Full Title Name:  2023 Statutory Amendments Table

Alabama

Alaska

Arizona

A.R.S. § 32–2231

A.R.S. § 32-2240.02

A.R.S. § 32-2240.03

A. R. S. § 17-302.01

Veterinary laws:

Arizona veterinary practice laws experienced some additions and amendments in 2023. A new law (§ 32-2240.02) allowing certified rabies vaccinators who are not licensed veterinarians to administer the rabies vaccine in certain counties was enacted. The definition section related to what constitutes the practice of veterinary medicine (§ 32–2231) added an exemption for "acupuncturist who is treating an animal." Finally, a new law (§ 32-2240.03) was added that recognized a veterinarian can establish a veterinarian-client relationship through electronic means provided certain requirements are met. Essentially, this new section legitimized "telehealth" for veterinary services.

Wolves:

In 2023, a new section was added to the wildlife code. Under § 17-302.01, "Taking of wolves for protection of life or property," the text states: "Notwithstanding any other law, the commission may not prohibit any person from taking a wolf that is actively threatening or attacking a person, livestock or other domestic animal.

Arkansas

A.C.A. § 20-14-1002 - 1004

A.C.A. § 17-101-101

Assistance animals:

A new chapter on emotional support animals was enacted in 2023 (§ 20-14-1002 - 1004). It first establishes that a person or business that sells or provides a dog for use as an emotional support dog shall provide a written notice to the buyer or recipient of the dog that states the following:

(1) The dog does not have the special training required to qualify as a service animal;

(2) The dog is not entitled to the rights and privileges accorded by law to a service animal; and

(3) Misrepresenting an animal as a service animal may subject an individual to a civil penalty under § 20-14-310.

The laws also warn healthcare providers that they cannot provide documentation related to an emotional support animal unless several criteria are met. For example, the provider must list their credentials/licensing are stated in the documentation and must have established a client-provider relationship with the individual at least 30 days prior to providing the documentation requested regarding the individual's need for an emotional support dog. Violating the provisions of this chapter results in a civil penalty.

Pet sales:

The state's pet purchaser protection act had one section amended in 2023. In the law on application of laws and preemption, the following language was added that prohibits local government from passing ordinances restricting certain pet sales:

(b) A local government shall not pass an ordinance, resolution, or regulation that prohibits a retail pet store from:

(1) Acquiring an animal from a:

(A) Cattery;

(B) Kennel; or

(C) Dealer as defined in 7 U.S.C. § 2132, as it existed on January 1, 2023; or

(2) Selling an animal that is acquired from a cattery, kennel, or dealer as defined in 7 U.S.C. § 2132, as it existed on January 1, 2023, to a person.

(c) An ordinance, resolution, or regulation of a local government shall be rendered invalid if it is found to be in conflict with the language set out within this section.

Veterinary laws:

The state's veterinary practice laws were amended in 2023 throughout the chapter. In particular, a new law was added creating the "Rural Veterinary Student Scholarship Program." This scholarship is directed at those veterinarians who move their practices to underserved rural areas or seek specialized training to meet the needs of livestock producers and rural communities (§ 17-101-205).

California

West's Ann. Cal. Civ. Code § 1834.9.3

West's Ann. Cal. Health & Safety Code § 122191

West's Ann.Cal.Health & Safety Code § 122390 - § 122390.3

Animal testing:

A new law became effective in 2023 in the chapter on those keeping animals for testing purposes (§ 1834.9.3). Under the new section, testing facility is prohibited from conducting a canine or feline toxicological experiment in the state to achieve discovery, approval, maintenance of approval, notification, registration, or maintenance of a pesticide or chemical substance. Certain limited exceptions exist. Violation may create an action for a civil injunction in jurisdictions of a certain listed population size.

Pet sales:

A new section (§ 122191) in the Polanco-Lockyer Pet Breeder Warranty Act became effective in 2023. This new law first defines an “online pet retailer” as a person engaged in the business of selling dogs, cats, or rabbits, at retail, online through an internet website. An online pet retailer shall not offer, broker, make a referral for, or otherwise facilitate a loan or other financing option for the adoption or sale of a dog, cat, or rabbit. This excludes financing related to a service animal. 

Transportation:

A new chapter entitled the Safe Transportation of Dogs and Cats Act became effective in 2023 (§ 122390 et seq.). A “mobile or traveling housing facility” means a transporting vehicle, including, but not limited to, a car, truck, trailer, bus, or recreational vehicle used to transport animals. The conditions in a mobile or traveling housing facility for dogs and cats shall not endanger the health or well-being of an animal. 

Colorado

C. R. S. A. § 18-9-202

C. R. S. A. § 18-9-204

Cruelty laws:

A new subsection was added to Colorado's primary anti-cruelty law. This provision states:

(B) In addition to any other sentence imposed upon a person for a violation of any criminal law under this title 18, any person convicted of a second or subsequent conviction for any crime, the underlying factual basis of which has been found by the court to include cruelty to a service animal, certified police working dog, or police working horse pursuant to subsection (1.5)(c)(I) of this section or aggravated cruelty to a service animal, certified police working dog, or police working horse pursuant to subsection (1.5)(c)(II) of this section, is required to pay a mandatory minimum fine of two thousand dollars and is required to complete an anger management treatment program or any other appropriate treatment program.

In addition, the animal fighting law received a slight amendment. Previously, violation of § 18–9–204 constituted a class 4 felony with a mandatory fine of $5,000. In 2023, this section was amended such that it is now a class 5 felony and a fine of at least $1,000.

