2024 Regulatory Update Part 4: What We Are Watching In Disease Control, Disaster Preparedness, EPR, and PFAS Legislation

Disease Control

 Federal

Centers for Disease Control (CDC) Issues Final Rule: Control of Communicable Diseases; Foreign Quarantine: Importation of Dogs and Cats

On May 13, 2024, The Centers for Disease Control and Prevention (CDC), in the Department of Health and Human Services (HHS) published its final rule to provide clarity and safeguards that address the public health risk of dog-maintained rabies virus variant (DMRVV) associated with the importation of dogs into the United States. This final rule addresses the importation of cats as part of overall changes to the regulations affecting both dogs and cats, but the final rule does not require that imported cats be accompanied by proof of rabies vaccination and does not substantively change how cats are imported into the United States.

The new regulations took effect on August 1 of this year. The CDC simplified the process for meeting entry requirements for dogs arriving within the last six months from dog rabies-free or low-risk countries. In that case only the CDC Dog Import Form is required to be completed. Dogs entering from high-risk countries have to meet other importation requirements,

Click here to view the final rule: https://www.federalregister.gov/documents/2024/05/13/2024-09676/control-of-communicable-diseases-foreign-quarantine-importation-of-dogs-and-cats

To access the CDC’s webpages, click here:

https://www.cdc.gov/importation/dogs/index.html and https://www.cdc.gov/media/releases/2024/s0508-Dog-Importation-Regulation.html

The Healthy Dog Importation Act of 2023

Introduced in February of last year, Senate Bill 502/House Resolution 1184 would amend the Animal Health Protection Act to impose restrictions on the importation of dogs into the United States. The bills would prohibit the importation of a live dog into the United States unless the Department of Agriculture (USDA) determines the dog (1) is in good health; (2) has received all necessary vaccinations, internal and external parasite treatment, and demonstrated negative test results as evidenced by a certificate from a licensed veterinarian; and (3) is officially identified by a permanent method approved by USDA. Additionally, dogs entering the United States for transfer must be at least six months of age and accompanied by a USDA permit. Transfer is defined as a change of ownership or control of an imported dog to another person, including by sale, adoption, exchange, or donation.

USDA must provide an exception to any requirements under the bill for dogs that are transferred for (1) research purposes; (2) veterinary treatment under certain conditions, including appropriate quarantining; or (3) lawful importation into the state of Hawaii if the dog is not transported out of Hawaii for transfer at less than six months of age.

Both bills remain in their respective committees.

United States Senate Bill 2333 (‘‘Pandemic and All-Hazards Preparedness and Response Act’’)

As previously reported, SB 2333 (introduced in July 2023) would reauthorize certain programs under the Public Health Service Act with respect to public health security and all-hazards preparedness and response. It was ordered to be reported favorably with amendments and remains in committee.

The Foreign Animal Disease Prevention, Surveillance, and Rapid Response Act of 2023

Introduced in May 2023, House Resolution 3419 would amend the Animal Health Protection Act to reauthorize the animal disease prevention and management programs. In late June last year the bill was referred to the Subcommittee on Livestock, Dairy, and Poultry, where it remains.

The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2024

House Resolution 4368 was introduced in June, and would provide appropriations for the Department of Agriculture (USDA), the Food and Drug Administration (FDA), and related agencies (includes funding for agency dog importation oversight and zoonotic disease programs). Committee meetings were held in late July 2023, but the bill failed to progress and was tabled that September without objection.

State

States are considering and enacting disease control legislation as well. Illinois House Bill 3087 was enacted in June 2023 and took effect on January 1 of this year. It allows for the temporary prohibition on the sale, movement, or exhibition of certain types of animals in order to prevent or reduce the spread of any contamination or disease. Virginia Assembly Bill 412 was enacted in March, and allows rabies clinics approved by local health departments and governing bodies to offer microchipping and additional animal health vaccines at the discretion of the licensed veterinarian or veterinarians participating in the clinic. The new law also requires local health departments to submit annual reports to the Department of Health regarding numbers and locations of approved rabies clinics as well as vaccines administered. Massachusetts House Bill 801 (now sent to a study order as HB 4668) would provide for quarantine and vaccination regulations regarding dogs brought into the state by animal rescue organizations.

Some bills failed to progress this session. Minnesota Senate Bill 1496 (held over to the 2024 session) would have authorized certain over-the-counter canine bordetella vaccines. New Jersey Assembly Bill 2773 would have established certain requirements – including disease control measures – concerning animal rescue organizations, breeders, importation of cats and dogs, and sale or adoption of cats and dogs. Missouri House Bill 2686 would have established standards relating to the handling of animals suffering from parvovirus.

