Animal Welfare or Anti-Semitism?

By John M. Simpson.

The New York Times recently reported on an interesting (and unsettling) animal law development in a European Union member country.  According to the report, an area of Belgium – Flanders – adopted a law that eliminates any religious exception to the otherwise generally applicable animal welfare law requirement that an animal harvested for food be stunned prior to slaughter.   The law took effect as of the first of the year, and is similar to a measure adopted in the Belgian region of Wallonia that will take effect in September. Continue reading “Animal Welfare or Anti-Semitism?”

PETA’s Attack on Seafood Restaurant Backfires

By John M. Simpson.

Last fall, we reported on a situation in Baltimore, Maryland, in which a local, family-owned seafood restaurant decided to resist a campaign by People for the Ethical Treatment of Animals (PETA) against steamed crabs.  PETA purchased a billboard advertisement in which a Maryland crab proclaimed “I’m ME, not MEAT.  See the individual.  Go Vegan.”  PETA believes that crabs feel pain and that the method of boiling them alive is inhumane.  Since crabs are invertebrates, whether they feel pain or just demonstrate a reflex action is debatable.  The science is not conclusive on this point.

Seeing PETA’s move as an assault on the entire Maryland crab industry, a local establishment which has sold steamed crabs for decades decided enough was enough, stood up and took the animal rights group on. Continue reading “PETA’s Attack on Seafood Restaurant Backfires”

Eighth Circuit Upholds Trump Administration’s Scuttling of Packers and Stockyards Act Rules

By John M. Simpson.

The U.S. Court of Appeals for the Eighth Circuit recently denied a petition for review of the Secretary of Agriculture’s actions to withdraw interim final and proposed regulations under the Packers and Stockyards Act (PSA).  Organization for Competitive Markets, et al., v. Dep’t of Agriculture, et al., No. 17-3723 (8th Cir. Dec. 21, 2018).  The  interim final and proposed rules had been issued by the U.S. Department of Agriculture (USDA) in the Obama Administration in late 2016 but were scuttled by the Trump Administration.  Continue reading “Eighth Circuit Upholds Trump Administration’s Scuttling of Packers and Stockyards Act Rules”

FDA Reports on Antimicrobial Drug Use in Food-Producing Animals

By John M. Simpson.

On December 18, 2018, the Commissioner of the U.S. Food and Drug Administration (FDA), Scott Gottlieb, M.D., announced the issuance of the FDA’s 2017 Summary Report on Antimicrobials Sold or Distributed for Use in Food-Producing Animals.  As the Commissioner noted, the health issues posed by antimicrobial-resistant pathogens are a significant problem.  Antimicrobial resistance is “the ability of a microorganism (bacteria, virus, fungi, parasite) to resist the effects of a drug.”  Therefore, “[o]ptimizing how medically important antimicrobial drugs are used and limiting their use to only when necessary to treat, control or prevent disease will help to preserve the effectiveness of these drugs for fighting disease in both humans and animals.”  Continue reading “FDA Reports on Antimicrobial Drug Use in Food-Producing Animals”

Court Dismisses Challenge to USDA’s Failure to Issue AWA Avian Regulations

By John M. Simpson

Earlier this week, a federal district court in Washington, D.C., dismissed an action brought by animal rights organizations challenging the failure of the U.S. Department of Agriculture (USDA) to issue animal welfare regulations specific to birds under the Animal Welfare Act (AWA).  American Anti-Vivisection Soc’y, et al. v. U.S. Dep’t of Agriculture, et al., No. 1:18-cv-01138 (TNM) (D.D.C. Dec. 10, 2018).  While finding that the plaintiffs had pleaded sufficient facts to establish Article III standing to sue, the court rejected their substantive claims under the Administrative Procedure Act (APA):  (i) that USDA’s failure to promulgate regulations applicable to birds was “agency action unlawfully withheld;” and (ii) that USDA’s decision not to issue the standards was arbitrary and capricious, an abuse of discretion and contrary to law.  Continue reading “Court Dismisses Challenge to USDA’s Failure to Issue AWA Avian Regulations”

Farm Bill Protects Pets and Support Animals of Domestic Violence Victims

by John M. Simpson.

The Conference Committee compromise version of the 2018 Farm Bill, was released on December 10, 164 Cong. Rec. H9823 (Dec. 10, 2018).  The measure was passed by the Senate on December 11 and contains a provision that protects the pets, service animals, emotional support animals and horses of victims of stalking and domestic violence.   Section 12502 entitled “Protecting Animals with Shelter,” amends certain parts of Title 18, U.S. Code, to provide protection for such animals.  Continue reading “Farm Bill Protects Pets and Support Animals of Domestic Violence Victims”

PETA Language Pointers Generate Controversy

People for the Ethical Treatment of Animals (PETA), an animal rights organization known for attention-grabbing publicity stunts, recently launched a new campaign to rid the English language of idioms that the organization regards as offensive to animals.  Analogizing the matter to the use of “racist, homophobic  or ableist language,” PETA claimed that replacing phrases such as “bring home the bacon” with alternatives such as “bring home the bagels” would remove “speciesism” from daily conversations.   Continue reading “PETA Language Pointers Generate Controversy”

RSPCA Warns Against Feeding Vegan Diets to Cats

By John M. Simpson.

As reported by certain outlets (here and here), the Royal Society for the Prevention of Cruelty to Animals (RSPCA) recently warned that feeding a house cat a vegan diet (i.e., no meat) could violate the UK’s Animal Welfare Act.  The RSPCA’s warning apparently came after several vendors at the National Pet Show in Birmingham in November displayed the latest in vegan pet food and non-meat pet food alternatives.  Continue reading “RSPCA Warns Against Feeding Vegan Diets to Cats”

U.S. Supreme Court Decides Dusky Gopher Frog Case

By John M. Simpson.

On November 27, 2018, the U.S. Supreme Court issued its decision in a closely watched Endangered Species Act (ESA) case involving the U.S. Fish & Wildlife Service’s (FWS’s) designation of “critical habitat” for an endangered species known as the “dusky gopher frog” (Rana sevosa).  Weyerhaeuser Co. v. U.S. Fish & Wildlife Serv., 586 U.S. ___, No. 17-71 (Nov. 27, 2018). The Court reversed the Fifth Circuit’s decision which had upheld the FWS designation. Continue reading “U.S. Supreme Court Decides Dusky Gopher Frog Case”

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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