PIJAC Perspectives

Another Year --- Another Law!

By Marshall Meyers
Executive VP, PIJAC

Marshall Meyers

Many legislatures, federal and state, were in recess for much of the summer, and the majority of state legislatures have adjourned for 2007. Since most of the states just completed the first year of a two year session, most of the bills that were not disposed of will carry over into 2008.

Key issues facing our industry include:

Centers for Disease Control proposal to increase regulation of imported dogs, cats, ferrets and non-native wildlife.
USDA's preparation to implement new "principles of identification and traceability of live animals" and draft guidelines on "dog population control" as part of its compliance with the WTO rules. This will also include updates for the OIE "Guidelines for the Control of Aquatic Animal Health Hazards in Aquatic Animal Feeds." APHIS will also seek input on standards for assessing aquatic plants to determine their invasiveness.
California proposal for establishing compulsory spay/neuter for all dogs and cats was formally held over for the 2008 session when it became clear to the sponsor that it would not get out of committee. The bill included very limited exemptions, and had been amended in response to objections raised by opponents (including PIJAC). In the interim, they are trying to get several local communities to adopt mandatory spay/neuter ordinances at the county/city level.
California's comprehensive pet store facility act is sitting on the Governor's desk awaiting signature. This bill represents a proactive initiative by a PIJAC led industry coalition to establish standards for operating a pet store
Massachusetts legislators are considering 6 bills of interest to our industry: pet store inspection, regulating groomers, banning unweaned birds, mandatory spay/neuter, and puppy warranties. Due to increasing level of animal rights activity in New England, PIJAC, with the support of several members, a retained a lobbying firm in Boston to work with PIJAC.
Florida will consider in 2008 legislation to remove an existing bar against local government enactment of breed-specific bans. Existing law grants a broad authorization for localities to adopt restrictions on dogs, so long as it is an expansion of those imposed at the state level. However, the one limitation on that general grant of legislative authority is that ordinances may not restrict based on breed.
Connecticut is considering a bill that would effectively require pet stores to record identifying information on every person walking into a store and to post warning signs warning customers about the risk of rabies in pet store animals. The rulemaking broadly applies to any commercial setting in which the public may come into contact with animals. PIJAC urged that pet stores should be exempt from the rule. Indications are that, as a result of the hearing, amendments may be forthcoming.
District of Columbia's Animal Rights Bill has drawn opposition from across the country. Following a lengthy hearing, the sponsor indicated that an amended draft of the bill would be prepared. Joined by a number of other witnesses in testifying against that measure, PIJAC addressed the pet guardianship provisions, non-economic damages, breeding restrictions, granting of police powers to private citizens, breed-specific restrictions and legalization of ferrets in a joint committee meeting. While the committee voiced support for various of the bill's provisions in concept, it was nevertheless clear that members had concerns about numerous provisions (including those raised by PIJAC).
New York is considering a new pet store regulation that would mandate provision of "hand cleansing facilities" proximate to the location of animals with which the public may come into contact. Although specifically applying to petting zoos, the measure also encompasses other public establishments in which animals are accessible to patrons.
North Carolina held over until 2008 a bill calling for persons selling animals at a "specialty market" (or flea market) are subject to the same standards applicable to pet stores in the care and treatment of animals, although they are not required to obtain a pet store license. The bill passed the Senate Committee on Agriculture, Environment and Natural Resources with a substitute and was then sent to the Senate Finance Committee. The Senate Judiciary Committee will consider a bill requiring publication of a list of "inherently dangerous animals" including all venomous reptiles not native to the state, and prohibits the "import, possession, purchase, breed[ing]"or sale of any listed animal "including transactions conducted via the Internet."
Ohio is scheduled to act on a new licensing/warranty law which will include pet owners having an insurance policy of as much as $50,000 to care for dogs that may be "seized or otherwise impounded" by the state, and extensive application procedures. The bill also would establish a statutory warranty for the retail sale of dogs.
Texas, Florida, and Iowa passed legislation regulating large constrictor snakes and venomous reptiles by implementing a PIJAC recommended permit system.

These are but a small sample of the myriad of measures PIJAC deals with on your behalf on a day in and day out basis. In addition to PIJAC submitting written testimony, PIJAC's staff participated in numerous hearings and meetings in California, Illinois, Texas, New York, Connecticut, Massachusetts, New Jersey and Pennsylvania. At the end of this year's legislative session, PIJAC is tracking 446 bills we have classified as "Hot." Dog and cat issues involve almost 50% of the issues with invasive species becoming a strong contender for first place.