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Title Citation Alternate Citation Agency Citation Summary Type
RI - Importation, pets - 40-05-1.8. Importation of Dogs and Cats for the Purpose of Rescue, Shelter, Foster Care, 250 RI ADC 40-05-1.8 This Rhode Island regulation provides that any entities that import a dog or cat for rescue, adoption, foster care, brokering, and/or remote sales must register with the Department via the submittal of an application form provided by the Department. Administrative
CA - Fighting - § 598.1. Dogfighting; forfeiture proceedings West's Ann. Cal. Penal Code § 598.1 CA PENAL § 598.1 This California law allows the prosecuting attorney to file a petition for forfeiture in animal fighting cases under Section 597.5 or subdivision (b) of Section 597b. Any property interest, whether tangible or intangible, that was acquired through the commission of any of the crimes listed in subdivision (a) of Section 597.5 or subdivision (b) of Section 597b shall be subject to forfeiture, including both personal and real property, profits, proceeds, and the instrumentalities acquired, accumulated, or used by cockfighting or dogfighting participants, organizers, transporters of animals and equipment, breeders and trainers of fighting birds or fighting dogs, and persons who steal or illegally obtain dogs or other animals for fighting, including bait and sparring animals. Statute
Brown v. Muhlenberg Tp. 269 F.3d 205 (3rd Cir. 2001)

Pet owners were unreasonably deprived of their Fourth Amendment rights to their pet by police officer. Pennsylvania Court would recognize a claim for intentional infliction of emotional distress based upon the killing of a pet.

Case
Derecho Animal Volume 9 Núm 3

Tabla de contenidos

 

Editorial

 

Descosificación de los animales en el Cc. español

Marita Giménez-Candela

7 - 27

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28 - 47

Policy
AU - Wildlife - Territory Parks and Wildlife Conservation Act 1977 (NT) Territory Parks and Wildlife Conservation Act 1977

An Act to make provision for and in relation to the establishment of Territory Parks and other Parks and Reserves and the study, protection, conservation and sustainable utilisation of wildlife.

Statute
US - Livestock - To Amend Labeling Regulations under the Federal Meat Inspection Act and the Poultry Products Inspection Act Submitted by Animal Welfare Institute The Animal Welfare Institute (AWI) submits this petition for rulemaking in compliance with United Stated Department of Agriculture (USDA) regulation 9 C.F.R. § 392 and the Administrative Procedure Act, 5 U.S.C. § 551 et seq. AWI respectfully requests USDA’s Food Safety and Inspection Service (FSIS) to amend labeling regulations under the Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA) to require independent third-party certification for the approval of animal welfare and environmental stewardship claims on meat and poultry products. This action is necessary to 1) prevent the misleading and deceptive use of animal welfare and environmental stewardship claims, 2) provide for consistency and transparency in the label approval process, 3) meet consumer expectations for the label approval process, and 4) protect from financial harm those farmers making legitimate use of these value-added claims. Read the Federal Meat Inspection Act regulation in effect at the time the AWI petitioned. Administrative
Clyncke v. Waneka 157 P.3d 1072 (Colo. 2007) 2007 WL 570412 (Colo.)

In this Colorado case, an inexperienced horse rider who was injured in fall from horse during a horse roundup, brought an action under the Colorado Equine Activities Statute against the owners of riding stable. The lower court, after a jury trial, entered a judgment for the stable owners. On appeal at the Supreme Court, the Court found that the Equine Statute places a two-pronged duty on sponsors; a sponsor is liable when he or she fails to make reasonable efforts to determine either a participant's ability to engage in the equine activity or a participant's ability to manage a particular horse. Here, a new trial was in order because the result may have been different if court had properly instructed the jury regarding the exception from civil liability for the sponsor.

Case
IN - Farriers - PREVENTION OF CRUELTY TO ANIMALS (LICENSING OF FARRIERS) RULES, 1965 Licensing of Farriers Rules, 1965 The Rules, drafted under Section 38(2) of the Prevention of Cruelty to Animals Act, 1960, regulate farriers (persons who attach shoes to hooves of animals). It is mandatory for farriers to obtain a license. Statute
AK - Zoo - § 09.65.180. Civil liability of zoos AS § 09.65.180 AK ST § 09.65.180 The Alaska law provides that, except as provided in (b), a person who owns or operates a zoo is strictly liable for injury to a person or property if the injury is caused by an animal owned by or in the custody of the zoo. Statute
Am. Anti-Vivisection Soc'y et. al. v. USDA et. al. 946 F.3d 615 (D.C. Cir. 2020) Congress passed the Animal Welfare Act (“AWA”) in 1966 to insure that animals intended for use in research facilities, for exhibition purposes, or for use as pets were provided humane care and treatment. Initially the definition of the word “animal” excluded birds according to the USDA. In 2002, Congress amended the AWA to make it known that birds were to be protected as well. The USDA promised to publish a proposed rule for public comment once it determined how to best regulate birds and adopt appropriate standards. Eighteen years later, the USDA has yet to issue any standards regarding birds. The American Anti-Vivisection Society and the Avian Welfare Coalition sued to compel the USDA to either issue bird-specific standards or to apply its general standards to birds. These animal-rights groups argued that the USDA’s utter failure to promulgate any bird specific standards amounted to arbitrary and capricious agency action. Their second argument was that USDA unlawfully withheld and unreasonably delayed action. The district court dismissed their complaint for failure to state a claim to which the animal-rights groups appealed. The Court of Appeals found that the AWA, when it was amended in 2002, required the USDA to issue standards governing the humane treatment, not of animals generally, but of animals as a defined category of creatures including birds not bred for use in research. The USDA failed to take “discrete action” issuing standards to protect birds that the AWA requires it to take. The Court ultimately affirmed the district court as to the arbitrary and capricious claim but reversed and remanded as to the unreasonable delay claim to determine whether the issuance of bird-specific standards has been unreasonably delayed. Case

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