Volume 1, Number 3 (August 9, 2010)

TOP NEWS

Pets in Pet Stores Ban.  A vote by the San Francisco Commission of Animal Control and Welfare to ban the sale of pets by pet stores is expected during its August 12, 2010 meeting.  While a formal proposal has yet to be published, discussions by Commission members suggest that the body would be considering a prohibition against the sale of all pet animals in pet stores.  Should the Commission vote in favor of such a proposal, it would be reviewed by the City Attorney for action by the Board of Supervisors, and San Francisco would move one step closer to being the only jurisdiction in the United States to enact a ban on all pets sold in pet stores.  In testimony against the ban PIJAC noted that it was a “feel good” proposal that would only hurt pet owners without addressing the shelter issues that purportedly motivated it, and PIJAC continues to aggressively oppose the initiative while reaching out to the Commission in support of alternatives that would actually alleviate concerns about adoptable animals.  Similar proposals are being floated in other localities as well.  If this proposal is successfully enacted in San Francisco, it is probable that proposals to ban the sale of pets in pet stores will spread.  To view an August 2^nd Fox News Channel interview on this issue with Michael Maddox, PIJAC’s Vice President of Government Affairs, click here.  For more detailed information on this issue, please refer to PIJAC's PetAlert.

AMPHIBIAN

Federal.  On September 9, 2009, Defenders of Wildlife filed two petitions - one with the Department of the Interior and the other with the Department of Agriculture – urging them to take immediate action to regulate live amphibian imports in the pet, food, scientific and live bait trades so as to minimize the spread and impact of an amphibian pathogen known as Batrachochytrium dendrobatidis, “Bd,” or "chytrid fungus."   In response to the petition, the U.S. Fish and Wildlife Service (USFWS) is preparing a Notice of Inquiry (NOI) which will be published in the Federal Register and invite public comment - particularly with respect to regulating the importation and between state movement of non-native amphibians through the Lacey Act.  PIJAC is closely monitoring the status of the NOI.  For more information and to follow PIJAC's work on this issue, please visit our Non-Native Amphibian NOI blog.

New Mexico.  New Mexico’s Department of Game and Fish published its updated “Species Importation List” (dated August 3, 2010).  People importing amphibians need to review the lists carefully to determine which import permits may be required. The lists also need to be reviewed because PIJAC believes that additional amphibian species need to be exempted from any permit requirements.  

Please see also INVASIVE/NON-NATIVE SPECIES.

AQUATIC/MARINE

New Mexico. New Mexico’s Department of Game and Fish published its updated “Species Importation List” (dated August 3, 2010).  People importing aquatic/marine species need to review the lists carefully to determine which import permits may be required. The lists also need to be reviewed because PIJAC believes that additional aquatic/marine species need to be exempted from any permit requirements. 

New York.  Assembly Bill 8475 is aimed at preventing the introduction and spreading of aquatic invasive species into and within the waters of the State.  The bill would prohibit any person from entering or exiting a body of water or traveling overland in the State unless he or she removes all aquatic plants, animals and standing water from inside and outside his or her vehicle, boat, watercraft, or other related equipment; authorizes the inspection of all vehicles and boats by any State peace or police officer. PIJAC is monitoring this bill as it currently sits in the Assembly Committee on Codes awaiting further action. 

Please see also INVASIVE/NON-NATIVE SPECIES.

AVIAN

New York.  PIJAC is tracking Senate Bill 7850 which would enact the “Monk Parakeet Protection Act” providing for humane methods of relocation or removal, especially where threat to human life, private or public property, or agricultural concerns, are imminent for wild monk parakeet (a/k/a Quaker parakeet).  This bill is in the Senate Committee on Environmental Conservation awaiting further review.

Please see also INVASIVE/NON-NATIVE SPECIES.

BREEDER/KENNEL

Illinois. A law to limit the number of unaltered dogs a breeder may possess at any time is being considered in Illinois.  Companion legislation (House Bill 198 and Senate Bill 53) would require a separate license shall be required to operate for a dog dealer, commercial dog breeder, kennel operator, cattery operator, dog breeder, pet shop operator, animal shelter, animal control facility and guard dog service. The bills set forth requirements for dog breeders and pet shop operators regarding the treatment and breeding of dogs, and establish civil and criminal penalties for violations.  Breeders would also be required to publicly disclose certain information, and facilities would be subject to inspections by the Department of Financial and Professional Regulation.  Senate Bill 53 is currently in the Senate Committee on Assignments while House Bill 198 is in the House Committee on Rules.  Read PIJAC’s PetAlert for more details on this issue.