Connecticut

C. G. S. A. § 53-247

C. G. S. A. § 53a-28

C. G. S. A. § 53a-65

Possession ban:

In 2023, Connecticut amended two laws that created a possession ban on those convicted of cruelty to animals. In the law on sentencing, a subsection that includes a possession ban for those convicted of animal abuse under Section 53-247 was added. The new paragraph reads:

(g) In addition to any sentence imposed pursuant to section 53–247, as amended by this act, or section 2 of this act, at the time of a person's sentencing for any conviction under said sections, the court shall order that, for the five-year period commencing from the date of such conviction or the date of such person's release from imprisonment for such conviction, whichever is later, such person (1) shall not harbor, own, possess, reside with, adopt or serve as a foster placement for any animal, and (2) shall not be employed by, or volunteer for, any entity in any position that involves care for, or regular contact with, any animal.

§ 53a–28.

In addition, to Section 53-247, a paragraph was added to create a five-year possession ban on those convicted of animal cruelty:

(f) In addition to any sentence imposed pursuant to subsections (a) to (e), inclusive, of this section, at the time of a person's sentencing for a conviction under this section, the court shall order that, for the five-year period commencing from the date of such conviction or the date of such person's release from imprisonment for such conviction, whichever is later, such person (1) shall not harbor, own, possess, reside with, adopt or serve as a foster placement for any animal, and (2) shall not be employed by, or volunteer for, any entity in any position that involves care for, or regular contact with, any animal.

§ 53–247.

Sexual assault of an animal:

In § 53a–65, new definitions were added related to the sexual assault of an animal:

(14) “Animal” has the same meaning as provided in section 22–327.

(15) “Sexual contact with an animal” means: (A) Any act between a person and an animal that involves contact between a sex organ or anus of one and the mouth, anus or a sex organ of the other; (B) a person touching or fondling a sex organ or anus of an animal, either directly or through clothing, without a bona fide veterinary or animal husbandry purpose; (C) any intentional transfer or transmission of semen by a person upon any part of an animal; or (D) the insertion, however slight, of any part of a person's body or any object into the vaginal or anal opening of an animal, without a bona fide veterinary or animal husbandry purpose, or the insertion of any part of the animal's body into the vaginal or anal opening of the person.

Delaware

29 Del.C. § 327

16 Del.C. § 3009F

10 Del.C. § 1045

16 Del.C. § 9816

Dog laws:

In 2023, a new act designated rescue dogs as the official state dog (29 Del.C. § 327).

Delaware also revamped laws related to conditions and care of animals at animal shelters (16 Del.C. § 3001F - 3007F).

Domestic violence:

Delaware amended its law on protection orders in domestic violence situations to include protection of pets in 2023. Per subsection (a)(12), a court may "[g]rant the petitioner the exclusive care, custody, or control of any companion animal owned, possessed, leased, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent and order the respondent to stay away from the companion animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the companion animal."

Emergency transport:

Under a new law (16 Del.C. § 9816), a paramedic or other EMS provider may transport the police dog to a designated veterinary facility and provide emergency medical services to the police dog during transport to the facility, if the paramedic or EMS provider deem it necessary for the police dog's survival.  A paramedic or other EMS provider who in good faith attempts to render or facilitate emergency medical services to an injured police dog is not liable for civil damages which occur as a result of any act or omission by the paramedic or EMS provider in the rendering of the services; unless it is established that the paramedic or EMS provider caused injuries or death wilfully, wantonly, or recklessly or by gross negligence.

D.C.

DC ST § 22-1012.01

DC ST § 22-1012.02

DC ST § 22-1012.03

DC ST § 22-1012.04

Animal sexual assault:

In 2023, DC enacted a law creating the crimes of first degree and second degree sexual contact between a person and animal (§ 22-1012.01). First degree occurs when the person knowingly causes another person to engage in sexual contact with an animal by means of debt bondage or making an explicit or implicit coercive threat and that other person is (A) under 18 years of age; or (B) a vulnerable adult. A person commits second degree sexual contact between a person and animal when the person knowingly engages in a sexual contact with an animal. First degree sexual contact between a person and animal shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 2 years, or both. Second degree sexual contact between a person and animal shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 180 days, or both.

Additionally, a subsequent law in the chapter (§ 22-1012.02) created the crime of "creating or distributing an obscene image of an animal." A person commits first degree creating or distributing an obscene image of an animal when the person knowingly creates a photo, audio recording, video recording, or audiovisual recording that depicts a real person engaging in actual sexual contact with a real animal. Second degree involves the knowing distribution of such a recording or a reckless state of mind related to such distribution of materials.

Cat de-clawing:

A person commits unlawful cat declawing if that person knowingly performs, or causes to be performed, a partial or complete onychectomy, phalangectomy, or tendonectomy procedure (“declawing”), by any means, on a cat, except when necessary for a veterinary purpose. A person convicted of unlawful cat declawing shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 90 days, or both (§ 22-1012.03).

Possession ban after cruelty conviction:

Washington DC also enacted a law, in addition to any other penalties provided by law, forfeit the animal whose treatment was the basis of the conviction to the custody of the Washington Humane Society. A judge may also order that the convicted person not work in a capacity that involves contact with an animal such a commercial breeding facility, animal welfare society, or veterinary office among other listed facilities (§ 22-1012.04).

