Decrow surgery legal/illegal in which states?

[Xouie]

Ok, from looking at all these websites, it seems many states (if not all) have a department of agriculture— I should have realized that. I’m really not very on top of things today. So next step is going to each state’s ag website and hitting the “contact us” button. I’m already 4% started on that.

thanks again for all the info and ideas! We’ll see what comes of it.

 

[casportpony]

Ok, from looking at all these websites, it seems many states (if not all) have a department of agriculture— I should have realized that. I’m really not very on top of things today. So next step is going to each state’s ag website and hitting the “contact us” button. I’m already 4% started on that.

thanks again for all the info and ideas! We’ll see what comes of it.

I don't think the ag departments will know what surgeries are illegal, but I could be wrong.

 

[Xouie]

I don't think the ag departments will know what surgeries are illegal, but I could be wrong.

Oh bummer! I was thinking it would fall under livestock health. Well I’ll keep trying. Maybe the ag depts will redirect me.

 

[aart]

Maybe the ag depts will redirect me.

I would think so....good place to start.

But since decrowing is usually an urban or pet scenario....ag department might not know.
Maybe ask PETA?

 

[casportpony]

Maybe ask PETA?

 

[JacinLarkwell]

I would think so....good place to start.

But since decrowing is usually an urban or pet scenario....ag department might not know.
Maybe ask PETA?

Not peta. Unfortunately odds are you'll just be called names for even considering owning a bird now

I second either vets or the ag department

 

[aart]

Not peta.

Was mostly kidding......tho they might know the laws, getting them to cite them accurately could be a challenge.

 

[Phneyda]

Good question, when doing any research on animal law here are some tips from an attorney*:

• There is a really good chance that states have left this area of the law to counties and other municipalities. You may need to reach out to the county, city, etc.
• In your community you may want to review your state code, then your county code, then your city ordinances if they are available online.
• If you just call places first, be prepared for them to just refer you to a code chapter. They likely won’t know this information off the top of their heads and will be too busy to go look it up.
• In a municipality where only hens are allowed it shouldn’t matter if a rooster is decrowed unless the law explicitly says it does, at least that is the argument code enforcement will make.
• Reaching out to a vet school is a good first step, but they aren’t lawyers. So don’t expect sound advice on what is legal for someone in your position. Municipal animal control may be a better option depending on your area.
• Also, it’s important to clarify whether any prohibition you are told of is a law/ordinance, professional rule/regulation (for veterinarians in the state), or an agency rule (for example your state won’t give your operation a certification or permit if you decrow your roosters).
• If the prohibition is a zoning ordinance then a variance could be an option.

*this is for informational purposes only and neither constitutes legal advice on any subject matter, nor creates and attorney-client relationship.

 

[Xouie]

Good question, when doing any research on animal law here are some tips from an attorney*:

• There is a really good chance that states have left this area of the law to counties and other municipalities. You may need to reach out to the county, city, etc.
• In your community you may want to review your state code, then your county code, then your city ordinances if they are available online.
• If you just call places first, be prepared for them to just refer you to a code chapter. They likely won’t know this information off the top of their heads and will be too busy to go look it up.
• In a municipality where only hens are allowed it shouldn’t matter if a rooster is decrowed unless the law explicitly says it does, at least that is the argument code enforcement will make.
• Reaching out to a vet school is a good first step, but they aren’t lawyers. So don’t expect sound advice on what is legal for someone in your position. Municipal animal control may be a better option depending on your area.
• Also, it’s important to clarify whether any prohibition you are told of is a law/ordinance, professional rule/regulation (for veterinarians in the state), or an agency rule (for example your state won’t give your operation a certification or permit if you decrow your roosters).
• If the prohibition is a zoning ordinance then a variance could be an option.

*this is for informational purposes only and neither constitutes legal advice on any subject matter, nor creates and attorney-client relationship.

Thanks! This adds wonderful information to the thread, and definitely helps me. I am hoping for exactly what you say — to get the code/chapter (if it exists) for each state.

It’s not surprising this is something states may not want to touch, leaving it up to either local agencies or veterinary boards/schools. I doubt I’ll get a lot of results at the state levels, but this too is helpful in answering the question.

Honestly it made me laugh a little reading your fourth point and making the connection: Why would they make a rule about a need that doesn’t legally exist? People where roosters are legal aren’t driven to seek the surgery, and where roosters are illegal there is nothing to regulate. Now I really want to know if any states have actually regulated the procedure. You’ve given me good perspective and certainly more to consider. Thank again!