Veterinary Division

TIMELINE: Pathway to Rules on Euthanasia

• 2005 - General Assembly creates the Animal Welfare Section within the Department of Agriculture and Consumer Services
  
• June 2006 – All positions hired including Director of the Animal Welfare Section
  
• December 2006 – Draft of rules finished and copies provided to interested parties. Informal request made for comment & corrections.
  
• January 1 – July 1, 2007 – Comments received from public and NGO’s.  Changes made as a result.
  
• July 2, 2007 – As required by law, draft of rules published in the Register, 60 day comment period commences.
  
• July 18, 2007 – As required by law, a Board of Agriculture hearing was held to allow public comment on the rules.  No vote was taken.
  
• July 2 – August 30, 2007 – public comment was received on the proposed rules.
  
• Fall 2007 – as a result of public comment the rules were withdrawn to make selected changes reflecting public comment.
  
• November 1, 2007 - As required by law, draft of rules published in the Register, 60 day comment period commences.  The major change from the 1st draft that was a sunset on the use of Carbon Monoxide in euthanasia of dogs and cats at licensed facilities.
  
• February 13, 2008 – As required by law, a Board of Agriculture hearing was held to discuss the rules on euthanasia.  The Board voted to pass the rules as printed on November 1, 2007 with the exception of the sunset of the use of CO for euthanasia of dogs and cats at licensed facilities.
• February 27, 2008 - Rules Review Commission staff objects to the rules as passed by the N.C. Board of Agriculture. The RRC staff's most often cited objection was  "lack of statutory authority." Commission staff stated specifically that there was no statutory authority for the agency to certify technicians who can euthanize animals.  Additionally, Commission staff pointed out that the statutes do not permit the agency to revoke certification or take other disciplinary action against technicians.  Instead, the statutory authority is limited to mandating training. | View Request for Technical Changes | View RRC Staff Opinions
• March 14, 2008 – NCDA&CS withdraws the rules in response to the RRC staff's objections to make changes necessary to obtain the Commission's approval.  Had the rules not been withdrawn, RRC staff would have recommended to the full Rules Review Commission that the rules not be approved. 
• June 13, 2008 – Rules are resubmitted to RRC by NCDA&CS to comply with the RRC staff opinion and request for technical changes issued on February 27, 2008.  The re-submitted rules consist of a subset of the rules passed by the Board of Agriculture.  No new language or additional requirements have been added.  Rules await consideration by the full Rules Review Commission at an upcoming meeting. | View statement by NCDA&CS regarding changes
• July 15, 2008 - Legislation is submitted to give Animal Welfare Section the statutory authority to mandate training and certification of persons who perform euthanasia. This was added to SB845.
• July 17, 2008 - The Rules Review commission extended the time to review the Rules based on pending legislation. If the legislation passes, most of the objections made by the RRC staff regarding lack of statutory authority would be nullified and the original rules could be considered.