Paws Up!

New York Assemblyman Blumencranz has proposed “Peanut’s Law: Humane Animal Protection Act” to strengthen protections for sanctuary animals seized by state law enforcement.

     The lives of sanctuary animals in New York may soon receive greater legal protection.

     A proposed amendment to Section 11-0512 of New York’s Environmental Conservation Law, known as Peanut’s Law: Humane Animal Protection Act, would change how the state handles animals seized from sanctuaries.

     The bill follows the widely reported case of Peanut the Squirrel. Peanut was a rehabilitated squirrel who gained a large following online. During an investigation by the New York State Department of Environmental Conservation (DEC), Peanut was seized and later euthanized.

  At NHES, we believe wild animals that can survive on their own should be released whenever possible. However, wildlife sanctuaries also serve an important purpose. Animals living in these facilities deserve humane and fair treatment.

 

What Would Peanut’s Law Change?

     One of the first goals of Peanut’s Law is to clearly define what qualifies as an animal sanctuary.

     Under the proposal, a sanctuary would include a wild animal care facility recognized under federal and state law and operating under a valid tax identification number, such as a 501(c)(3).

     This definition is important because it helps determine which organizations qualify for legal protections.

     Qualified sanctuaries would also have the right to an administrative hearing before animals are seized.

A 72-Hour Waiting Period

     If passed, Peanut’s Law would also change New York’s rules for euthanasia following an animal seizure.

     The bill would require a 72-hour waiting period before an animal could be euthanized. The only exception would involve an immediate public safety risk confirmed by a licensed veterinarian.

     During those 72 hours, families and sanctuary operators could file an emergency appeal with the DEC.

     An emergency review board would then examine the case. The board would include a licensed veterinarian, a public health official, and a sanctuary representative.

     Together, they would determine the most appropriate course of action.

More Transparency and Accountability

     Peanut’s Law would also create new reporting requirements for the DEC.

     The department would be required to publish quarterly reports explaining animal seizures and their outcomes.

     If euthanasia and rabies testing were necessary, the bill would also require those test results to be made public.

     If an animal tested negative for rabies, licensed sanctuaries would have the legal right to seek redress.

     These protections were inspired in part by Peanut’s case. The people who cared for him at P’Nuts Freedom Farm Animal Sanctuary had little legal recourse after he was seized and euthanized on the same day. Peanut later tested negative for rabies.

Protecting Animals While Addressing Public Safety

     In a letter to New York Governor Kathy Hochul, Assemblyman Blumencranz said he hopes Peanut’s Law will balance animal protection, public safety, and respect for sanctuary operators.

     The proposed bill could provide meaningful protections for animals living in licensed sanctuaries. However, it remains unclear whether New York lawmakers will ultimately support the legislation.

     In the meantime, there are still ways you can help wildlife in your own community.

     Support local conservation efforts, respect wildlife habitats, and contact qualified wildlife rehabilitators when an animal needs help. Small actions can reduce the number of wild animals that eventually require sanctuary care.

 


March 2, 2021

To Representative Dina Titus for sponsoring H.R. 1442 to protect animals in emergencies at USDA-licensed facilities.


Dogs rescued from a puppy mill by NHES’ animal care facility.

Currently, over 9,000 facilities⚊animal dealers, animal exhibitors, animal transporters, and animal researchers⚊are licensed through the United States Department of Agriculture (USDA). The animals at these facilities receive minimal to no protection from the Animal Welfare Act (AWA). Sadly, due to these poor guidelines and inadequate resources to provide annual inspections, countless animals are subjected to inhumane living conditions and suffering, as seen in some commercial breeding entities known as puppy mills. 

Representative Dina Titus (D-NV) has introduced H.R. 1442 to create an amendment to the AWA to protect these animals in an emergency. H.R. 1442 is known as The Providing Responsible Emergency Plans for Animals at Risk of Emerging Disasters or The PREPARED Act. The PREPARED Act will require USDA-licensed facilities to develop contingency plans and training for their employees.

A similar plan was put in place by the USDA’s Animal Plant and Health Inspection Service (APHIS) in 2012. APHIS determined that licensed facilities should have contingency plans to care for their animals in emergencies after the devastating loss of animals’ lives in the wake of Hurricane Katrina and other natural disasters. This evaluation by APHIS resulted in the creation of 9 C.F.R. § 2.134(a), stating that “Dealers, exhibitors, intermediate handlers, and carriers must develop, document, and follow an appropriate plan to provide for the humane handling, treatment, transportation, housing, and care of their animals in the event of an emergency or disaster (one which could reasonably be anticipated and expected to be detrimental to the good health and well-being of the animals in their possession).”

Unfortunately, in 2013, a stay order was issued citing the following reason, “in order that we may undertake a review and analysis of such requirements. We intend to conduct this additional review to further consider the impact of contingency plan requirements on regulated entities, taking into account a reexamination of any unique circumstances and costs that may vary by the type and size of businesses.” No further report has been published.

If you believe that these facilities should be required to have a plan to help protect the animals in their care, please contact your legislator today!

Red squirrel sitting on a tree stump eating seeds.

Take Action

Contact Governor Hochul and show your support for Peanut’s Law.