What s New in Litigation and Legislation. Sara Amundson, Executive Director Humane Society Legislative Fund

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1 What s New in Litigation and Legislation Sara Amundson, Executive Director Humane Society Legislative Fund

2 Federal Legislation

3 Humane Cosmetics Act This bill would make it unlawful for anyone to conduct or commission cosmetic animal testing in the U.S. and prohibit selling, offering for sale or transporting any cosmetics in interstate commerce if the final product or any component was developed or manufactured using animal testing. This bill currently has 162 cosponsors in the House. Prime Sponsors: Martha McSally (AZ-2), Don Beyer (VA-8), Joe Heck (NV-3), Tony Cardenas (CA-29).

4 Pet and Women Safety Act (PAWS) This bill would amend the Violence Against Women Act to include protections for pets, and provide grants to domestic violence shelters to accommodate pets, so that abused women aren t forced to choose between their safety and pets. This bill currently has 209 cosponsors in the House and 32 cosponsors in the Senate. Prime Sponsors: Ileana Ros-Lehtinen (FL-27), Katherine Clark (MA- 5); Gary Peters (MI), Kelly Ayotte (NH).

5 Prevent Animal Cruelty and Torture (PACT) Act This bill would strengthen the Animal Crush Video Prohibition Act of 2010 by prohibiting the underlying acts of extreme animal abuse when committed in interstate or on federal property. This bill currently has 244 cosponsors in the House and 36 cosponsors in the Senate. Prime Sponsors: Ted Deutch (FL-21), Earl Blumenauer (OR-3), Tom Marino (PA-10), Lamar Smith (TX-21); Richard Blumenthal (CT), Pat Toomey (PA).

6 Animal Welfare in Agricultural Research This bill will close the loophole in the Animal Welfare Act that exempts animals used in agricultural experiments at federally-run facilities from the Act s protections, preventing abuses like those documented by the New York Times at the U.S. Meat Animal Research Center in Nebraska. This bill currently has 97 cosponsors in the House and 11 cosponsors in the Senate. Prime Sponsors: Vern Buchanan (FL-16), Louise Slaughter (NY-25), Earl Blumenauer (OR-3), Michael Fitzpatrick (PA- 8); Richard Blumenthal (CT), Cory Booker (NJ). Endeavors (AWARE)

7 Prevent All Soring Tactics (PAST) Act To strengthen the federal law prohibiting the criminal soring of Tennessee Walking Horses applying chemicals and other painful substances to horses hooves and legs to force an artificially high-stepping gait in show competitions. This bill currently has 266 cosponsors in the House and 50 cosponsors in the Senate. Prime Sponsors: David Jolly (FL-13), Ted Yoho (FL-3), Janice Schakowsky (IL-9), Kurt Schrader (OR-5), Michael Fitzpatrick (PA-8), Steve Cohen (TN-9); Kelly Ayotte (NH), Mark Warner (VA).

8 Safeguard American Food Exports (SAFE) Act To protect American horses and the public by prohibiting the transport and export of U.S. horses to slaughter for human consumption. American horses are not raised for food and are routinely given hundreds of drugs over their lifetimes that can be toxic to humans if ingested. This bill currently has 198 cosponsors in the House and 31 cosponsors in the Senate. Prime Sponsors: Vern Buchanan (FL-16), Janice Schakowsky (IL-9), Frank Guinta (NH-1), Michelle Lujan Grisham (NM-1); Susan Collins (ME), Barbara Mikulski (MD), Robert Menendez (NJ), Lindsey Graham (SC).

9 Frank R. Lautenberg Chemical Safety for the 21 st Century Act This act amended the Toxic Substances Control Act to improve the science behind animal testing, encourage better safety decisions to protect the environment and human health, and reduce (if not eliminate) the use of animal testing. It was signed into law on June 22, Prime Sponsors: John Shimkus (IL-15); David Vitter (LA), Tom Udall (NM).