State Rabies Control Measures

Enacted in June 2024, Colorado House Bill 1354 requires any pet care facility licensed under the “Pet Animal Care and Facilities Act” to notify pet animal owners within 24 hours after a suspected outbreak of an infectious disease is discovered. at the facility.

Some of the state rabies bills we have been tracking did not progress this session. California Assembly Bills 332 and 2012 would have required the State Department of Public Health to collect certain rabies control program data from each city, city and county, or county. Vermont House Bill 401 would have provided for rabies vaccination certificate requirements for domestic pets. Both bills remain in committee.

Center For Disease Control and Prevention (CDC) Investigations

CDC Investigation Notice: Salmonella Outbreak Linked to Small Turtles

On October 3, 2024 the CDC announced that it was ending its investigation into a salmonella outbreak linked to small turtles. In 22 states there had been 63 illnesses, 28 hospitalizations and no deaths reported. The CDC reiterated that federal law bans the sale and distribution of turtles with shells less than 4 inches long as pets due to the health risks involved and illnesses linked, especially in young children. According to the CDC, despite the ban, these turtles are sometimes still sold illegally online, at stores, flea markets, and roadside stands. https://www.cdc.gov/salmonella/outbreaks/turtles-08-24/?CDC_AAref_Val=https://www.cdc.gov/salmonella/turtles-08-24/index.html (CDC)

CDC Investigation Notice: Salmonella Outbreak Linked to Pet Bearded Dragons

On June 14 of this year the CDC announced that it was initiating an investigation into a multistate salmonella outbreak linked to pet bearded dragons. As of that date, a total of 15 people across nine states were reported to have been infected. The start date of the illnesses ranged from January 8, 2024 to May 16, 2024.

Click here for the initial post: https://www.cdc.gov/salmonella/outbreaks/cotham-06-24/?CDC_AAref_Val=https://www.cdc.gov/salmonella/cotham-06-24/index.html (CDC)

Click here for the latest update: https://www.cdc.gov/salmonella/outbreaks/cotham-06-24/investigation.html (CDC)

Disaster Preparedness

Both the federal government and state legislatures are considering bills relating to plans and practices for animals in emergency or disaster situations.

Federal Action

United States Senate Bill 2333 (‘‘Pandemic and All-Hazards Preparedness and Response Act’’)

Introduced in July 2023, the bill reauthorizes through FY2028 and modifies public health preparedness and response programs and activities, including potential shortages of drugs and medical devices. In September 2023 it was placed on Senate Legislative Calendar under General Orders.

State Action

California Assembly Bill 781 was enacted in October 2023 and became effective in January of this year. It requires a county, on or before July 1, 2024, to update its emergency plan to designate emergency shelters able to accommodate persons with pets. Conversely, New York Assembly Bill 1201 did not progress this session. It would have established the “emergency preparedness month act” and exempted prefabricated go-bags and individual emergency preparedness items (including pet items) from sales tax during specified time periods. It remains in the Governmental Operations Committee.

Extended Producer Responsibility (EPR) Laws

Five states (Maine, Oregon, Colorado, California and now Minnesota) now have enacted Extended Producer Responsibility (EPR) legislation, with Minnesota joining the ranks this past May 2024. As previously noted, EPR laws shift the cost of recycling certain single-use products from municipalities to the producer of those products. EPR laws establish producer responsibility organizations (“PROs”) that administer the program, facilitate compliance, and collect the fees.

The definition of “producer” varies among the states and can be complex, although under some scenarios trademark or brand owners are responsible in each of the programs. In other situations, a succession of other supply chain parties are potentially responsible, including the importer, distributor, licensee, or the manufacturer.

State Action

States With New EPR Legislation in 2024

Since our latest update, Minnesota and California have passed EPR legislation. In other states with EPR laws, certain compliance deadlines are approaching.

Minnesota: With enactment of its House Bill 3911 in May of this year, Minnesota became the fifth state (behind Maine, Oregon, Colorado, and California) to enact an EPR packaging program. The new law covers packaging and paper, and producers must join a PRO by July 1, 2025. Minnesota distinguishes between products sold in physical retail establishments in state versus products sold via e-commerce, and regarding e-commerce sales directly to a consumer, the entity that added the packaging for shipping is primarily responsible for that packaging, while the brand owner is primarily responsible for packaging when the sale occurs at a physical retail establishment in the state. Minnesota’s prohibition against the sale of materials covered by its program unless the producer has joined a PRO takes effect on January 1, 2029.

Notably, Minnesota’s program allows producers to assign responsibility for compliance to another party through contract. While no other state recognizes shifting legal responsibility through contract, Oregon does not require producers to register with the PRO for covered materials if another entity registers as the producer for the same covered materials.

