Mississippi State University v. People for the Ethical Treatment of Animals, Inc.

992 So. 2d 595, 89 U.S.P.Q. 2d (BNA) 1276, 36 Media L. Rep. (BNA) 2555, 2008 Miss. LEXIS 355, 2008 WL 2927836
CourtMississippi Supreme Court
DecidedJuly 31, 2008
DocketNo. 2006-CA-02120-SCT
StatusPublished
Cited by13 cases

This text of 992 So. 2d 595 (Mississippi State University v. People for the Ethical Treatment of Animals, Inc.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mississippi State University v. People for the Ethical Treatment of Animals, Inc., 992 So. 2d 595, 89 U.S.P.Q. 2d (BNA) 1276, 36 Media L. Rep. (BNA) 2555, 2008 Miss. LEXIS 355, 2008 WL 2927836 (Mich. 2008).

Opinions

RANDOLPH, Justice,

for the Court.

¶ 1. Following Mississippi State University’s (“MSU”) denial of its records request, People for the Ethical Treatment of [596]*596Animals, Inc. (“PETA”) filed a complaint in the Chancery Court of Oktibbeha County seeking disclosure. In its initial request, PETA sought records relating to any and all research projects, tests, and/or experiments that initially received funding and/or sponsorship and any and all installments thereof, in whole or in part, from The lams Company (“lams”) or an affiliate and for which in vivo animal research was conducted at MSU from 1999 to date.

¶ 2. For the period requested, MSU and lams entered into a series of “Agreement[s],” “Research Agreement[s],” “NonDisclosure Agreement[s],” and “Agreement[s] to Provide Animal Care Facilities and Technical Services.” These agreements provided for “secrecy of information,” “no disclosure of confidential information,” and “intellectual property rights,” and mandated that “[b]oth parties agree to comply with all relevant federal, state, county, and municipal executive orders, rules, regulations, ordinances and laws.” For example, MSU warranted that its animal care facilities “conform to the animal care and use guidelines set forth by the United States Animal Welfare Act[,] ... regulations set forth in 9 C.F.R. parts 1, 2, and 3[,] ... and other applicable laws and policies regarding the care and use of vertebrate animals for research and training purposes.”

¶ 3. PETA’s request subsequently was modified to seek only Institutional Animal Care and Use Committee (“IACUC”) records for projects, tests, and experiments funded by lams, the creation of which were a requisite condition under MSU’s agreements with lams. Thus, PETA sought a compilation of data and information recorded on animal care protocol review forms prepared by MSU in conjunction with lams, with whom it contracted to perform studies and research. The protocol review forms included, inter alia, the name of the principal investigator (s); title of the project; project period; project summary; proposed species of animals; numbers of animals; experimental design; rationale for involving animals in the study and justification for using the species selected; care and use of the animals; names and qualifications of personnel involved in the project; protocol updates and amendments; and history of protocols. The purpose of the studies and research, as well as the type and number of animals, was controlled by contractual agreements between the sponsor (lams) and institution (MSU). Federal law mandates the use of protocols when live vertebrate animals are involved in research. After lams was granted leave to intervene, it filed a “Motion for an Order Prohibiting the Disclosure of Exempt Information,” unopposed by MSU, asserting that the documents PETA requested were exempt from disclosure pursuant to Mississippi Code Annotated Sections 25-61-9(3) and 79-23-1(3). Following an in camera review of the subject records, the chancellor entered her order which, inter alia, stated that “IA-CUC is governed by rules adopted by it and MSU, as well as by rules imposed by applicable federal[1] and state law[,]” but [597]*597then concluded that the exemptions were largely inapplicable and ordered disclosure to PETA, subject to limited conditions. From that order, MSU and lams filed their “Joint Notice of Appeal.”

BACKGROUND

¶4. The federal Animal Welfare Act (“Act”), 7 U.S.C. § 2131 et seq., provides “that regulation of animals and activities as provided in this chapter ... insure[s] that animals intended for use in research facilities ... are provided humane care and treatment^]” 7 U.S.C. § 2131(1) (1976). Underlying such regulation is the recognition by Congress that:

(1) the use of animals is instrumental in certain research and education for advancing knowledge of cures and treatment for diseases and injuries which afflict both humans and animals; [and]
(4) measures which help meet the public concern for laboratory animal care and treatment are important in assuring that research will continue to progress.

Pub.L. 99-198, tit. XVII, § 1751, 99 Stat. 1645 (1985) (Congressional findings for 1985 amendment).

¶ 5. Toward the end of guaranteeing humane care and treatment, the Act provides that the Secretary of Agriculture of the United States (“Secretary”):

(a)(1) ... shall promulgate standards to govern the humane handling, care, treatment, and transportation of animals by ... research facilities....
(2) The standards described in paragraph (1) shall include minimum requirements—
(A) for handling, housing, feeding, watering, sanitation, ventilation, shelter from extremes of weather and temperatures, adequate veterinary care, and separation of species where the Secretary finds necessary for humane handling, care, or treatment of animals; and
(B) for exercise of dogs, as determined by an attending veterinarian in accordance with the general standards promulgated by the Secretary....

(3)In addition to the requirements under paragraph (2), the standards described in paragraph (1) shall, with respect to animals in research facilities, include requirements—

(A) for animal care, treatment, and practices in experimental procedures to ensure that animal pain and distress are minimized, including adequate veterinary care with the appropriate use of anesthetic, analgesic, or tranquilizing drugs, or euthanasia;
(B) that the principal investigator considers alternatives to any procedure likely to produce pain to or distress in an experimental animal;
(C) in any practice which could cause pain to animals—
(I) that a doctor of veterinary medicine is consulted in the planning of such procedures;
(II) for the use of tranquilizers, analgesics, and anesthetics;
(III) for pre-surgical and post-surgical care by laboratory workers, in accordance with established veterinary medical and nursing procedures;
[598]*598(IV) against the use of paralytics without anesthesia; and
(V) that the withholding of tranquilizers, anesthesia, analgesia, or euthanasia when scientifically necessary shall continue for only the necessary period of time;
(D) that no animal is used in more than one major operative experiment from which it is allowed to recover except in cases of—
(I) scientific necessity; or
(II) other special circumstances as determined by the Secretary; and
(E) that exceptions to such standards may be made only when specified by research protocol and that any such exception shall be detailed and explained in a report outlined under paragraph (7) and filed with the Institutional Animal Committee....

(7)(A) The Secretary shall require each research facility to show upon inspection,

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Miss. State Univ. v. PETA, INC.
992 So. 2d 595 (Mississippi Supreme Court, 2008)

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Bluebook (online)
992 So. 2d 595, 89 U.S.P.Q. 2d (BNA) 1276, 36 Media L. Rep. (BNA) 2555, 2008 Miss. LEXIS 355, 2008 WL 2927836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-state-university-v-people-for-the-ethical-treatment-of-miss-2008.