Massachusetts.  Senate Bill 774 states that a kennel license will not be issued to any person who owns, possesses controls or has charge of more than 25 intact dogs over the age of six months at any time.  The bill also provides a number of kennel facility standards including spacing requirements, temperature standards and exercise regimens. PIJAC is monitoring this bill even though it has been set aside for further study by the Joint Committee on Municipal & Regional Government. 

New Jersey.  PIJAC is monitoring Assembly Bill 474 which would limit breeders to selling 25 cats or dogs per year.  This bill defines a “breeder” as “any person who owns or operates a breeding facility and sells more than five cats or dogs per year, regardless of whether or not the person holds a valid breeder license issued by the United States Department of Agriculture”.  The bill would prohibit any "pet dealer," which includes pet shops and individuals selling more than five cats or dogs as pets per year, from buying cats or dogs from any breeder that does not have a valid registration and is not on the list published by the Department of Health.  The bill would also require pet dealers to make information on the cats and dogs available to the public. Violators could face fines of up to $10,000.   AB 474 currently sits in the Assembly Committee on Agriculture & Natural Resources.

Pennsylvania. The Pennsylvania Independent Regulatory Review Commission will hold a public hearing on August 19, 2010 concerning a proposed rulemaking initially introduced in 2009.  The proposed rulemaking would codify House Bill 2525 which was signed into law in 2008.  The proposed rulemaking, the “Canine Health Board Standards for Commercial Kennels”, addresses areas such as ventilation, lighting and flooring standards in commercial kennels.  PIJAC has submitted comments on the rulemaking expressing that the Board goes beyond its authority by seeking to impose the proposed requirements and the costs involved in these requirements could put many businesses out of business.  Click here to read PIJAC’s August 6^th PetAlert on this issue. 

DOG/CAT

Delaware.  Delaware Governor Markell signed House Bill 419 into law on July 28^th.  This Act transfers certain responsibilities and authority to the counties for the administration and enforcement of laws, ordinances, and regulations relating to dogs and dog control that were formerly vested in the Department of Natural Resources and Environmental Control.  The Act creates a mechanism for fines arising from dog law violations to be mailed to the Voluntary Assessment Center and directs that fines for dog- related offenses committed in a particular county be remitted to that county.  The Act, which PIJAC tracked since its introduction, also allows the counties to adopt, amend, modify, or repeal ordinances, rules, and regulations to effectuate the policy and purposes of Chapter 9, of Title 9, Delaware Code.

District of Columbia.  DC B18-0052 (the “Pit Bull Public Protection Act”) would impose a breed specific ban on pit bulls, prohibiting the importation, possession, display, sale, trade, barter, exchange, adoption or giving away of pit bulls in the city.  PIJAC has opposed breed specific legislation nationwide, and has sent testimony to the DC City Council stating that such legislation is inappropriate and unnecessary.  PIJAC has observed in its decades of dealing with dog legislation that measures which selectively target breed rather than behavior are highly ineffective in addressing public health and safety concerns and tend to wastefully consume public resources in the process, as well as inappropriately invade the rights of citizens.  This legislation is currently before the Council Committee on Health, Public Safety & Judiciary awaiting further action.

Illinois.  The Illinois Department of Agriculture has issued a proposed amendment to the state’s “Humane Care for Animals Act” to include acceptable methods of euthanasia of a companion animal.  The proposal states that the Department accepts the latest version of the American Veterinary Medical Association Guidelines on Euthanasia as recognized methods of humane euthanasia of companion animals.  The Department will be accepting comments until September 6^th.  Click here to read text of the proposed amendment and for instructions on submitting comments.

Massachusetts.  House Bill 1975 would provide for the mandatory spay/neuter of cats.  This bill has been set aside for further study by the Joint Committee on Municipal & Regional Government.  As written, this bill would prohibit a person from owning a cat over six months old that has not been spayed/neutered, unless the person holds a license to keep an unaltered cat or a license and permit for breeding cats issued by the board of health of the city or town in which they live.  PIJAC will continue to actively monitor this legislation.

INTERNATIONAL

Australia. Australia is considering restrictions on aquatic imports.  The Australian government is developing legislation to regulate importation of fish that might carry certain iridoviruses.  It appears that the primary recommendation would be to restrict imports to disease-free countries or subject imports to batch testing significant numbers of fish in a shipment.  Key ornamentals covered by the new rules would involve all poecilids, gouramis and cichlids imported into Australia or about 67% of Australian imports. Depending on the criteria for determining a “disease-free” country or “farm,” future imports may be severely restricted or curtailed due to excessive cost of compliance, if achievable at all.  PIJAC is closely monitoring these issues.