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11 This is the beginning of a new day for testing chemicals for safety These new technologies allow us to screen more chemicals in less time, use fewer animals and reduce costs for everyone Jim Jones, Asst. Administrator, EPA The FDA is working to eventually replace animal testing with a combination of in silico and in vitro approaches Policy-makers, industry leaders, and the scientific community have the opportunity and the power to answer this call to action. It cannot wait any longer Dr. Margaret Hamburg, fmr. Commissioner

12 Regulatory Successes under the Obama Administration

13 Puppy Mills closing a loophole in the Animal Welfare Act Regulations to require that dealers who sell puppies and other warm blooded animals as pets sight unseen, including over the Internet, be regulated. The USDA also issued a final rule on August 15, 2014 prohibiting the import of puppies into the U.S. for resale. Animal Fighting The U.S. Postal Service issued a final rule on December 15, 2009 to revise mailing standards in order to harmonize them with animal fighting provisions of the AWA. This rule bars shipment of publications that cater to animal fighters, and has resulted in the shutdown of two of the three major national cockfighting magazines. Animal Travel The U.S. Department of Transportation (DOT) issued a final rule on July 2, 2014 that expands the DOT s current requirement that air carriers report incidents involving the loss, injury or death of an animal during air transport to the Agency. Service Animals The DOJ issued a final rule on September 15, 2010 prohibiting wild animals from being used as service animals under the Americans with Disabilities Act. Pet Food The U.S. Food and Drug Administration (FDA) issued a final rule on September 10, 2015 that requires strict new standards and good manufacturing practices for companies that make pet food. Downer Cattle and Calves PresiUSDA finalized a rule to close this loophole. The rule requires all non-ambulatory disabled calves be promptly and humanely euthanized, and makes clear that the humane handling regulations apply to all animals as soon as they arrive at slaughter facilities.

14 Wildlife Trafficking: Executive Order On July 1, 2013, the President issued an Executive Order (EO) to enhance coordination of the U.S. government s efforts to combat wildlife trafficking. Ivory The FWS issued a final rule on June 6, 2016 that will curtail the commercial ivory trade in the U.S. with limited exceptions on interstate sales. Enforcement The FWS stepped up its efforts to crack down on illegal wildlife trafficking and has conducted an operation to stop illegal wildlife trade over the Internet, called Operation Cyberwild, announced on January 6, Trophies In both 2014 and 2015, the FWS suspended imports of sport-hunted African elephant trophies taken in Tanzania and Zimbabwe. African Lions The FWS released a final rule on December 23, 2015 listing the western and central African lion populations as endangered and the eastern and southern African lion populations as threatened, providing the necessary protections to this periling species. In addition, the final rule creates tougher standards for imports of lion trophies. Big Cats The FWS issued a final rule on April 6, 2016 withdrawing the Captive-bred Wildlife regulation exemption for generic tigers (mixed lineage

15 Chimpanzees On June 16, 2015, in response to a 2010 legal petition by The HSUS, the U.S. Fish and Wildlife Service (FWS) issued a final rule that eliminated the split listing of chimpanzees and now all chimpanzees whether captive or wild are listed as endangered under the Endangered Species Act (ESA). On August 11, 2016, NIH announced its plan for the retirement of all NIHowned and supported chimpanzees to Chimp Haven. Snakes The FWS issued a final rule on January 23, 2012 to list four species of large constrictor snakes as injurious under the Lacy Act the Burmese python, Northern African python, Southern African python, and yellow anaconda. On March 10, 2015, FWS published a final rule to list all of the remaining five species as injurious except for the boa constrictor. Shark Finning- NMFS finalized a rule on June 29, 2016 that would implement the Shark Conservation Act of 2010 (SCA). e tigers) to strengthen oversight and treat them the same as purebred tigers under the ESA. Horse Transport The USDA issued a final rule on September 7, 2011 to tighten the ban on the use of double-deck trailers to transport American horses to slaughter Alaska Hunting Regulations The National Park Service issued a final rule on October 23, 2015 that will amend regulations that affect sport hunting and trapping on Alaskan national preserves.

16 Thank You!