8September2014

Oregon Supreme Court: Animals Now Seen as “Victims” under Animal Neglect Statute

Posted by admin under: News.

By: Stacy A. McKerlie
samckerlie@gmail.com

Arnold Weldon Nix was indicted on 23 counts of first-degree animal neglect, and 70 counts of second-degree animal neglect. Each count identified a different animal. Nix was found guilty and was convicted of 20 counts of second-degree animal neglect under Oregon Revised Statute 167.325 (http://www.oregonlaws.org/ors/167.325). Defendant Nix argued that he should only be convicted of one count of animal neglect instead of 20 because there could only be one victim under the statute: the public or the animal’s owner. At the trial level, Nix was charged with only one conviction, despite the fact that he was found guilty of neglecting 20 animals. Under Oregon Revised Statute 161.067(http://www.oregonlaws.org/ors/161.067), the trial court concluded that only people, not animals, could be seen as victims.

ORS 161.067 states, “When the same conduct or criminal episode, though violating only one statutory provision involves two or more victims, there are as many separately punishable offenses as there are victims.” This law is also referred to as the “anti-merger” statute. Read the rest of this entry »

Comments Off 

1August2014

FDA Does Not Have To Hold Hearings On Anti-Biotic Use in Animal Feed Despite Promising to Do So Since 1977

Posted by admin under: News.

BY:    Robert S Simon
rssimon@reginamundi.org

Appeals court decision on NRDC’s lawsuit against FDA for failing to address antibiotic overuse in livestock production. The court grants judgment for the government  ruling that the court has not authority to require the agency to implement its Congressional mandate in any particular manner, least of all, in an effective manner.

Commentary – (this piece is the opinion of the author and not the opinion of the Oregon State Bar, the Animal Law Section Executive Committee, or the Section Members)

The U.S. Second Circuit Court of Appeals ruled that the U.S. Food and Drug Administration (FDA) does not have to consider banning the practice of regularly feeding antibiotics to animals that are not sick despite its finding that such misuse of antibiotics threatens the effectiveness of essential human medicines. The appeals court overturned two district court rulings in cases brought by the Natural Resources Defense Council (NRDC) and other groups, which directed the FDA to stop the routine use of certain antibiotics in healthy animals unless drug manufacturers proved the safety of such use. http://docs.nrdc.org/health/hea_14072401.asp Read the rest of this entry »

Comments Off 

21April2014

Court of Appeals: Admitting Dog’s Medical Records Violates Defendant’s Fourth Amendment

Posted by admin under: News.

By: Stacy A. McKerlie
samckerlie@gmail.com

An individual had become concerned when she suspected her neighbor, defendant Amanda Newcomb, was mistreating a dog. Defendant had been failing to provide food, attention, and was seen striking the dog. The concerned citizen made a report, which prompted a police officer to investigate. The police officer arrived and was allowed inside, where he saw, in plain view, the dog in a malnourished condition. When the officer inquired as to the dog’s weight, the defendant claimed she was out of dog food. The police officer asked the defendant if she would sign a medical release for her dog, but she refused. The officer seized the dog and took it to a veterinarian, who confirmed that the cause of sickness was lack of food, and that the dog was healthy otherwise. The officer did not request a warrant for the dog’s vital information that the veterinarian would obtain in the course of treatment. Read the rest of this entry »

Comments Off 

28February2014

Idaho’s New “ag-gag” Bill Passes House and Senate, May Become Law

Posted by admin under: News.

By: Stacy McKerlie, Esq.

Idaho’s Senate Bill 1337, introduced on February 10, 2014 by Senator Jim Patrick, makes it a crime to interfere with the “production of agricultural production.” The bill’s stated purpose is, “to protect agricultural production facilities from interference by wrongful conduct.” Such “wrongful conduct” includes trespassing onto facilities in order to record instances of animal abuse. Similar “ag-gag” laws have been passed in Utah and Iowa, and are criticized for silencing potential whistleblowers in the industry. These types of bills are called “ag-gag” bills because of the “gag”-order effect on reporting conditions of agricultural (“ag”) facilities.