Florida

No major statutory changes

Georgia

Hawaii

No major statutory changes

Idaho

Illinois

510 ILCS 70/3.04

215 I.L.C.S. 5/143.10e

225 I.L.C.S. 605/3.3

225 ILCS 115/4.5

Cruelty laws:

In the state's anti-cruelty laws, a new subsection was added that added a penalty for violating a possession ban after an animal cruelty conviction. The new section states:

(e) A person who violates the prohibition against owning, possessing, harboring, having custody, or having control of animals is subject to immediate forfeiture of any animal illegally owned in violation of subsection (c). A person who owns, possesses, harbors, has custody, or has control of an animal in violation of an order issued under subsection (c) is also subject to the civil and criminal contempt power of the court and, if found guilty of criminal contempt, may be subject to imprisonment for not more than 90 days, a fine of not more than $2,500, or both (510 ILCS 70/3.04).

Home owner's insurance/breed bans:

This law (215 I.L.C.S. 5/143.10e) was amended in 2023 to prohibit homeowner insurance discrimination based on the breed of dog. The law states that, with respect to homeowner's insurance policies and renter's insurance policies issued, renewed, modified, altered, or amended on or after the effective date this act, no insurer shall refuse to issue or renew, cancel, charge or impose an increased premium or rate for a policy or contract, or exclude, limit, restrict, or reduce coverage under a policy or contract based solely upon harboring or owning any dog of a specific breed or mixture of breeds.

Pet sales:

Illinois' Animal Welfare Act (a chapter that regulates commercial pet dealers) added language to section 605/3.3, "Adoption of dogs and cats." The enacted text waives fees for veterans adopting animals from animal shelters:

(d) An animal shelter or animal control facility shall waive the adoption fee for a dog or cat if the person adopting the dog or cat:

(1) presents to the animal shelter or animal control facility a current and valid Illinois driver's license with the word “veteran” printed on its face, a current and valid Illinois Identification Card with the word “veteran” printed on its face, or an identification card issued under the federal Veterans Identification Card Act of 2015 and a valid Illinois driver's license or valid Illinois Identification Card; and

(2) complies with the adoption policies of the animal shelter or animal control facility.

(e) An animal shelter or animal control facility may limit the number of dogs or cats adopted from that animal shelter or animal control facility pursuant to this Section to one dog or cat each in a 2–year period.

Veterinary laws:

A new section was added that defines the practice of "telemedicine." Under the new law, "[t]elemedicine occurs when either the animal who is receiving the care is located in the State when receiving telemedicine treatment or the veterinarian providing the care to the animal is located in the State when providing telemedicine treatment, pursuant to the provisions of Section 5. Telemedicine may only be used when a veterinarian has an established veterinarian-client-patient relationship."

Indiana

I.C. 16-32-3-1.5

I.C. 16-32-3-1.7

Service animals:

The definition for "service animal" was changed in 2023 under Section 16-32-3-1.5. The previous definition defined as a service animal as an animal trained to do specific tasks like being a hearing animal, a guide animal, an assistance animal, a seizure alert animal, a mobility animal, a psychiatric service animal, or an autism service animal. After amendments in 2023, the new definition simplifies this by stating a service animal "refers to a dog or miniature horse individually trained to do work or perform tasks for the benefit of an individual with a disability."

A new law was added in 2023 related to miniature horses as service animals. This law states:

(a) A public accommodation shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability.

(b) In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, a public accommodation shall consider the following:

(1) The type, size, and weight of the miniature horse and whether the facility can accommodate these features.

(2) Whether the handler has sufficient control of the miniature horse.

(3) Whether the miniature horse is housebroken.

(4) Whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.

I.C. 16-32-3-1.7

Iowa

Pet sales:

Chapter 162 on the care of animals in commercial establishments received a slight amendment in 2023. The definition for "pet shop" was amended. Specifically, the previous definition excluded an establishment that received less than $500 from the sale or exchange of vertebrate animals and also one that sells or exchanges less than six animals during a twelve-month period. The changes to the law in 2023 increased those exemptions:

19. “Pet shop” means a facility where vertebrate animals, excluding fish, not born and reared on the facility's premises are bought, sold, exchanged, or offered for sale or exchange to the public, at retail. “Pet shop” does not include a facility if one of the following applies:

a. The facility receives less than one thousand dollars from the sale or exchange of vertebrate animals, excluding fish, during a twelve-month period.

b. The facility sells or exchanges less than twelve vertebrate animals, excluding fish, during a twelve-month period.

I. C. A. § 162.2

Kansas

Kentucky

Veterinary laws:

The state revamped its entire chapter on veterinarians. Several sections were repealed and reenacted under different sections. In addition, the state addressed the emergence of veterinary telemedicine (section 321.186) and mobile veterinary facilities.

Louisiana

Maine

Housing:

In 2023, the "Access to care for animals act" was enacted in Maine (14 M. R. S. A. § 6025-A). A landlord may also require, as a condition of tenancy, that the tenant allow the landlord to enter the rental unit in the case of an emergency when the welfare of the animal is at risk to determine whether the animal has been abandoned or is in need of care. If the landlord determines that a tenant with an animal has vacated the premises or is unable to care for the animal due to death or disability, the landlord may contact a person authorized by the tenant, a humane agent, an animal control officer or an animal shelter to pick up and care for the animal.

Maryland

MD Code, Real Property, § 14-801 - 806

Cruelty:

§ 3-322. Unnatural or perverted sexual practice - Repealed by Acts 2023, c. 796, § 1, eff. Oct. 1, 2023; Acts 2023, c. 797, § 1, eff. Oct. 1, 2023

Housing:

By October 1, 2023, the Department of Agriculture shall develop and publish on its website a fact sheet that provides information about how a person may care for and protect any pets in the event the person is evicted or loses possession of the person's property. When possession of real property is delivered to a landlord following an eviction or other described action, law enforcement or other official must immediately inspect the premises for any pet and provide that pet to the tenant. If the tenant is not present, that official must contact an animal shelter or animal rescue to take possession of the pet along with contact information of the former tenant.

