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Title Citation Alternate Citation Agency Citation Summary Type
Animal Law Index Volume 18, Part 2

Animal Law Review Volume 18, Issue 2 (Spring 2012)

 

Policy
MS - Slaughter - Chapter 35. Meat Inspection Miss. Code Ann. § 75-35-1 to 75-35-327 MS ST § 75-35-1 to 75-35-327

These Mississippi statutes regulate meat products, animal slaughter, inspection and branding. Animals to be slaughtered must examined and slaughtered humanely, which means being “rendered insensible to pain... before being shackled, hoisted, thrown, cast or cut.” Meat and meat products must be labeled “Mississippi inspected and passed.” Any violation of the provisions may result in imprisonment and/or a fine.

Statute
IL - Ordinances - 5/3. Appointment of administrator; 510 I.L.C.S. 5/3 IL ST CH 510 § 5/3 This Illinois statute provides that the County Board Chairman with the consent of the County Board shall appoint an Administrator who may appoint as many Animal Control Wardens to aid him or her as authorized by the Board. The Board is authorized by ordinance to require the registration and microchipping of dogs and cats and shall impose an individual animal and litter registration fee. All persons selling dogs or cats or keeping registries of dogs or cats shall cooperate and provide information to the Administrator as required by the Board. Statute
People v. Zimberg 33 N.W.2d 104 (Mich. 1948) 321 Mich. 655 (Mich. 1948)

Defendants were charged with having in their possession in the city of Detroit with intent to sell pikeperch (yellow pickerel) that were undersized, contrary to a Michigan statute.  In response to defendants' challenge to the constitutionality of the statute, the court noted that it is universally held in this country that wild game and fish belong to the state and are subject to its power to regulate and control; that an individual may acquire only such limited or qualified property interest therein as the state chooses to permit.  Defendants also contended the statute violated equal protection.  The court disagreed, finding the argument is without foundation in fact, as the statute makes no discrimination.

Case
OR - Rehabilitation, wildlife - Chapter 635. Department of Fish and Wildlife. OR ADC 635-044-0200 - 635-044-0310 OAR 635-044-0200 - 635-044-0310 (repealed 2015) [Note: repealed 2015] Under this set of Oregon regulations, any person desiring to hold any bird, mammal, amphibian or reptile for the purpose of wildlife rehabilitation must first obtain a Wildlife Rehabilitation Permit from the Department of Fish and Wildlife. The requirements and conditions to obtain a permit is also provided. In addition to an Oregon Wildlife Rehabilitation Permit, persons possessing this permit must also obtain a federal permit for species protected by federal law and provide a copy of the current valid federal permit to the Department. Other sections provide prohibited species under the permit and facility requirements. Administrative
WI - Domestic Violence - 813.12. Domestic abuse restraining orders and injunctions Wis. Stat. Ann. § 813.12, 813.122, 813.123 W. S. A. 813.12, 813.122, 813.123 These Wisconsin statutes concern restraining orders or injunctions in domestic abuse cases, child abuse cases, and cases filed by "individuals as risk." In each of these laws, there are protections for “household pets,” defined as domestic animals that are not farm animals, as defined in s. 951.01(3), that are kept, owned, or cared for by the petitioner or by a family member or a household member of the petitioner. In both cases of domestic abuse and child abuse, a judge or circuit court commissioner shall issue a temporary restraining order ordering the respondent to refrain from removing, hiding, damaging, harming, or mistreating, or disposing of, a household pet, to allow the petitioner or a family member or household member of the petitioner acting on his or her behalf to retrieve a household pet, or any combination of these remedies requested in the petition. The domestic abuse and child abuse laws then outline the procedures for obtaining an injunction that includes those protections for domestic pets if requirements are met under the laws. In section 813.123, an "individual at risk," may also seek a TRO and injunction that orders the respondent to refrain from removing, hiding, damaging, harming, or mistreating, or disposing of, a household pet and allow the individual at risk or a guardian, guardian ad litem, family member, or household member of the individual at risk acting on his or her behalf to retrieve a household pet. Statute
ME - Exotic Pets - Chapter 723. Facility Licenses. 7 M. R. S. A. § 3931-B (§ 3931-B. Repealed. Laws 2011, c. 100, § 13, eff. May 19, 2011) REPEALED: This Maine statute outlines the requirements that apply to wolf hybrid kennels. A person who operates a wolf hybrid kennel must register with the department. The offspring of a wolf hybrid must be permanently identified prior to transferring ownership or care of the animal. Failure to comply with the provisions of this section results in a civil violation with a forfeiture not to exceed $1,000. (For other exotic pet laws in Maine, see Chapter 730-A. Breeding, Sale and Transportation of Small Mammals). Statute
FL - Cruelty, Humane Slaughter - Consolidated Cruelty Statutes/Humane Slaughter Laws West's F. S. A. § 828.01 - 828.43; West's F. S. A. § 768.139 FL ST 828.01 - 828.43; FL ST § 768.139; FL ST § 843.19 This section comprises the Florida anti-cruelty laws. Under this section, the word "animal" includes every living dumb creature. The misdemeanor violation of animal cruelty (section 828.12) occurs when a person unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or carries in or upon any vehicle, any animal in a cruel or inhumane manner. A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering is guilty of a felony of the third degree. Psychiatric or psychological counseling are also mandatory for convicted offenders. The section also criminalizes animal abandonment and neglect as well as animal fighting. Statute
Nikolic v. Seidenberg 610 N.E.2d 177 (Ill. App. Ct. 1993)

When the pet owner adopted a dog, she signed a contract agreeing to have her dog spayed at the vet's facility and to return the dog to the vet if it was sick. For days after the surgery the dog was ill so the other vet performed exploratory surgery and repaired a cut in the dog's intestine. The pet owner filed an action to recover the medical expenses and the lower court granted the vet's motion to dismiss.  The reviewing court held that the language in the contract was not sufficiently clear and explicit to exculpate the vet from negligence because the vet was not a party to the contract and thus not a direct beneficiary of the contract.

Case
TX - Service animals - § 434.029. Service Dog Pilot Program for Certain Veterans V.T.C.A., Government Code § 434.029 TX GOVT § 434.029 The commission by rule shall establish a pilot program for veterans to assist in mitigating the symptoms of military service-related post-traumatic stress disorder, traumatic brain injury, or military sexual trauma through the provision of a service dog. Statute

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