Australia.  Western Australia has published a new list of invasive (“noxious”) species.  Western Australia’s Department of Fisheries released its new noxious fish list which, according to law, cannot be possessed, kept or bred without written permission.   Pet owners are being asked to step forward to register their possession of the species of concern.  Owners may be able to keep their fish under strict conditions or surrender them as unwanted at various drop-off points.  Penalties for non-compliance can be up to $10,000.   Prior to the new list’s becoming finalized, there were reports that people would have to kill all of their fish; there was also concern there might be a mass release into the wild.  According to recent newspaper reports hobbyists appear to be “off the hook” because the Department reportedly created a last minute loop-hole that converted potential criminal fish keepers into regulated fish keepers. According to one hobbyist keeping Oreochromis yanganicae (Tilapia) it was clear that people “did not want their pets destroyed, so some of the fish have already been hidden away, and consequently their value is increasing on the black market.”  The last minute usage of a registration/permit system salvaged an otherwise potential problem of driving certain fish-keepers underground.  PIJAC will continue to follow this issue.

Convention on Biological Diversity (CBD). The CBD has invited PIJAC’s Vice President of Environmental Policy and Communications, Dr. Jamie K. Reaser, to write the strategic plan on invasive species for its “Biodiversity and Business” publication series. The product will be distributed to government leaders this fall at the United Nations General Assembly in New York (22 September) and CBD Conference of the Parties in Nagoya, Japan (mid October).  

In October, Dr. Reaser will travel to Japan to present the “Pet Pathway Toolkit: Ways to Minimize the Invasion Risk of Escaped/Released Pets” CBD Conference of the Parties. The CBD requested that PIJAC work with the Global Invasive Species Programme (GISP) to develop the Toolkit in order to support governments around the world in their efforts to prevent harmful non-native species from having an impact on their natural environments.  A future version of the E-News will announce public availability of the on-line Toolkit.

INVASIVE/NON-NATIVE SPECIES

Federal.  PIJAC’s Vice President of Environmental Policy and Communications, Dr. Jamie K. Reaser, also serves at the Vice Chairof the US Invasive Species Advisory Committee (ISAC), a White House appointed committee which advises the Federal government on invasive species issues.  In her role as ISAC Vice Chair, Dr. Reaser recently co-authored a paper on the relationship between biofuels and invasive plants which provides policy advice to the U.S. National Invasive Species Council (NISC). Click here to read the full article.

Federal. On September 9, 2009, Defenders of Wildlife filed two petitions - one with the Department of the Interior and the other with the Department of Agriculture – urging them to take immediate action to regulate live amphibian imports in the pet, food, scientific and live bait trades so as to minimize the spread and impact of an amphibian pathogen known as Batrachochytrium dendrobatidis, “Bd,” or "chytrid fungus."   In response to the petition, the U.S. Fish and Wildlife Service (USFWS) is preparing a Notice of Inquiry (NOI) which will be published in the Federal Register and invite public comment - particularly with respect to regulating the importation and between state movement of non-native amphibians through the Lacey Act.  PIJAC is closely monitoring the status of the NOI.  For more information and to follow PIJAC's work on this issue, please visit our Non-Native Amphibian NOI blog.

Federal.   REMINDER – COMMENT DEADLINE EXPIRED:  The deadline to submit comments regarding the U.S. Fish & Wildlife Service’s proposal to list nine species of large constrictors as 'injurious wildlife' under the Lacey Act was August 2nd.   Continue to monitor the PIJAC website's Breaking News Page and PIJAC's Large Constrictor Blog for the latest news on this issue.