Massachusetts

Michigan

Beagle freedom law:

Michigan became the fifteenth state to enact a "beagle freedom law." This law requires research facilities to offer laboratory animals (defined as dogs and cats) that are no longer needed for adoption prior to euthanization. Labs may enter into written agreements with animal protection shelters to carry out the purposes of the law.

Minnesota

M. S. A. § 504B.114

M.S.A. § 65A.303

De-clawing and devocalizing:

A new Minnesota law, effective January 1, 2024, prohibits a landlord who allows an animal from: (1) advertising the availability of a real property for occupancy in a manner designed to discourage application for occupancy of that real property because an applicant's animal has not been declawed or devocalized; (2) refusing to allow the occupancy of a real property, refusing to negotiate the occupancy of a real property, or otherwise making unavailable or deny to another person the occupancy of a real property because of that person's refusal to declaw or devocalize an animal; or (3) requiring a tenant or occupant of real property to declaw or devocalize an animal allowed on the premises (M. S. A. § 504B.114).

Estray animals:

In the "Estray" section of Chapter 346, the following law was repealed in 2023:

346.02. Finder to give notice; penalty

A person who finds an estray and knows who owns it shall notify the owner within seven days after finding the estray and request the owner to pay all reasonable charges and take such estray away. A finder who does not know who owns the estray shall within ten days file a notice with the town clerk. The clerk shall transmit a copy thereof to the county recorder, who shall record the same in a book designated "estray book." The finder shall give posted notice of the finding of the estray in said town. The notice shall briefly describe the estray, giving its marks, natural and artificial, as nearly as practicable, naming the residence of the finder, and specifying the town, section, and time when taken up. For failure to give such notice, the finder shall be liable to the owner of the estray in double the amount of damages sustained by the owner thereby.

Insurance:

Section 65A.303 was added in 2023 related to dog breeds and homeowner's insurance. The law, effective in April 2024, states that an insurer writing homeowner's insurance for property is prohibited from (1) refusing to issue or renew an insurance policy or contract, or (2) canceling an insurance policy or contract based solely on the fact that the homeowner harbors or owns one dog of a specific breed or mixture of breeds.

Mississippi

Missouri

V.A.M.S. 578.156

V. A. M. S. 340.200

Animal related crimes:

A new law was added to Missouri's laws on animals: "578.156. Interference with the transportation of livestock, offense of--penalties." A person commits the offense of interference with the transportation of livestock if the person knowingly does any of the following:

(1) Stops, hinders, impedes, boards, obstructs, or otherwise interferes with a motor vehicle transporting livestock regardless of whether the motor vehicle is moving;

(2) Provokes or disturbs livestock when the livestock is confined in a motor vehicle regardless of whether the motor vehicle is moving; or

(3) Puts or places a compound or substance on, near, or upon such livestock . . .

V.A.M.S. 578.156. Violation is a class E felony for a first offense and a class C felony for any second or subsequent offense.

Veterinary laws:

In the definitions section (V. A. M. S. 340.200) under the state's veterinary practice laws, the following definition was added:

(3) “Animal chiropractic”, the examination and treatment of an animal through vertebral subluxation complex or spinal, joint, or musculoskeletal manipulation by an animal chiropractic practitioner. The term “animal chiropractic” shall not be construed to require supervision by a licensed veterinarian to practice or to allow the diagnosing of an animal; the performing of surgery; the dispensing, prescribing, or administering of medications, drugs, or biologics; or the performance of any other type of veterinary medicine when performed by an individual licensed by the state board of chiropractic examiners . . .

Montana

MCA 70-24-114

MCA 70-33-110

MCA 87-5-301

MCA 37-18-801 - 807

Emotional support animals:

Montana enacted two new laws on emotional support animals. The first (MCA 70-24-114) was added to the Residential Landlord and Tenant Act of 1977. This new law establishes that a tenant with a disability or a disability-related need for an emotional support animal may request and be approved by a landlord to keep an emotional support animal as a reasonable accommodation in housing. The law then states that, subject to federal laws and rules, a landlord may deny such a request if the animal poses a direct threat to property or other people. Secondly, if the disability-related need is not readily apparent, a landlord may ask for supporting information/documentation establishing the need for an ESA. That information from a healthcare provider must prove that the provider and the client had a client-provider relationship within the last 30 days. Significantly, the law states:

(5) An emotional support animal registration of any kind, including but not limited to an identification card, patch, certificate, or similar registration obtained electronically or in person, is not, by itself, sufficient information to reliably establish that a tenant has a disability-related need for an emotional support animal.

MCA 70-24-114. Note that a similar law (MCA 70-33-110) was added to the Montana Residential Mobile Home Lot Rental Act.

Grizzly bears:

Montana's law on grizzly bear management was amended in 2023. These changes first emphasized that the state's policy is to "manage grizzly bear populations at levels necessary to maintain delisted status to include management of mortalities from all sources, including take by livestock owners or other authorized persons. . . " The statute also now includes language directing the wildlife commission to adopt rules that "allow a livestock owner or other authorized person to take a grizzly bear at any time without a permit or license from the department when a grizzly bear is attacking or killing livestock. A livestock owner or other authorized person may take all nonlethal steps the livestock owner or authorized person considers necessary to protect the livestock owner's property." These rules must be consistent with Montana policy, require a person who takes a grizzly bear to report the taking of the bear within 24 hours (previously, it was 12), and to establish a quota for the taking of bears. MCA 87-5-301.

