International legislation

From ANIMAL PEOPLE, September 2005:

National People’s Congress agriculture and rural affairs
committee vice chair Shu Huiguo on August 24 submitted a draft animal
welfare bill to the congress, which if approved would become the
first Chinese federal anti-cruelty legislation. The bill “refers to
the animals’ right to be free from hunger, misery, disease, and
fear,” explained the Xinhua News Agency. “The draft law also
stipulates that farmers should provide a proper environment for
animals to live and reproduce.”

Switzerland, Japan, and Tasmania state, Australia, are
all reportedly close to adopting new legislation governing various
aspects of raising and selling livestock and pets. In Canada,
however, where the national anti-cruelty law has not been updated in
109 years despite seven years of attempts, New Brunswick Senator
John Bryden warned in mid-August that he has enough support from
farmers, hunters, fishers, and animal researchers to block passage
of C-50, the current version of the proposed update. This caused
Conservative party justice critic Vic Toews to back away from
endorsing the bill, which is unlikely to pass without support from
all major parties.

New state legislation

From ANIMAL PEOPLE, September 2005:

The North Carolina legislature on August 17, 2005
incorporated into the state budget a set of standards for animal
shelters, to take effect on October 1, which will require that
euthanasia technicians be properly trained and forbid use of any
methods to kill animals other than lethal injection and carbon
monoxide. “The majority of counties in the Carolinas and in the
Charlotte region use gas to kill most animals, even though the
method is banned by at least two states,” wrote Michelle Crouch of
the Charlotte Observer. “Most use lethal injection to put down sick
and young animals, but say they can’t afford to use it every time.”
Earlier, North Carolina Governor Mike Easley signed a bill
requiring petting zoos to be licensed and inspected. The bill was
introduced after 108 children suffered e- coli infections after
visiting petting zoos at the North Carolina State Fair in 2004.
Illinois Governor Rod Blagojevich on August 12, 2005 vetoed
a bill which would have allowed fur trappers to use cable snares,
banned in the state for more than 50 years. Blagojevich on August
22 endorsed into law a bill establishing a fund for subsidized dog
and cat sterilization, supported by a surcharge of $3.00 on rabies
vaccinations. American SPCA senior director of legal training and
legislation Ledy VanKavage predicted that the surcharge would
“generate around $2.5 million a year.”

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No justice for horses in court or Congress

From ANIMAL PEOPLE, September 2005:

WASHINGTON D.C., FORT WORTH, RENO–U.S. District Judge
Terry Means on August 25 ruled that the Beltex and Dallas Crown horse
slaughterhouses in Fort Worth and Kaufman may continue killing horses
despite a 1949 Texas law against selling horsemeat for human
consumption. Beltex and Dallas Crown are the two oldest and largest
horse slaughterhouses in the U.S.
Means found that federal law permitting horse slaughter supersedes
the state law, which has apparently never been enforced.
While the verdict was pending, the Texas Department of
Criminal Justice sold 53 horses to Dallas Crown, despite a 2002
opinion by former state attorney general John Cornyn that such
transactions would be illegal.
Cornyn, now a Republican U.S. Senator, has not been visibly
involved in Congressional efforts to save wild horses from slaughter.
Under an amendment to the 1971 Wild and Free Ranging Horse
and Burro Protection Act slipped through Congress as a last-minute
rider to the November 2004 Consolidated Appropriations Act, the
Bureau of Land Management is now mandated to sell “without
limitation” any “excess” horse or burro who is more than 10 years of
age, or who has been offered for adoption three times without a
taker. “Excess” means any wild horse or burro who has been removed
from the range. The Bureau of Land Management has taken about 10,000
horses and burros from the range in nine western states in each of
the past three years, and plans to take 10,000 this year in 57
roundups.

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Most wanted poachers busted in India & Nepal

From ANIMAL PEOPLE, July/August 2005:

DELHI, KASARA–The two most notorious living poachers on the
Asian subcontinent were arrested on June 30 and July 20,
respectively, as result of separate investigations.
The Indian Central Bureau of Investigation apprehended Sansar
Chand, 47, after tracing him to his Delhi home by identifying his
newspaper reading habits: a native of Rajasthan, Chand read
Rajasthani papers in a neighborhood where few others did.
First arrested for poaching and wildlife trafficking at age
16, in 1974, when he was found in possession of 676 animal pelts
including those of tigers and leopards, Chand worked with at least
five close relatives. He was reportedly convicted 15 times without
serving any significant sentence, even after he was caught with
28,486 contraband pelts in 1988. Fifty-seven cases are pending
against him in nine Indian states, wrote London Independent Delhi
correspondent Justin Huggler.
Apprehending Chand became an Indian government priority after
he was linked to the annihilation of the tiger population at Sariska
National Park. The loss of tigers, confirmed in November 2004 after
months of suspicion, destroyed the tourism appeal of one of India’s
former top visitor attractions.

