Health

Summary: This chapter allows the cremated remains of a deceased law enforcement or military animal of a deceased owner to be scattered, placed, or interred in a manner described in this subsection before, after, or in conjunction with the interment of the remains of the deceased owner. The deceased animal's cremated remains may be scattered or placed on top of the deceased owner's burial plot or interred on top of the deceased owner's burial plot as long as the interment of the deceased animal's cremated remains does not encroach on a neighboring burial plot, involve disinterment of the owner, or involve digging greater than one foot of depth. The person owning the deceased animal must consent in writing and give this consent to the cemetery owner. If the deceased owner does not own the animal at the time of the deceased animal's death, the deceased owner may provide written notice in his or her last will, in a written designation to the cemetery, or in a funeral planning declaration.

Summary: These laws from 2018 allow food establishments in D.C. to permit dogs in outdoor dining areas of food establishments or unenclosed sidewalk cafés. These establishments must post signage outside that states dogs are permitted along with any restrictions on dogs based on size or temperament. They must also provide an entrance that does not require dogs to enter an indoor dining area or an area in which food is being stored or prepared to access the outdoor dining area and provide patrons with waste bags and a means of proper disposal. Patrons must keep their dog in a carrier or on a leash at all times and never leave the dogs unattended.

Summary: This Maryland law provides that certain individuals including veterinarians, licensed medical providers, first responders, volunteer fire fighters, and designated local government employees who are responding to a call in the community are not civilly liable for any act or omission in giving any veterinary aid, care, or assistance to an animal where the owner or custodian of the animal is not available to grant permission. Certain requirements must be met per subsection (b) for immunity from civil liability.

Summary: This law concerns emergency medical service providers. An emergency medical service provider may provide preveterinary emergency care to dogs and cats to the extent the provider has received commensurate training and is authorized by the employer to provide the care. Requirements governing the circumstances under which emergency medical service providers may provide preveterinary emergency care to dogs and cats may be specified in the employer's policies governing the provision of care. “Preveterinary emergency care” means the immediate medical stabilization of a dog or cat by an emergency medical service provider, in an emergency to which the emergency medical service provider is responding, through means including oxygen, fluids, medications, or bandaging, with the intent of enabling the dog or cat to be treated by a veterinarian. “Preveterinary emergency care” does not include care provided in response to an emergency call made solely for the purpose of tending to an injured dog or cat, unless a person's life could be in danger attempting to save the life of a dog or cat.

Summary: This paper addresses the catastrophic epidemic that is elephants infected with Tuberculosis, and the crisis that surrounds every diagnosis. Lack of Federal law and patchwork state laws makes it difficult, if not impossible, to control this pandemic. Moreover, inadequate testing for Tuberculosis in elephants is a safety hazard for elephants and humans. The lack of legal oversight and the absence of care by the agencies meant to protect elephants used for exhibition purposes is not only an animal welfare issue, but is a dire public safety concern.

Summary: This paper addresses the catastrophic epidemic that is elephants infected with Tuberculosis, and the crisis that surrounds every diagnosis. Lack of Federal law and patchwork state laws makes it difficult, if not impossible, to control this pandemic. Moreover, inadequate testing for Tuberculosis in elephants is a safety hazard for elephants and humans. The lack of legal oversight and the absence of care by the agencies meant to protect elephants used for exhibition purposes is not only an animal welfare issue, but is a dire public safety concern.

Summary: Petitioner Recchia sued the City of Los Angeles and animal control officers for violations of the Fourth and Fourteenth Amendment and claims for state law tort violations. The claims arise from the 2011 warrantless seizure of Recchia's 20 birds (18 pigeons, one crow, and one seagull) kept in boxes and cages on the sidewalk where he lived (Recchia was homeless at the time). Animal control officers investigated Recchia after a complaint that a homeless man had birds at his campsite. Officers found cramped and dirty cages with several birds in "dire physical condition," although there is evidence the birds were in that condition before Recchia possessed them. After officers impounded the birds, a city veterinarian decided that all the pigeons needed to be euthanized due to concerns of pathogen transmission. Recchia discovered that the birds had been euthanized at his post-seizure hearing that was four days after impounded of the animals. At that hearing, the magistrate found the seizure was justified under the operative anti-neglect law (California Penal Code § 597.1(a)(1)). This § 1983 and state claim action followed. The district court adopted the magistrate judge's report and granted summary judgment for the defendants. On appeal, this court first examined whether the seizure of the healthy-looking birds was justified. The court held that hold that there was a genuine factual dispute about whether the healthy-looking birds posed any meaningful risk to other birds or humans at the time they were seized (it affirmed the dismissal as to the seizure of the birds that outwardly appeared sick/diseased). With regard to seizure of the birds without a pre-seizure hearing, the court applied the Matthews test to determine whether Recchia's rights were violated. Looking at the statute under which the birds were seized (Section 597.1), the court found that the law does afford adequate due process for Fourteenth Amendment purposes. As to other claims, the court granted Recchia permission to amend his complaint to challenge the city policy of not requiring a blood test before euthanizing the birds. The court also agreed with the lower court that the officers had discretionary immunity to state tort law claims of in seizing the animals. The district court's summary judgment was affirmed on Fourteenth Amendment and state tort claims against the officers, but vacated summary judgment on the Fourth Amendment claims against the animal control officers and constitutional claims against the city.

Summary: This chapter relates to importation of dogs into California for sale purposes. A person seeking to bring a dog into this state or importing dogs into this state for the purpose of resale or change of ownership shall obtain a health certificate for that dog, completed by a licensed veterinarian and is dated within 10 days prior to the date on which the dog is brought into the state. However, this chapter does not apply to a person who brings a dog into the state that will not be offered for resale or if the ownership of the dog is not expected to change or to dogs used military or law enforcement work. A person who violates a provision of this chapter is guilty of an infraction, punishable by a fine not to exceed $250 for each dog for which a violation has occurred.

Summary: This law declared animal and plant health of national interest. Ley 27233 established that the all persons including legal persons that are participants in the agro-food chain (production, obtention, transportation and industrialization of products, by-products, and derivatives of silvo-agricultural and fishing origin), have the responsibility to watch and respond to the health, innocuousness, hygiene, and quality of agricultural production, in accordance with the current regulations. Article 2 declared of public order the national regulations by which the development of actions aim for the preservation of animal health, plant protection, and the hygienic-sanitary condition of food of agricultural origin. This responsibility extends to those who produce, divide, conserve, deposit, concentrate, transport, commercialize, sell, import or export animals, vegetables, food, raw materials, food additives, reproductive material, animal feed and raw materials, fishery products and other products of animal and/or vegetable origin that act individually, jointly or successively, in the agro-food chain.

Summary: Ley 23.899, 1990 creates the National Service of Animal Health, and establishes its purposes, responsibilities and organization. According to this law, The National Service of Animal Health executes governmental policy on animal health. The main purpose of NSAH is to prevent, control and eradicate animal diseases and animal diseases transmissible to humans, to exercise hygienic-sanitary control of all products of animal origin, taking into account the advances in health technology and the most modern procedures for its control and the control of the products destined to the diagnosis, prevention and treatment of animal diseases. This entity is formed by an executive structure; a board of directors and provincial or regional commissions. The National Service of Animal is an entity of public private law with National scope, that maintains its relations with the national government through the Undersecretariat of Agriculture, Livestock and Fishing of the Nation.