Veterinary laws:

Several changes were made to the state's veterinary practice laws. A new Part 8 was enacted creating "Licensing—Veterinary Retail Facility—Veterinary Dispensing Technician." A "veterinary dispensing technician" means a nonpharmacist registered by the board of veterinary medicine to dispense veterinary prescription drugs in a veterinary retail facility. A “veterinary retail facility” means an establishment registered by the board of pharmacy employing a registered veterinary dispensing technician authorized to dispense veterinary prescription drugs pursuant to bona fide orders of licensed veterinarians. Standards for running a facility and penalties for violating the new provisions were also enacted. MCA 37-18-801 - 807.

Nebraska

Nevada

N. R. S. 574.095

N. R. S. 574.100

Disaster planning:

Under the chapter on emergency planning, the law on accommodating the needs of people with service animals and pets was amended in 2023 (574.095). The following provisions were added:

(b) To the extent practicable, designate at least one shelter to accommodate persons with pets; and

(c) To the extent practicable, include provisions for the evacuation, transport and shelter of persons with pets.

Dog tethering:

There were slight changes to the law on restraining dogs/dog tethering (574.100). The bulk of the changes were just to clarify existing provisions. For example, the "temporary" housing of a dog that exempts the dog from the law's requirements was clarified as "temporarily being for a period of less than 1 month." The exception for dogs being under the care and control of their owners for an hour's time added that this also includes a dog being walked by a person on a leash.

The amendments also decreased the amount of time a dog is allowed to be tethered in a 24-hour period from 14 hours maximum to 10 hours maximum.

Finally, in the temporary housing exception, an exception was added for staying in a camping area.

New Hampshire

Pet insurance:

In 2023, New Hampshire enacted a chapter on pet insurance (N.H. Rev. Stat. § 402-P:1 - 6). According to the chapter, the purpose is to promote the public welfare by creating a comprehensive legal framework within which pet insurance may be sold in this state. One section outlines the required disclosures that a pet insurer transacting pet insurance must provide such as disclosing limitation in coverages for preexisting conditions, chronic conditions, and hereditary disorders. Under Section 402-P:5, no pet insurer and/or producer shall market a wellness program as pet insurance.

New Jersey

N.J.S.A. 4:22-16.2

N.J.S.A. 4:22-26.2

N.J.S.A. 4:22-46.1

N.J.S.A. 4:22-46.2

N.J.S.A. 4:22-46.3

Cruelty laws:

A new law was enacted that protects livestock animals. The section states that, "[i]n addition to the standards adopted pursuant to subsection a. of section 1 of P.L.1995, c. 311 (C.4:22-16.1), and notwithstanding any other provision of law to the contrary, the State Board of Agriculture and the Department of Agriculture, shall, within 180 days after the date of enactment of this act,1 develop and adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 (C.52:14B-1 et seq.), rules and regulations . . ." These rules and regulations must cover the following:

(1) prohibit the confinement in an enclosure of any breeding pig in a manner that prevents the animal from lying down, standing up, fully extending the animal's limbs, or turning around freely;

(2) prohibit the confinement in an enclosure of any calf raised for veal in a manner that prevents the animal from lying down, standing up, fully extending the animal's limbs, or turning around freely;

(3) require that calves raised for veal are confined in a manner such that each calf can groom itself naturally and have visual contact with other calves; and

(4) establish penalties for violations of the provisions of paragraphs (1) through (3) of this subsection.

N.J.S.A. 4:22-16.2

Cruelty, forfeiture:

A new section in 2023 (N.J.S.A. 4:22-26.2) provides that an animal care agency or enforcement agency may, upon the conviction of a person for an animal cruelty violation, petition the court in the animal cruelty proceeding for an order requiring forfeiture of the animal that is the basis of the conviction and prohibiting the person convicted of an animal cruelty violation from owning, harboring, residing with, or having custody or control of any other animals for a period of time that the court deems appropriate.

At the sentencing of a person convicted of an animal cruelty violation, the court may (a) adjudge an animal that is the basis of the conviction for an animal cruelty violation forfeited to the animal care agency with custody of the animal, and invest all rights and privileges over the animal in the animal care agency; or (b) order the transfer of custody of the animal to the co-owner. The court can also order that the person convicted of an animal cruelty violation shall not own, harbor, reside with, or have custody or control of any other animals for a period of time that the court deems appropriate.

A subsequent section sets forth definitions (N.J.S.A. 4:22-46.1) and procedures for taking custody of an animal that is the subject of an animal cruelty violation. This gives authority to a municipal humane law enforcement officer, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other State or local law enforcement officer may immediately enter onto private property where an animal is located and take custody of an animal if the officer has a reasonable basis to believe that, due to an animal cruelty violation, immediate assistance is required to protect or preserve the animal's life or prevent injury to the animal. Notice must be left at the scene in a conspicuous location followed by a letter sent certified-mail indicating where the animal was taken into custody (N.J.S.A. 4:22-46.2).

Lastly, Section 4:22-46.3 states that an animal care agency that takes custody of an animal may, no later than 20 days after the animal is taken into custody, file an action in the Superior Court seeking the reasonable costs of care for the animal from the animal's owner, or, if the owner is not known to the plaintiff, the person from whom the animal was taken. A copy of the complaint shall be served upon the animal's owner, or, if the owner is not known to the plaintiff, to the person from whom the animal was taken in accordance with the rules of the court.

New Mexico

Animal Sexual Abuse Act:

In 2023, Article 9a, the "Animal Sexual Abuse Act" was enacted. The crimes of bestiality, promoting bestiality, and aggravated bestiality were created. All are felonies. In addition, the law mandates seizure and removal of animals from a convicted person and a possession ban.

