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.

 

Paws Up! To Illinois Representative Raja Krishnamoorthi for introducing legislation that would improve the effectiveness of the Animal Welfare Act.

May 26, 2021

The Animal Welfare Act (AWA) was signed in 1966 with the intention to protect laboratory animals by holding their masters accountable. While it has helped shape the animal welfare movement for over fifty years, many people–like Congressman Raja Krishnamoorthi–believe there is much room for improvement. The Animal Welfare Enforcement Improvement Act intends to raise the bar for captive animal care across the United States, whether they be research facilities, zoos, circuses, wildlife parks, or even commercial dog breeders.

While animal dealers and exhibitors are required to obtain a license from the USDA according to AWA standards, few applications for licensing or renewal are challenged or even investigated. Even in cases where dealers have made multiple violations, their applications for renewal are generally accepted and pushed through.

This lack of accountability can often result in animal neglect and abuse when caretakers cut corners to turn a greater profit. It is the USDA’s job to enforce the AWA in order to hold these license holders to a higher standard so that they do not have the opportunity to foster atmospheres of abuse and neglect in their facilities.

The Animal Welfare Enforcement Improvement Act (AWEIA) will rectify this pervasive problem by requiring unannounced inspections prior to certification and recertification. Also, exhibitors and dealers with a history of noncompliance and violations will not be approved again, even if they try to apply under a new business name. Finally, the AWEIA would demand the USDA to publish all of their inspection records online without redactions–a practice that was halted during the Trump Administration.

Take Action: Rep. Krishnamoorthi has just introduced H.R. 3277 The Animal Welfare Enforcement Improvement Act in the House. Please contact your representatives today and ask them to support this crucial legislation!

Red squirrel sitting on a tree stump eating seeds.

Take Action

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