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Title Citation Alternate Citation Agency Citation Summary Type
AR - Pet Sales - Chapter 97. Retail Pet Stores. A.C.A. §§ 4-97-101 to 109 AR ST §§ 4-97-101 to 109 This statutory section comprises the Arkansas Retail Pet Store Consumer Protection Act of 1991. The purpose of the act is to ensure that purchasers receive consumer animals that are physically and temperamentally sound, healthy, and fit as companions. The Act also provides a means by which the acquisition and care of those animals can be monitored. Statute
Farm Sanctuary v. United States Department of Agriculture --- F.Supp.3d ----, 2023 WL 8602134 (W.D.N.Y. Dec. 12, 2023) 2023 WL 8602134 (W.D.N.Y., 2023) This case was brought by plaintiffs, several nonprofit animal rights organizations, to challenge a Final Rule implementing a new swine inspection system at pig farms and slaughterhouses across the United States against defendants, the United States Department of Agriculture and the Food Safety Inspection Service. The new system requires that employees of the slaughterhouses perform ante-mortem and post-mortem sorting activities before the federal inspection is to take place, which plaintiffs challenge under the argument that this shifting of the sorting activities to slaughterhouse employees is in violation of the Federal Meat Inspection Act (FMIA) and Humane Methods of Slaughter Act (HMSA). Plaintiffs argue that this delegation is improper, would negatively impact the safety of pork being produced by slaughterhouses, and would lead to inhumane slaughter of pigs. Plaintiffs and defendants filed motions for summary judgment. The court granted defendant's motion for summary judgment, finding that plaintiffs failed to meet the burden of proof to show that the delegation of the sorting process was improper. Case
State v. Davidson Slip Copy, 2006 WL 763082 (Ohio App. 11 Dist.), 2006-Ohio-1458

In this Ohio case, defendant was convicted of 10 counts of cruelty to animals resulting from her neglect of several dogs and horses in her barn.  On appeal, defendant argued that the evidence was insufficient where the prosecution witness did not state the dogs were "malnourished" and said that a couple were reasonably healthy.  The appellate court disagreed, finding that defendant mischaracterized the veterinarian's testimony and that there was no requirement to prove malnourishment.  Further, the dog warden testified that she did not find any food or water in the barn and that the animals' bowls were covered with mud and feces.

Case
FL - Exotic Pets - 68-5.008. Amnesty for Persons Relinquishing Non-native Pets. Fla. Admin. Code r. 68-5.008 Rule 68-5.008, F.A.C. This rule provides amnesty to non-native pet owners who voluntarily relinquish their illegal animals to state or county wildlife agencies or during Commission-sponsored amnesty events. Administrative
Gill v. Brown 695 P.2d 1276 (Idaho App., 1985)

Plaintiffs sought to recover property damages and damage and for mental anguish sustained when Brown allegedly shot and killed a donkey owned by the Gills.  By alleging that Brown's conduct was reckless and that they thereby suffered extreme mental anguish and trauma, the court held that the Gills have alleged facts that, if proven, could permit recovery under an intentional infliction of emotional distress cause of action. Accordingly, the court held that the district court erred by striking the Gills' claim for damages caused by mental anguish and the cause was remanded.

Case
CA - Trusts - § 15212. Trusts for care of animals; duration; requirements; accountings; beneficiaries West's Ann. Cal. Prob. Code § 15212 CA PROBATE § 15212 This California statute provides that a person can create a trust for the care of a designated domestic or pet animal for the life of the animal. The duration will only be for the life of the pet, even if the trust instrument contemplates a longer duration. Note that the statute uses the singular form of "animal" and the term "domestic" or "pet" is used. Statute
IN - Cruelty - THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 59 OF 1960

The Prevention of Cruelty to Animals Act, 1960 prohibits any person from inflicting, causing, or if it is the owner, permitting, unnecessary pain or suffering to be inflicted on any animal. The Act makes it a crime to beat, kick, torture, mutilate, administer an injurious substance, or cruelly kill an animal. It is also illegal to over-ride, over-drive, over-load, or work an unfit animal. It is an offense to cruelly transport, confine, chain or tether an animal. It is a violation to engage in animal fighting or shooting competitions in which animals are released from captivity to be shot. An owner commits an offense if he or she fails to provide sufficient food, drink or shelter, unreasonably abandons any animal, or permits any diseased or disabled animal to roam or die in any street.

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Derecho Animal Volume 1 Núm 1

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Editorial

 

Introducción

Teresa Giménez-Candela

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Policy
Gerofsky v. Passaic County Society for the Prevention of Cruelty to Animals 870 A.2d 704 (N.J. 2005) 376 N.J.Super. 405

The President of the New Jersey SPCA brought an action to have several county SPCA certificates of authority revoked.  The county SPCAs brought a counterclaim alleging the revocation was beyond the state SPCA's statutory authority.  The trial court revoked one county's certificate of authority, but the Court of Appeals held the revocation was an abuse of discretion.

Case
MI - Initiatives - Proposal 14-2, A REFERENDUM OF PUBLIC ACT 520 OF 2012, ESTABLISHING A HUNTING SEASON FOR WOLVES AND AUTHORIZING ANNUAL WOLF HUNTING SEASONS Proposal 14-2 (2014)

This is the second wolf-related ballot measure for the November 4, 2014 election that also operates as a veto referendum. If the proposal is approved, it would uphold Public Act 21 of 2013, which authorizes the Natural Resources Commission to directly designate game species (including wolves) and determine hunting seasons. In Michigan, a "Yes" vote on a veto referendum upholds the law and a "No" vote rejects the law. As a result, the referendum's supporters are campaigning for a "No" vote.

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