New York

McKinney's ECL § 11-0521

McKinney's ECL § 11-0522

McKinney's ECL § 11-0901

McKinney's Agriculture and Markets Law § 117

Deer:

Two new sections were added that created pilot programs for deer management. Section § 11-0521 created an urban deer management pilot program and § 11-0522 established the Long Island deer management pilot program.

Dog:

In Article 7 on licensing and control of dogs, a new provision was added to the law on the seizure of dogs (McKinney's Agriculture and Markets Law § 117). This new subsection states:

1–a. Notwithstanding the seizure requirements provided in subdivision one of this section, dog control officer or peace officer, acting pursuant to his or her special duties, or police officer in the employ of or under contract to a municipality may, if there is no probable cause to believe the dog is dangerous, return any dog with a current license directly to the dog's owner or custodian of record at the address provided on such dog's license.

Wildlife killing contests:

Effective November 1, 2024, New York has outlawed wildlife killing contests (McKinney's ECL § 11-0901). The new provision states:

14. It shall be unlawful for any person to organize, sponsor, conduct, promote, or participate in any contest, competition, tournament, or derby with the objective of taking or hunting wildlife for prizes or other inducement, or for entertainment. The remains of any wildlife killed during the course of a contest, competition, tournament, or derby conducted in violation of this subdivision shall be forfeited by every organizer, promoter, participant or any other person conducting or involved in such contest, competition, tournament, or derby and the remains of such wildlife shall become the property of the department. The provisions of this subdivision shall not apply to: (a) any contest, competition, tournament, or derby with the object of taking or hunting white-tailed deer, turkey, or bear; or (b) special dog training areas or field trials pursuant to sections 11–0925 and 11–0927 of this title, or any similar canine performance events.

North Carolina

Veterinary laws:

A new law was added to Article 11 on veterinarians. This new law provides a written notice provision for any inspection on veterinary premises:

At least one week prior to conducting any inspection pursuant to G.S. 90-185(3) or G.S. 90-186(2), the Board shall provide written notice of the upcoming inspection to the veterinarian. The written notice may be provided via an electronic communication. The veterinarian may contact the Board to reschedule the inspection, but the inspection shall be rescheduled no later than one week after the originally scheduled date of the inspection. Along with the written notice of inspection, the Board shall provide the veterinarian with a checklist of all standards adopted by rule for which the inspector may issue a violation and, with as much specificity as possible, conditions that violate the standards.

N.C.G.S.A. § 90-187.17

North Dakota

Ohio

Oklahoma

Oregon

Animal testing:

Under this new chapter, a manufacturer may not sell or offer to sell in this state a cosmetic that was, on or after January 1, 2024, developed or manufactured using cosmetic animal tests conducted or contracted for by the manufacturer or any supplier of the manufacturer. Limited exceptions exist. In addition to any other penalty provided by law, a manufacturer that sells or offers for sale a cosmetic in violation this act incurs a civil penalty of not more than $5,000 for the first day of the violation and not more than $1,000 for each day that the violation continues.

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

T.C.A. § § 39–14–202

T.C.A. § 39–14–212

T.C.A. § 44–8–408

T.C.A. § 39–16–304

T.C.A. § 62-7-112

Cruelty:

Tennessee added some very specific provisions to its anti-cruelty laws in 2023. Specifically, the state added language on "unreasonably failing" to provide necessary care for animals in a person's custody in § 39–14–202. These new additions include details on structures for dogs that are primarily kept outdoors:

(2)(A) Fails unreasonably to provide necessary food, water, or care for an animal in the person's custody; or

(B)(i) Fails unreasonably to provide access to necessary shelter for an animal other than a dog in the person's custody; or

(ii)(a) Unless exempted under subdivision (a)(2)(B)(ii)(b), fails unreasonably to provide access to shelter in a structure that meets the following requirements for a dog in the person's custody that resides primarily outdoors:

(1) The structure is constructed of sound and substantial material, is sufficient to protect the dog from inclement weather, and is of a size appropriate to allow the dog to maintain normal body temperature;

(2) The structure must have a roof and be enclosed on all sides with an entrance of adequate size for the dog to enter, and have dimensions that allow the dog, while in the shelter, to stand erect, sit, turn around, and lie down in a normal position;

(3) The structure provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the dog to lie on in a normal manner and that can be maintained in a sanitary manner;

(4) From March through October, the structure is properly shaded, and from November through February, when necessary to protect the dog from cold and promote the retention of body heat, the shelter is fitted with a sufficient quantity of bedding material; and

(5) The structure or structures must be of a sufficient size or number to provide shelter to each dog present at the same time;

(b) The requirements in subdivision (a)(2)(B)(ii)(a) do not apply when a dog is actively engaged in lawful hunting; police, military, or patrol work; detection work; search–and–rescue; herding or livestock guarding; trials and other lawful competitions; service and assistance work; other working, sporting, and competitive functions; or while actively training for these purposes and functions;

Section § 39–14–212 dealing with aggravated cruelty to animals also received an amendment in 2023. A new subsection was added to paragraph (j) on juvenile adjudications. This new paragraph mandates psychiatric or psychological testing in certain cases of extreme cruelty:

(2)(A) Notwithstanding subdivision (j)(1), if a child is adjudicated delinquent for conduct involving the intentional torturing, mutilating, maiming, burning, starving to death, crushing, disfiguring, drowning, suffocating, or impaling of a domesticated dog or cat, then the court shall order that the child adjudicated delinquent receive a psychiatric or psychological evaluation and any recommended counseling and treatment.
(B) The court shall order that the cost of any evaluation, counseling, and treatment required under subdivision G)(2)(A) be paid in accordance with § 37–1–150.