New Mexico. New Mexico’s Department of Game and Fish published its updated “Species Importation List” (dated August 3, 2010).  The Department also finalized its regulations covering importation of animals into New Mexico.  PIJAC questioned the omission of invertebrates from any of the lists and expressed concern about importing crickets, worms, etc. as feeder animals.  The Department advised PIJAC that invertebrates do not fall under these regulations; therefore, imports, while possibly regulated under other regulations, are not restricted because they do not appear on the “Species Importation List.” Click here to view the revised regulations.  Click here to view the revised permit fees.   In response to PIJAC’s request regarding the ability to make additions, PIJAC was advised that the Department plans on holding a meeting in October.  PIJAC is compiling a list of additional species that need to be included in the lists as well as recommendations to move more species to the exempt list.  When applying for an annual import permit be warned that the fees cover the calendar year (January – December) and there is no provision for charging a prorate amount for a lesser period.  People getting a permit in August will pay the full annual fee.  PIJAC expects a number of importers will experience problems processing permit applications due to poorly worded provisions in the regulations. PIJAC will continue to work with the Department to clarify its requirements.  Based on testimony during the July Fish & Game Commission meeting, the Department is to report back to the Commission any problems experienced in implementing the revised import regulations.  Anyone experiencing problems should document them in writing and send a copy to PIJAC.   PIJAC will be following up with the Department to seek changes to cure some of the issues we expect will surface as people attempt to comply.     

New York.  Assembly Bill 8475 is aimed at preventing the introduction and spreading of aquatic invasive species into and within the waters of the State.  The bill would prohibit any person from entering or exiting a body of water or traveling overland in the State unless he or she removes all aquatic plants, animals and standing water from inside and outside his or her vehicle, boat, watercraft, or other related equipment; authorizes the inspection of all vehicles and boats by any State peace or police officer. PIJAC is monitoring this bill as it currently sits in the Assembly Committee on Codes awaiting further action.

New York.  PIJAC is tracking Senate Bill 7850 which would enact the “Monk Parakeet Protection Act” providing for humane methods of relocation or removal, especially where threat to human life, private or public property, or agricultural concerns, are imminent for wild monk parakeet (a/k/a Quaker parakeet).  This bill is in the Senate Committee on Environmental Conservation awaiting further review.  

Please see also INTERNATIONAL.

NON-ECONOMIC DAMAGES

Massachusetts. Massachusetts is calling for damages to include emotional distress and loss of companionship in cases of malicious injury or the killing of a pet.  House Bill 1250 is currently in the Joint Committee on Judiciary awaiting Executive Session.  PIJAC opposes non-economic damages for pet animals as they increases the costs of pets and pet products and create a disincentive for ownership of pets.  Click here to read PIJAC’s PetAlert on this issue. 

PET ENCLOSURE/TETHERING

Colorado.  REMINDER – UPCOMING PUBLIC HEARING: The Colorado Department of Agriculture has published a proposed rule amending regulations for the Pet Animal Care Facilities Act.  Provisions being amended by the proposal set forth standards for primary enclosures, temperature requirements, isolation areas, space requirements, and exercise standards.  The Department is holding a public hearing on this proposal on August 10^th and is accepting comments prior to, as well as at this hearing.  Click here to read PIJAC’s PetAlert, which contains detailed information and useful suggestions for submitting comments on this issue.  PIJAC will update any change in status of this regulation proposal on the Breaking News Page of its website.

New Jersey.  PIJAC is monitoring several tethering bills have been introduced in New Jersey.   Assembly Bill 1518, which would prohibit the cruel restraint and confinement of dogs, currently sits in the Assembly Committee on Agriculture & Natural Resources.  The bill would prohibit tethering a dog between the hours of 10 p.m. to 6 a.m.  The bill would also ban the use of a choke collar or prong collar and tethers less than 10 feet in length or 1/8 of a dog’s body weight.  Senate Bill 1125 classifies the cruel restraint of a dog as both a criminal and civil offense and defines “cruel restraint” as tethering a dog for more than three hours in a 24-hour period and also prohibits the use of a choke collar or prong collar.  This bill proposes fines of up to $1,000 for violators.  SB 1125 currently sits in the Senate Committee on Economic Growth awaiting further action.

Pennsylvania.  Senate Bill 1435 provides a list of requirements in order for a person to tether a dog outside between the hours of 10 p.m. and 6 a.m.  Tethers must be a minimum of six feet long or at least five times the length of the dog as measured from the tip of its nose to the base of its tail.  The bill also prohibits tethering under certain temperature conditions as well as time restraints.  PIJAC is tracking this bill as it awaits consideration by the Senate Committee on Agriculture & Rural Affairs.

PET INSURANCE

California.   PIJAC is monitoring Assembly Bill 2411, which would regulate pet insurers, has passed the Assembly and is currently on its 3^rd Reading in the Senate.  The bill would require pet insurers to reasonably disclose related information to consumers as well as provide basis for claim payments of insurance policies on the insurer’s internet website.  

