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 (2/22/23): The USDA Animal and Plant Health Inspection Service has made a final ruling to create standards of care and regulations for birds not used in research. Read more about the standards here.

Paws Up! To the USDA for considering establishing standards of care for the handling, transportation, and humane treatment of birds in the United States.

February 28, 2022

The USDA Animal and Plant Health Inspection Service (APHIS) is requesting public comments on the consideration of amending the Animal Welfare Act (AWA) to include humane standards of care for captive birds in the United States.

Millions of birds are bred in captivity and sold as pets across the United States without any federal humane standards of care, handling, or transportation. Many of these animals are subjected to uninhabitable environments, little to no veterinary care, disease, and cramped transport without temperature controls or proper ventilation.

According to the USDA APHIS website, “APHIS is asking the public to provide comments on how this proposed rule would impact the regulated community, as well as ways that APHIS might assist regulated entities with implementation of these standards, whether through documents, guides, training, or other means. APHIS also invites comments on the proposed operating standards for facilities, the proposed animal health and husbandry standards, and the proposed transportation standards.”

The proposal would help ensure that all birds subject to the AWA are bred, raised, and cared for in healthy conditions and that their physical and behavioral needs are being met. Facilities that care for these birds would be subject to proper licensing standards and unannounced inspections by APHIS.

CLICK HERE to be guided to the Federal Register where you can read the proposed rule and submit a public comment.

The USDA will accept public comments on the Federal Register until April 25, 2022.

Please make your voice heard! Submit a public comment to demand humane standards of care for birds!

Red squirrel sitting on a tree stump eating seeds.

Take Action

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