Dr. Goodpet

West Virginia Proposes Broad Pet Purchaser Remedy Rights

PET FOOD: Multiple States Proposing Legislation on Pet Food Safety

As an aftermath of last spring’s pet food recall, a few states have initiated legislation reflecting concerns about pet food safety. In New Jersey, two bills relating to pet food were recently reintroduced from the last legislative session. One bill, called the “Pet Food Safety Act” (Assembly Bill 1915) would require manufacturers to certify to the State Department of Agriculture that pet food sold in the State does not contain harmful byproducts or chemicals and that it is safe for consumption for a pet. It would allow the Agriculture Department to propose regulations which may include standards and requirements for the quality of pet foods and procedures to be followed by manufacturers to certify that the products meet those standards. Violations would be considered a crime of the fourth degree. The proposal would also allow any person “aggrieved” to bring a civil action for damages against the person committing the violation and would allow the attorney general to bring an action for civil damages or for injunctive relief.

The second bill (NJ Assembly Bill 1965) authorizes civil damages when a pet becomes ill or dies from consuming or coming into contact with adulterated pet food. Damages may include the cost of the animal or the cost to replace the animal as well as expenses involved with treating or burial of the animal, reimbursement of animal training expenses and any unique value of the animal. In addition, the bill provides damages for loss of companionship in an amount no greater than $15,000.

In Hawaii, a bill that was recommended for approval by the Committee on House Health (House Bill 2529) would allow the Department of Health to notify manufacturers, importers or retailers to take action on human food or pet food products that pose a significant public health risk. The actions required could include mandatory recall and notification. Under this proposal any person violating the notification and recall standards could be penalized $10,000 for each act and for each day during which the violation continues.

Another state that has proposed legislation on pet food safety is Washington. Senate Bill 6258 would make the knowing manufacture of adulterated pet food a violation of the state’s consumer protection act, which would subject violators to treble damages. The new section states that “knowingly manufacturing adulterated pet food is not reasonable in relation to the development and preservation of business and is unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act.