PET STORE/DEALER

New Jersey.  Assembly Bill 1850 would increase penalties for pet shop owners found to be in violation of certain pet shop laws and regulations, from the existing range of $5 to $50, to a new range of $100 to $1,000 for each offense.  This bill currently sits in the Assembly Committee on Agriculture & Natural Resources awaiting further consideration.  Read PIJAC’s PetAlert for more details on this legislation.

Texas.  REMINDER – UPCOMING PUBLIC HEARING:  On the heels of efforts in San Francisco, CA and Austin, TX to eliminate the sale of pets from pet stores comes a proposal in El Paso, TX which could eventually do the same.  In promoting a new pet ban for the City of El Paso, Mayor John Cook was quoted as saying pet stores should sell only supplies, not pet animals.  The Council formally introduced the proposal on July 26^th and has scheduled a public hearing on this issue for August 10^th.  Read PIJAC’s PetAlert for more details on this issue and for information on how to contact the El Paso, TX City Council to voice opposition.  To read the Pet Product News article on PIJAC’s work on this proposal click here.  A Small Mammal Channel article is available by clicking here.

REPTILE

Federal.   REMINDER – COMMENT DEADLINE EXPIRED:  The deadline to submit comments regarding the U.S. Fish & Wildlife Service’s proposal to list nine species of large constrictors as 'injurious wildlife' under the Lacey Act was August 2nd.   Continue to monitor the PIJAC website's Breaking News Page and PIJAC's Large Constrictor Blog for the latest news on this issue.

New Mexico.  New Mexico’s Department of Game and Fish published its updated “Species Importation List” (dated August 3, 2010).  People importing reptiles need to review the lists carefully to determine which import permits may be required. The lists also need to be reviewed because PIJAC believes that additional reptile species need to be exempted from any permit requirements.  

Please see also INVASIVE/NON-NATIVE SPECIES.

SMALL MAMMAL 

El Paso. For the Small Mammal Channel article on PIJAC’s work to address the sale of pets in El Paso pet stores, please clicking here.  Also see the Texas news entry under PET STORE/DEALER.

New Mexico.  New Mexico’s Department of Game and Fish published its updated “Species Importation List” (dated August 3, 2010).  People importing small mammals need to review the lists carefully to determine which import permits may be required. The lists also need to be reviewed because PIJAC believes that additional small mammal species need to be exempted from any permit requirements.  

Please see also INVASIVE/NON-NATIVE SPECIES.

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2010 LEGISLATIVE/REGULATORY SESSION OVERVIEW

Since the beginning of the 2010 session, PIJAC has screened over 7,000 pet industry-related bills, regulation proposals and ordinances, more than 600 of which we are closely tracking.  Even though the 2009-2010 legislative session is beginning to wind down, 8 States, the District of Columbia and the U.S. Congress are still in session.  Take a look at the 2010 Legislative Session Calendar to see if your state is still in session. 

JOIN PIJAC AND BECOME EVEN BETTER INFORMED

PIJAC membership is open to all segments of the pet industry, as well as individual pet enthusiasts. Pet-related businesses, please visit the PIJAC website for membership information: www.pijac.org or contact Ms. Nancy Knutson, Director of Member Services: members@pijac.org.  Individual pet enthusiasts, please join through our “Don’t Mess with My Pet^TM” campaign: www.dontmesswithmypet.com.  You can stay even better informed about our activities and accomplishments by following us on Facebook and Twitter at: PIJAC4pets.

Please note that the PIJAC E-News is currently available for distribution to all interested parties. At a later date, PIJAC may limit the distribution of the E-News to Members only. In order to ensure that you continue to receive the PIJAC E-News, please become a PIJAC Member today.

PIJAC E-NEWS REPRODUCTION/TRANSMISSION

The PIJAC E-News is covered by PIJAC copyright. At this time, we grant permission for further transmission of the newsletter to interested parties or reproduction in part provided that: 1) the PIJAC copyright is referenced, 2) full attribution is given to PIJAC, and 3) the wording is conveyed in exactly the manner that it was provided by PIJAC.  PIJAC reserves the right to change its reproduction/transmission policy at any time.

CONTACT US

If you need more information on government affairs issues, please contact Mr. Michael Maddox, Vice President of Government Affairs and General Counsel at: michael@pijac.org.

For all other matters, please contact Dr. Jamie K. Reaser, Vice President of Environmental Policy and Communications at: jamie@pijac.org.

THE PET INDUSTRY JOINT ADVISORY COUNCIL (PIJAC) 1140 19^th Street, NW, Ste 300, Washington, DC 20036

Tel:  (202) 452-1525 / (800) 553-PETS, info@pijac.org

        © PIJAC, 2010