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PETA staffers face 62 felony cruelty counts in North Carolina

From ANIMAL PEOPLE, July/August 2005:

WINTON, N.C.–The scheduled first court appearance of PETA
staffers Adria Joy Hinkle and Andrew Benjamin Cook on multiple
cruelty charges was on July 19, 2005 postponed until August 16.
Hinkle, 27, and Cook, 24, are charged with a combined 62
counts of felony cruelty to animals and 16 counts of illegal disposal
of animal remains.
Police sources have indicated that other persons associated
with PETA may be charged as result of ongoing investigation.
The court date was delayed, reported Darren Freeman of the
Norfolk Virginian-Pilot, because the prosecution was “waiting for
lab results on chemicals found in a van the two suspects were using
when they were arrested, and the results to determine the cause of
death of one of the animals.”
Ahoskie, North Carolina police detective Jeremy Roberts told Freeman
that the van was registered to PETA.
Roberts announced the next day that the tests had confirmed
that the chemicals were ketamine and pentobarbital. Ketamine is
commonly used to immobilize animals before surgical procedures or
lethal injection. Pentobarbital is the standard drug used for lethal
injection. Both drugs are regulated by the federal Drug Enforcement
Agency, and in North Carolina may only be purchased and used by a
licensed veterinarian.

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Activist Court Calendar

From ANIMAL PEOPLE, June 2005:

The European Court of Justice on May 24 rejected a French
attempt to overturn a European Union requirement that animal testing
of cosmetics cease in the 25 member nations by 2009, along with
imports of animal-tested cosmetic products. The French government
argued unsuccessfully that the E.U. regulation would unjustly harm
the competitive position of French cosmetics manufacturers.

Australian Federal Court Judge James Allsop, of Sydney, on
May 27 dismissed an attempt by Humane Soceity International Australia
director Michael Kennedy to sue the Japanese whaling firm Kyodo
Senpaku Kaisha Ltd. for killing whales inside the Antarctic Whale
Sanctuary, declared by the Austral-ian government but not recognized
by Japan. Allsop accepted the argument of Australian attorney
general Philip Ruddock that it cannot enforce a territorial claim not
recognized by all parties to international agreements. Allsop
allowed HSI, the global arm of the Humane Society of the U.S., to
appeal to the full bench of the Federal Court.

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New Jersey SPCA to appeal verdict limiting autonomy

From ANIMAL PEOPLE, June 2005:

TRENTON–New Jersey SPCA spokesperson Matt Stanton has
indicated that the NJ/SPCA will appeal to the state Supreme Court an
April 14, 2005 ruling by the New Jersey Court of Appeals that
significantly erodes NJ/SPCA authority.
Although the NJ/SPCA was created by state law in 1868 as an
autonomous police force, able to pursue animal abuse cases without
county oversight, the justices held that it lost that autonomy under
the Criminal Justice Act of 1970, which consolidated all police
activities under the authority of the state attorney general and
county prosecutors.
“The ruling leaves the NJ/SPCA as the lead agency in
investigating animal abuse,” wrote Brian T. Murray of the Newark
Star-Ledger, “but it gives each county prosecutor the authority to
oversee and guide procedures and policies. “
As of May 2001, the New Jersey SPCA had 18 chartered
chapters, at least on paper, each with constabulary law enforcement
authority. A review of alleged abuses conducted by the New Jersey
State Commission of Investigation found, however, that “The SPCAs
at both the statewide and county level have been subverted to the
point where in many instances they are incapable of fulfilling their
primary statutory mission–the effective and reliable enforcement of
animal cruelty laws.

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2005 spring session state legislative achievements

From ANIMAL PEOPLE, June 2005:

Georgia Governor Sonny Purdue on May 10, 2005 signed into
law an income tax return checkoff to help fund the state Dog & Cat
Sterilization Program. The program has been supported entirely by
the sale of commemorative license plates and unsolicited donations.

The Illinois legislature on June 2, 2005 sent to Governor
Rod Blagojevich a revised state Public Health & Safety Animal
Population Control Act. The act, HB 315, expands the funding
sources of the Illinois Pet Population Control Fund from a
commemorative license plate program to include also an income tax
return checkoff, voluntary donations, public safety fines,
forfeited sterilization deposits, and a licensing differential for
intact animals. The act also updates fines and licensing procedures,
requires shelters to offer “adoptable” animals for placement,
expands the definition of dangerous dog and streamlines dangerous dog
law enforcement, exempts feral cat caretakers from the legal
definition of an animal “owner,” and requires shelters to report
intake and killing statistics annually to the state Department of
Agriculture. “HB 669 was also passed. It would provide some
funding to wildlife rehabbers,” said American SPCA senior director
of legal training & legislation Ledy Van Kavage, for whom drafting
and lobbying HB 315 to passage has been a multi-year focal project.

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France, Scotland, Canada weigh new legislation

From ANIMAL PEOPLE, June 2005:

French Justice Minister Domin-ique Perben in early May 2005
recommended that the national civil code, drafted by Napoleon
Bonaparte in 1804, be updated to recognize animals as “living and
sentient beings,” Agence France-Presse reported. Animals have long
been protected from abuse under the French criminal code, but only
by extension of their property status.
The Scottish Executive on May 16 introduced a bill to
prohibit awarding live animals as prizes, and to raise the minimum
age for buying a pet from 12 to 16. “The bill also contains
provisions to help protect against diseases such as hoof-and-mouth,”
and “incorporates tough measures to combat animal cruelty,” wrote
Alan McEwen of The Scotsman.
Canadian Justice Minister Irwin Cotler in mid-May introduced
the fifth attempt, by a series of governments, to update the
federal anti-cruelty code. The new draft bill reportedly includes
broad exemptions for traditional hunting and fishing practices,
including seal-clubbing.

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