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.

 

May 14, 2020

The Animal and Plant Health Inspection Service (APHIS) has announced improvements to the treatment of dogs at all USDA-inspected facilities, as well as provisions to prevent previous license holders to obtain license renewals if they have not met the standards of care as described in the Animal Welfare Act.

These new provisions aim to streamline the application process for compliant license holders by reducing fees and changing the renewal process from once a year to once every three years. For each renewal and new license application, applicants must show to APHIS that their facilities are compliant with Animal Welfare Act standards of care. Businesses or entities with a history of noncompliance and violations would not be able to reapply.

These USDA-licensed facilities, such as research laboratories and puppy mills, must now keep written veterinary records–which the USDA may request at any time–showing that all of their dogs receive “head to tail” veterinary check ups at least once a year including vaccinations and preventive care. Facilities are also required to provide 24-hour access to potable water for all dogs unless being transported or restricted for medical reasons by an attending veterinarian.

While these measures are improvements that will clearly benefit the animals living at USDA-licensed facilities, it is disappointing that annual vet check ups and access to water were not already being monitored and enforced as humane standards of care. The fact that the USDA must demand proof that these standards are being practiced shows that many facilities are not currently practicing them.

Take Action: This is why it is so important that we continue to speak up for the welfare of animals. The USDA formed these new rules after reading over 47,000 comments from American citizens who voiced their concerns on the federal register. You can read those comments, and the USDA’s responses, here.

Do you believe a USDA-licensed commercial animal breeder, exhibitor, or research facility is violating the Animal Welfare Act? Visit this page to file a complaint.

“The least I can do is speak out for those who cannot speak for themselves.” -Jane Goodall

Red squirrel sitting on a tree stump eating seeds.

Take Action

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