(C) If the court finds a parent or guardian to be in contempt of court for failure to comply with a court order issued under this subdivision (j)(2), then the court is authorized to punish the parent or guardian pursuant to § 37–1–158.

Dogs running at large:

To § 44–8–408, which makes it an offense for an owner to allow an uncontrolled dog to go on the premises of another person, a new subsection was added. This subsection makes the owner responsible for restitution if a dog running at large causes injury:

(k)(1) In addition to other penalties provided by this section, a person convicted of a violation of this section in which the dog running at large causes bodily injury, serious bodily injury, or death of another, or damage to the property of another, shall be ordered by the court to make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the person or property owner.

(2) This subsection (k) does not prohibit a person who is bodily injured, seriously bodily injured, or killed, or a person whose property is damaged, by a dog running at large from pursuing the remedies provided under § 44–8–413, or another law.

Service animals:

In the law on misrepresenting service or support animals, a new subsection was added to paragraph (b): "A person commits the offense of misrepresentation of a service animal or support animal who knowingly: (3) Fraudulently represents or provides documentation that falsely states that an animal is a service animal or service animal in training to an employee of a public accommodation." § 39–16–304.

In addition, the penalty for such a violation was changed. Previously, violation was a Class B misdemeanor. Now, amendments added a penalty of community service:

(c) Misrepresentation of a service animal or support animal is a Class B misdemeanor. In addition to the penalty provided under this subsection (c), a person who commits the offense of misrepresentation of a service animal shall perform one hundred (100) hours of community service for an organization that serves individuals with disabilities, or for another entity or organization, at the discretion of the court, to be completed within six (6) months of an order issued by the court.

§ 39–16–304.

To § 62-7-112 on "guide dogs," several amendments were made. First, definitions for "dog guide in training" and "place of public accommodation" were added. This allowed language in previous subsection (a) that listed the types of business that constituted public accommodations to be deleted. The following addition  now makes it clear that public accommodations may not ask for proof of training: "(3) A place of public accommodation, amusement, or recreation shall not require documentation regarding the dog guide, such as proof that the guide dog has been certified, trained, or licensed as a dog guide." The requirements for a guide dog in training were enumerated and clarified.

Texas

V.T.C.A., Penal Code § 42.092

V.T.C.A., Penal Code § 42.107

V. T. C. A., Occupations Code § 802.002

V. T. C. A., Human Resources Code § 121.006

V.T.C.A., Occupations Code § 801.2052

V.T.C.A., Occupations Code § 801.3581

Cruelty laws:

A new definition was added to § 42.092, "Cruelty to Nonlivestock Animals" regarding trap, neuter, and return (TNR):

(9) “Trap-Neuter-Return Program” means a nonlethal population control practice in which an animal is:

(A) trapped;

(B) evaluated by a veterinarian;

(C) if unvaccinated, vaccinated by a veterinarian;

(D) if unsterilized, sterilized by a veterinarian;

(E) marked by a veterinarian, whether by notching or tipping one ear or otherwise; and

(F) returned to the trap location.

In addition to the definitions being added, the following two subsections were enacted:

(e–1) It is a defense to prosecution under Subsection (b)(4) that the actor released or returned a stray or feral animal which is not a wild living creature pursuant to a Trap–Neuter–Return Program.

(e–2) It is a defense to prosecution under Subsection (b)(4) that the actor released or returned a previously trapped wild living creature in accordance with Texas wildlife laws and regulations.

Also, Texas enacted law that provides a separate criminal penalty for violating a possession ban. Under new § 42.107, a person commits an offense if the person:

(1) possesses or exercises control over an animal; and

(2) within the five-year period preceding the date of the instant offense, has been previously convicted of an offense under:

(A) Section 42.091, 42.092, or 42.10; or

(B) federal law or a penal law of another state containing elements that are substantially similar to the elements of an offense described by Paragraph (A).

Violation is a Class C misdemeanor, except that the offense is a Class B misdemeanor if the defendant has been previously convicted of an offense under this section.

Dog breeding laws:

The Texas Dog or Cat Breeders Act changed the definition for “dog or cat breeder” from "a person who possesses 11 or more adult intact female animals and is engaged in the business of breeding those animals for direct or indirect sale or for exchange in return for consideration and who sells or exchanges, or offers to sell or exchange, not fewer than 20 animals in a calendar year" to "a person who possesses five or more adult intact female animals and is engaged in the business of breeding those animals for direct or indirect sale or for exchange in return for consideration." V. T. C. A., Occupations Code § 802.002.

Service animals:

In 2023, the penalty for intentionally or knowingly represents that an animal is an assistance animal or a service animal when the animal is not specially trained or equipped to help a person with a disability was changed from a fine of $300 to $1,000. V. T. C. A., Human Resources Code § 121.006.

Veterinary laws:

A new law was added to Chapter 801 on veterinarians. This law states that, if before the 180th day after the date the board's official investigation of a complaint is commenced, the board determines in accordance with rules adopted under this section that a complaint filed with the board is baseless or unfounded, the board shall:

(1) dismiss the complaint; and

(2) include a statement in the record of the complaint that the complaint was dismissed because the complaint was baseless or unfounded.

V.T.C.A., Occupations Code § 801.2052.

In addition, another new law (V.T.C.A., Occupations Code § 801.3581) was added that requires the board to adopt rules that require a veterinarian to disclose to the owner or other caretaker of an animal (1) a description of the proposed treatment; and (2) the estimated price of the proposed treatment before providing emergency treatment to an ill or injured animal.