Committing this crime means receiving up to one year in jail, and/or a fine of $5000. The bill also permits the “victim” (agricultural production facility) to seek restitution against the person(s) committing the crime. Read the rest of this entry »

Comments Off 

24February2014

Grass Fed Beef Processor Closed in Petaluma California

Posted by admin under: News.

By: Robert S Simon
rssimon@reginamundi.org
February 22, 2014

8.7 Million pounds of grass fed and organic beef were recalled by the Rancho Feedng Corp slaughterhouse on February 8, 2014 and the operations ceased completely on February 14, 2014 leaving Petaluma California small ranchers without access to market and processing facilities within a radius of approximately 150 miles of the town.

Rancho Feeding Corp., a slaughterhouse in Petaluma, California, issued a recall notice for ALL of the beef it processed in 2013 on February 8, 2014, and ceased operations on February 14, 2014.  Read more about this in Food Safety News…. http://www.foodsafetynews.com/2014/02/bay-areas-last-major-slaughterhouse-struggles-with-recall-closures/#.UwmsJ7mYa1s. Read the rest of this entry »

Comments Off 

22January2014

Breed-specific Dog Laws Are Ineffective, Discriminatory

Posted by admin under: News.

Published January 19, 2014 by the Medford Mail Tribune

http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20140119/OPINION/401190315

By Lisa Frost

In August, the White House issued a statement against breed discrimination. The statement issued was an adoption of the Centers for Disease Control and Prevention’s community-based approach to prevent dog bites: Research shows that bans on certain types of dogs are ineffective and a waste of public resources.

In 2000, the CDC looked at 20 years of data about dog bites and human fatalities in the U.S. They found that fatal attacks represent a very small proportion of dog bite injuries to people, and that it’s impossible to calculate bite rates for specific breeds. Read the rest of this entry »

Comments Off 

22January2014

The New York Times Reports That Pasture Raised Pigs Are Gaining Market Share and Public Preference

Posted by admin under: News.

News Link: (Posted by Robert S Simon – Robert@RobertSSimon.com)

The New York Times reports that pasture raised pigs are gaining market share and public preference – (see the link for more details)

http://www.nytimes.com/2014/01/21/business/demand-grows-for-hogs-that-are-raised-humanely.html?hpw&rref=business

Several factors are driving the appetite for pasture-raised pork, grocers and chefs say. Consumers are increasingly aware of and concerned about the conditions under which livestock is raised, and somewhat more willing to pay higher prices for meat certified to have come from animals that were humanely raised. As much as consumers say they want their meat to come from humanely raised animals, they still resist paying higher prices for pasture-raised pork. Selling the whole hog is still a tough market for farmers raising pastured pigs. Mass pork producers ship hard-to-sell parts like hooves, kidneys and livers to China and other countries where cuisines are more accommodating, but small farmers don’t have access to such markets. Another challenge is that farmers raising pastured pigs acknowledge that pigs raised outdoors have a higher risk of coming into contact with rodents and other animals that carry the pathogen for trichinosis.

Comments Off 

18December2013

Animal Enterprise Terrorism Act (AETA) of 2006 Faces Challenge at ABA Annual Meeting in August 2014

Posted by admin under: News.

Animal Enterprise Terrorism Act (AETA) of 2006 Faces Challenge at ABA Annual Meeting in August 2014
Posted by: Robert S Simon (rssimon@reginamundi.org), Animal Welfare Committee, Oregon State Bar, Animal Law Section

The Animal Enterprise Terrorism Act (AETA) of 2006 [Title 18 U.S.C.A. Section 43 (2006)] challenges the equal protection rights under the free speech and assembly clauses of the United States Constitution based on the content of the speech and assembly according to groups dedicated to its repeal . http://noaeta.org/ Many social justice activists who oppose animal related industries such as the livestock, biomedical, and pharmaceutical research and producers fear that the law restricts freedom of speech and assembly. One such group is the Equal Justice Alliance which was formed for the sole purpose of repealing the federal law. The American Bar Association has been asked to pass out a resolution in support of the repeal effort at its August 7-12, 2014 annual meeting which is held in Boston, Massachusetts (Hynes Convention Center) http://www.americanbar.org/calendar/annual.html (see link for registration details). Read the rest of this entry »

Comments Off 

Upcoming Events