Veterinary Jurisprudence

Front 1

Dangerous Animals Act

Back 1

"Dangerous animal" means a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguar undi, bear, hyena, wolf or coyote, or any poisonous or life-threatening reptile."

"Owner" means any person who (a)has a right of property in a a dangerous animal, (b) keeps or habors a dangerous animal,(c) has a dangerous animal in his care, or (d) acts as custodian of a dangerous animal.

Prohibition on owning "dangerous animal"

Under Animal Welfare Act --> licensees cannot sell animals prohibited by Dangerous Animals Act

Criminal penalties apply

Front 2

Spread of Contagious Animal Diseases

Back 2

A. Common law
-owners of domestic animals are liable if (a) they know of disease (b) they should have known (c) they are negligent in letting animals transmit the disease
-Rememdy: sue for damages. Prove (a) defendant's ownership (b) knowledge of the animal's condition (c) negligence in letting the disease spread (d) damages

B. Statute --> Illinois Diseased Animals Act
-Imposes civil liability on owners (and persons having charge of animals) with knowledge of contamination or contagious or infectious disease for damage caused by their diseased animals

Front 3

Sale of Diseased Animals

Back 3

-seller may be liable under several possible theories
1) Negligence - tort law concept
2) Fraud - concealing the disease
3) Violation of statue or rule
-Illinois Diseased Animals Act
-Prohibits violation of quarantine, or sale or tansport of diseased animal
-Imposes criminal penalty for vviolation of Act or rule
4) Warranty
-Express
-Implied
-Fitness for a particular purpose

Vet's role: pre-purchase exams

Front 4

Animal Disease Control Statutes

Back 4

Statutes usually don't preclude civil suit at common law

Federal and state laws
1)Commerce Clause of the US constitution - to halt the spread of disease between states
2)State police power to protect public health and welfare
-Provide for inspection, quarantine, vaccination
-give responsibilities to farmers, ranchers and others, including vets
-authorize cooperative regulatory scheme by state and federal governments

Front 5

Federal Animal Disease Control Statutes

Back 5

A. Purpose:to prevent introduction and dissemination of communicable animal diseases into the US
-Veterinary Services of Animal and Plant Health Inspection Service (APHIS) of US Department of Agriculture (USDA) regulates interstate movement of animals and animal products
-The Department of Homeland Security now carries out agricultural import and entry inspection activities under some federal laws
-The Food Safety and Inspection Service (FSIS), USDA, focuses safety of meat, poultry, and egg products
-Federal laws and regulations govern --> import of animals, meat, other animal products and by-products, export of horses, cattle, sheep, swine, goats, interstate movement of diseased animals, interstate movement of animals to prevent spread of diseases (specific) payment of indemnities for animals destroyed b/c of certain diseases, accredation of vets

Front 6

Interstate movement

Back 6

-Interstate shipment requires a health certificate signed by a licensed vet
-Regulations provide specific rules by disease
-No movement of diseased animals is allowed, except:
1)to research or diagnostic facility
2)for immediate slaughter
3)some diseases are expected (ringworm)
-Secretary may designate a quarantine area and prohibit movement of diseased animals out of the area
-Federal government may prescribe
1) standards of sanitation for equipment and premises
2)procedures to be followed if diseased or exposed animals are being carried
3) rules for confinement and quarantine when animals are unloaded

Front 7

Federal Indemnities (movement of animals)

Back 7

-US Government will pay for animals if
1) Animals are destroyed under federal/state cooperative program
2) Animals are seized and destroyed by USDA alone
3) Certain imported animals are exposed but not infected

-Requirements
1) Appraisal
2) Actual destruction of animals
3) No violation of quarantine laws

-Indemnity programs often involve federal and state cooperation

Front 8

Animal Health Protection Act

Back 8

-Enacted as part of the 2002 Farm Bill
-Intended to protect US from livestock pests or diseases
-Authorizes
1) restrictions on import, export, and interstate movement of animals, articles, and means of conveyance (Department of Homeland Security carries out import activities)
2) seizure, quarantine, and disposal of animals, articles, and means of conveyance (Article = a pest, disease, or object that could harbor pest or disease)
-Criminal and civil penalties follow violation of law, including misuse of certificates and permits

Front 9

Federal Food, Drug, and Cosmetic Act

Commerce clause authority

Back 9

Prohibits adulteration (poison, harmful, dirty) and misbranding (false/misleading)

Front 10

What do federal laws regulate regarding food and drug?

Back 10

Meat inspection
Live animal inspection (preslaughter)
Inspection of ag products
Sanitary inspection
Inspection of animals for export (and meat)
Transportation of diseased animals
Prevention of contagion
Milk
Suspension of imports

Front 11

What do state laws regulate regarding food and drug?

Back 11

Prohibit adulteration/misbranding
Authorize state inspections

NEW) Horse slaughter

Front 12

State Commercial Feed Laws

Back 12

Regulate production and sale of commercial animal feeds: all except whole hay, straw, grains, seeds, cobs, etc.
Require labeling as to composition and weight
Model act:
-Registration: apply to state, submit required info, ay fees
-Labels require: weight or volume, product name and brand name, guaranteed analysis, usual or common name of each ingredient, name of manufacture/distributor, directions, precautions

Front 13

Products Liability

Back 13

Generally: Basis for civil liability for personal injury and property damage caused by defective products that enter the normal stream of commerce
-Liability? any enterprise that participates in putting the product into the stream of commerce, including vet
-vets play role: ex) defendant of expert witness

Front 14

Veternarians and food and drug liability

Back 14

-As retailer of drugs, veterinarian may be defendant in products liability suit, but could seek indemnification from the drug manufacturer
-actions that lead to liability: poor storage, contamination, failure to follow or give owner proper instructions, wrong dosage, failure to test for allergic rxn

Front 15

Legal Bases for Products Liability

Back 15

1) Negligence: tort principles, focus - behavior
2) Breach of Warranty: contract principles, focus - agreement