Utah

No major statutory changes

Vermont

Virginia

Va. Code Ann. § 3.2-6593.2

Va. Code Ann. § 36-96.3:1

Va. Code Ann. § 3.2-6522

Animal testing:

A new section was added to the laws on animal testing. This new law provides necessary definitions for the chapter. It then gives requirements of public notice for both inspection and violations:

B. Any animal testing facility, contract testing facility, or manufacturer that uses an animal test method shall display a link to its annual report (APHIS Form 7023), as submitted to the U.S. Department of Agriculture pursuant to the Animal Welfare Act, on the homepage or landing page of the facility's or manufacturer's website on or before December 1 for the preceding federal fiscal year.

C. Any animal testing facility shall, within 30 days of receiving an inspection report, make such inspection report publicly available along with any other relevant U.S. Department of Agriculture incident reports and relevant documents generated from internal reviews by either (i) displaying a link to access such information on the homepage or landing page of the animal testing facility's website or (ii) if such animal testing facility does not have a website, issuing a press release or other similar publication.

D. If an animal testing facility operated by an institution of higher education in the Commonwealth receives a citation for critical noncompliance under the Animal Welfare Act or regulations adopted thereunder, such animal testing facility shall notify the leadership of such institution of higher education, including the president, dean, and board of visitors or board of trustees.

E. The provisions of this section shall not apply to any federal facility or privately owned licensed veterinary practice.

Va. Code Ann. § 3.2-6593.2

Assistance animals:

In the law concerning the rights and responsibilities with respect to the use of an assistance animal in a dwelling, a new paragraph was added that makes it a violation to supply fraudulent documentation for an assistance animal. The new paragraph states:

F. No person listed in clauses (i) through (iv) of subsection E shall provide fraudulent supporting documentation to evince the existence of a disability or disability-related need for a person requesting a reasonable accommodation pursuant to this section. A violation of this subsection constitutes a prohibited practice under the provisions of § 59.1–200 and shall be subject to the provisions of the Virginia Consumer Protection Act (§ 59.1–196 et seq.).

Va. Code Ann. § 36-96.3:1

Rabies:

In the Virginia law on rabid animals (§ 3.2-6522), a provision was added throughout the law that gives the local health director access to the suspected rabid animal throughout the mandatory confinement ("The person confining such dog or cat shall allow the local health director or his designee access to the animal during such confinement.").

Washington

West's RCWA 10.52.110

West's RCWA 16.52.360

Courthouse/facility dog:

To the law that permits a witness to have a facility or courthouse dog (10.52.110), the following new paragraph was added:

(4) A courthouse facility dog accompanied by a certified handler is authorized to access: (a) Any courthouse; (b) any location where the courthouse facility dog and certified handler provide services, participate in administrative activities of the courthouse facility dog program, engage in community outreach, or participate in training activities; (c) any location related to a law enforcement investigation where law enforcement requests their presence; and (d) matters pending in the civil or criminal justice system. Authorized locations include, but are not limited to, places of public accommodation as defined in RCW 49.60.040, all modes of public transportation, children's advocacy centers, schools, day care facilities, law enforcement agencies, prosecutors' offices, attorneys' offices, medical facilities, specialty courts, and court-appointed special advocates and guardian ad litem program offices. A certified handler may be asked to show their identification card, provided by the accredited assistance dog organization that trained and certified the handler, to establish that they are a certified handler and that a courthouse facility dog they are accompanying is authorized to access the locations identified in this section.

Additionally, a requirement was added that each accredited assistance dog organization that trains and certifies courthouse facility dog handlers must issue an identification card to each handler it certifies that works with courthouse facility dogs in Washington.

Dog breeding/sales:

Several new provisions were added to the law that prohibits the sale of cats and dogs at retail pet stores (16.52.360). Specifically, a retail pet store that sold or offered for sale any dog prior to July 25, 2021, may sell or offer for sale a dog only if the retail pet store meets the list of requirements. Among these requirements are: that the broker must satisfy must meet AWA USDA standards; strict documentation must be provided; inspection reports from the USDA must be provided; the dog must not have been separated from its mother prior to 8 weeks of age; a licensed broker shall provide all breeder documentation required by a breeder under this section as well as any applicable federal and state license numbers for the breeder or the broker; advertisement and postings at the pet store must provide specific information to the buyer; certificates pertaining the source of the animal must be listed; among other requirements. Violation of any requirements of this law can result in a class 1 civil infraction. Also the following paragraph was added: "[n]othing in this section prohibits any city, town, or county from enacting or enforcing a local ordinance that places greater proscriptions on the sale of any animal by a retail pet store than proscribed by this section or that provides penalties equal to or greater than the penalties provided in this section dog breeding law WA ST 16.52.360"

West Virginia

Wisconsin

Wyoming

W. S. 1977 § 23-3-405

W. S. 1977 § 23–1–103

Hunter interference law:

In the law on interfering with lawful hunting (§ 23–3–405), the following paragraph was added:

(a) No person shall with the intent to prevent or hinder the lawful taking of any wildlife:

(iii) Knowingly and without authorization post or maintain in place signs that restrict access to or use of state or federal land on which the lawful taking of or the process of lawfully taking any wildlife is permitted. For purposes of this subsection, “knowingly” means the person has received prior notice from a peace officer that the sign is located on state or federal land.

Wildlife parts:

Under Wyoming law, wildlife is the property of the state and may not be taken contrary to state law. In 2023, shed antlers and horns located on state or public lands were included in the description of state owned wildlife that cannot be unlawfully taken (§ 23–1–103).