California Senate Bill 707 (“Responsible Textile Recovery Act of 2024”), signed into law on September 22 of this year, requires all clothing producers in California to join a PRO by 2026. This is the first law in the country to establish an EPR program for clothing products and applies to any textile or apparel producer who sells or distributes clothing in California.

Under the new law, by 2030, each PRO must implement a stewardship program. Each PRO must develop and implement a comprehensive stewardship program to: (i) establish free, permanent clothing drop-off sites throughout the state and offer mail-back options; (ii) develop a processing protocol to maximize diversion to thrift stores, reuse, and recycling, and minimize disposal; (iii) promote educational and outreach programs on the PRO’s collection sites; (iv) support laundries with funding to reduce water consumption and improve microfiber and microplastic filtration; and (v) address the presence of PFAS (per- and poly-fluoroalkyl substances) and other chemicals to avoid contamination in the recycling process. The costs of these stewardship programs will be covered by the producers. The law also mandates CalRecycle to adopt regulations to implement the Act.

Oregon is expected to adopt its Department of Environmental Quality’s Proposed Rulemaking 2 in November 2024, requiring producers to report their 2024 supply data by March 31, 2025. Supply data includes information regarding weight, number, type of sale, and possibly other metrics, per covered material category associated with the sale or distribution of a producer’s products. Oregon producers will begin paying fees assessed according to their usage of covered materials in July 2025. Before that date, however, producers must meet other important deadlines and data reporting obligations. After July 1, 2025, producers are prohibited from selling products using covered materials in or into the state unless they are in compliance with these requirements.

Colorado: Under its packaging and paper program, producers were required to register with the PRO by October 1, 2024.

States with Active Proposed EPR Plastics and Packaging Bills

Michigan House Bill 5902 was introduced on July 31, 2024 and was referred to the Committee On Natural Resources, Environment, Tourism And Outdoor Recreation. The bill would set recycling and material reduction targets and direct producers to pay for the development of packaging reduction programs and reimbursements to local governments to cover the full cost of recycling packaging. Chemical recycling would not be considered recycling, and producers are exempt if they use less than 1 ton of packaging material during the prior year or if they make less than $1 million in total gross revenue. Under the bill the state Department of Environment, Great Lakes and Energy would select a packaging reduction organization using a competitive bidding process that will serve for 10 years. The PRO would be responsible for collecting fees and dues and refunding governments and the state when necessary, investing in packaging reduction, reuse and recycling, conducting an annual review to determine which products and packaging materials are recyclable, and carrying out a needs assessment every five years.

Some states are considering or refining bills that would ban certain types of plastics:

Pennsylvania House Bill 2624 (“Retail Establishment Bag Prohibition Act”), introduced on October 8, 2024 and currently in committee, would prohibit the distribution of single-use plastic bags by retail establishments.

Massachusetts Senate Bill 2833 (substituted in June 2024 for NJ Senate Bill 570 referenced in our last report and subsequently 2830) is a plastics reduction bill that remains in committee.

New Jersey Regulation 2024-00: In an effort to fine-tune its 2022 ban of single-use paper and plastic bags and certain polystyrene foam food containers, New Jersey posted its proposed rule on April 1, 2024 and invited public comment for 60 days. The rule clarified that certain bags with specific, limited uses are exempt from the ban if they are only used to contain uncooked meat, fish, or poultry; live animals, such as fish or insects sold in a pet store; laundry, dry cleaning, or garments; prescription drugs from a pharmacy; or newspapers.

EPR or plastics bills that failed to progress this legislative session include:

Illinois House Bill 4448, introduced in January, would have provided that no store or food service business shall provide or sell a single-use plastic carryout bag to a customer.

New York Senate Bill 8719, introduced in March, would have eliminated the use of plastic carryout bags unless exemptions applied.

Tennessee Senate Bill 573 ( carried over from 2023) would have established a PRO to develop a proposal for addressing the state’s recycling needs as well as an EPR plan for producers of packaging products.

The Lacey Act Amendments of 2023

United States House Bill 4922/Senate Bill 1614 (“Lacey Act Amendments of 2023”) would amend Title 18 (Crimes & Criminal Procedure), Chapter 3 (Animals, Birds, Fish and Plants), Section 42 (Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations) of U.S. Code to enhance protections against the importation, and transport between States, of injurious species.

These bills are identical to SB 626, which failed in the 2021-22 session. Language from SB 626 was included as an amendment to the “America COMPETES Act of 2022” (H.R. 4521) which ultimately died in Conference Committee upon adjournment of the 2021-22 legislative session.

