by John M. Simpson.
Today, the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) published final amendments to the regulations governing the licensing of animal dealers, exhibitors and operators of auction sales under the Animal Welfare Act (AWA), 7 U.S.C. § 2131 et seq. Continue reading USDA Issues Amendments to Animal Welfare Act Licensing Regulations
by Michelle C. Pardo
This week, Congressmen Charlie Crist (D-FL) and Guy Reschenthaler (R-PA) introduced the Petfax Act (H.R. 5715), legislation designed to bring more transparency to the condition of pets being sold by sellers and breeders.
The term “Petfax,” which appears to be a take on the trademarked name and service “Carfax” that aids automobile buyers in providing a vehicle’s history, such as ownership, accidents, and repairs, is described as mandating “honesty and transparency in the commercial sale of dogs and cats.” The legislation is the third in a series of “anti-puppy mill” bills introduced in this Congress. The divisive term “puppy mill” has been used as to refer to dogs bred in large-scale, commercial dog breeding operations. Continue reading Federal Legislation Requiring “Petfax” Aims to Improve Pet Buying Process
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