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.

 

Update (9/25/20): Governor Newsom signed AB 2152 on 9/18/20.

Paws Up!
April 23, 2020

To California’s Assemblyman Patrick O’Donnell (D) and Assemblyman Todd Gloria (D) for sponsoring additional legislation to help close loopholes in the state’s current puppy mill ban.

California legislators started the process to help put an end to fueling puppy mills back in 2017 by introducing a bill that would prohibit their retailers. This bill states that pet stores are only allowed to acquire their cats, dogs, and rabbits from animal shelters, humane societies, rescue groups, and animal control agencies. It was signed into law October 2017 and went into effect January 2019.

Since its passage, a new problem emerged because of the insatiable greed of puppy mill owners. A puppy mill broker in Iowa evaded California’s ban by masquerading as a rescue group. Last year, Iowa’s Attorney General sued and shut down the suspected puppy laundering ring–Hobo K-9 Rescue in Britt, Iowa, and Rescue Pets Iowa Corp. They were both created and used as a front to carry out selling dogs for J.A.K’s Puppies Inc., a for-profit breeder, located in Britt, Iowa. It is assumed at least 3,600 puppies were transferred to retailers in Florida, Illinois, New Jersey, and California from 2016-2019 with the premise that they were from a so-called “rescue.”

In order to combat this new form of deception, California Assemblyman Patrick O’Donnell has sponsored Assembly Bill 2117 that would remove humane societies and rescue groups as sources from which retailers could acquire animals. Any retailer found guilty of selling dogs from a puppy mill would face a misdemeanor charge. Additionally, Assemblyman Todd Gloria has gone a step further by sponsoring Assembly Bill 2152. AB 2152 would remove retailers from profiting from the sale of any dog, cat, or rabbit, altogether by only allowing them to provide a space for rescue groups, animal control agencies or shelters, the society for the prevention of cruelty to animals shelter, and humane societies so that they can showcase their animals for adoption. Retailers would not receive any monetary funds for this provision and any violation would result in a misdemeanor charge.


Take Action: Californians, if you believe that stricter steps need to be taken to ensure puppy mills are deterred, contact your representative today to help create a more humane world for the many companion animals who are suffering for profit.

Red squirrel sitting on a tree stump eating seeds.

Take Action

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