As previously reported, on May 16, 2023, SB1614 was introduced and referred to the Committee on Environment and Public Works. On July 26, 2023, HB4922 was introduced and referred to the Committee on the Judiciary, and in addition to the Committee on Natural Resources, to be determined by the Speaker whether such provisions fall within the jurisdiction of the respective committee. The bill has not progressed.

Per- and Polyfluoroalkyl Substances (PFAS) Legislation

Efforts are underway both at the federal and state levels to regulate or even ban the use of so-called “forever chemicals” in consumer products. 

Federal

House Resolution 8047/Senate Bill 4187 (“Forever Chemical Regulation and Accountability Act” (FCRA))

On April 18, 2024 companion bills were introduced in the House of Representatives and Senate that both would phase out all “non-essential” uses of PFAS in 10 years as well as amend the Comprehensive Environmental Response, Compensation & Liability Act (“CERCLA” or “Superfund”) to prevent potentially responsible parties (“PRPs”) from avoiding cleanup liability via declaring bankruptcy. SB 4187 has been referred to the Environment & Public Works Committee while HR 8074 has been referred to the following five House committees: (1) Energy and Commerce; (2) Oversight and Accountability; (3) Science, Space, and Technology; (4) Transportation and Infrastructure; and (5) Armed Services.

Click here to view SB 4187: https://www.congress.gov/bill/118th-congress/senate-bill/4187

Click here to view HR 8047: https://www.congress.gov/bill/118th-congress/house-bill/8074

State

Over the last few years, states including California, Maine, Minnesota, and New York have passed legislation requiring the reporting, labeling, and for various categories of goods, the ban of PFAS when intentionally added to consumer products. State bills (with varying compliance deadlines) introduced this year include:

California House Bill 903 (“Ending Forever Chemicals Act”): Introduced in January and would prohibit the distribution, sale, or offering for sale of products containing “intentionally added” PFAS. The bill expands on California’s existing efforts to restrict PFAS use in consumer goods. Prior bills enacted in September 2022 prohibited the manufacturing, distribution, sale, or offering for sale of textile articles or cosmetic products containing PFAS starting January 1, 2025. SB 903 would apply this prohibition to all “products,” defined in the bill as “an item manufactured, assembled, packaged, or otherwise prepared for sale in California, including, but not limited to, its components, sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products.” “Component” is further defined as “an identifiable ingredient, part, or piece of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.” The prohibition would take effect January 1, 2030.

Under the bill the California Department of Toxic Substances Control (“DTSC”) is given the authority, via rulemaking, to prohibit intentionally added PFAS in a product or product category before the 2030 effective date.

Like Maine and Minnesota’s PFAS bans in consumer goods, California also allows exemptions for products where DTSC finds via rulemaking that the presence of PFAS in the consumer product constitutes a “currently unavoidable use” (“CUU”).

Maine Senate Bill 1537:(carried over from 2023 and enacted in June 2024) dramatically scales back and delays Maine’s prior ban and reporting requirements for products with intentionally added PFAS. Originally required to report to the state by January 1, 2023 and extended to January 1, 2025, under the bill companies would now have until January 1, 2032 to report. The bill further reduced the reporting requirement to products containing intentionally added PFAS that DEP deems to be “currently unavoidable uses” rather than all products. An exemption was also created for manufacturers employing 100 or fewer people. The bill also established a reporting standard of information “known to or reasonably ascertainable” by the submitter, and further clarified the definition of “currently unavoidable uses.”

Colorado Senate Bill 81: (introduced in January and enacted in May 2024) broadens the state’s current restrictions on products containing intentionally added PFAS (prior restrictions include PFAS in carpets and rugs, fabric treatments, food packaging, juvenile products, oil and gas products, textile furnishings, upholstered furniture, and cosmetics). The new law expands the list of prohibited products to certain outdoor apparel and other textiles, among others, while also creating new exemptions for products including FDA or USDA approved veterinary pesticide and parasiticide products along with the packaging used for such exempted products.

Connecticut Senate Bill 292: (introduced in February and enacted in June 2024) imposes restrictions on certain products containing intentionally added PFAS, including cosmetics, outdoor apparel for severe wet conditions and other textiles. Exemptions are provided in certain instances.

Vermont Senate Bill 25: (2023 carryover enacted in May 2024) repealed Vermont’s previous PFAS law and replaced it with a more expansive product ban. Included are food packaging, textile products and outdoor apparel for severe wet weather conditions.

Rhode Island Senate Bill 2152 (Comprehensive PFAS Ban Act”): (introduced in January and enacted in June 2024) prohibits intentionally added PFAS in products including cosmetics, textile items and outdoor apparel for severe wet conditions.