This article was originally published by COMMUNIQUÉ in the September 2019 issue.
By Jennifer L. Braster
In 2019, Nevada enacted new legislation banning cosmetics testing on animals. Nevada also amended existing law to assist detained individuals with their impounded animals and to protect those animals that have suffered from animal cruelty.
Following similar legislation passed in California, Nevada is now the second state to ban the sale of cosmetics tested on animals. Senate Bill 197 prohibits a manufacturer from importing, selling, or offering for sale in Nevada any cosmetic that the manufacturer knew or reasonably should have known involved animal testing. A violation of this statute constitutes a deceptive trade practice pursuant to NRS 598.0903 to 598.0999. While Nevada’s stance on banning animal testing is commendable, certain animal rights groups are concerned that exceptions in the statute allowing for animal testing will swallow the rule.
With respect to impounded animals, under existing law, if a person is arrested and detained, his or her pets will often be impounded. Issues have arisen with the county shelters housing these animals, and the lack of notice being provided to the owners as to where their animals have been taken. See NRS 171.1539.
Under these amendments, the state is obligated to provide notice as to the location of the impounded animals. The amendments further provide a vehicle to expeditiously determine by judicial process whether people arrested for animal cruelty are suitable to regain possession of those animals so the animals are not languishing in county shelters.
Jennifer L. Braster is a founding partner of Naylor & Braster. Jennifer practices primarily in the area of commercial litigation and has also represented clients with various animal law issues, including animal custody, enforcement of dangerous dog regulations, and civil rights, cases along with attorney Maggie McLetchie, involving the shootings of pet dogs.