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.

 

August 28, 2019

Last Friday, several pet stores collectively filed a lawsuit against the state of Maryland, claiming a recent animal welfare law will violate their Constitutional rights. Beginning January 1, 2020, all pet stores in Maryland must source their animals from local animal shelters and animal welfare organizations, rather than commercial breeders and puppy mills. This ban on puppy mill sales is being implemented in response to the inhumane, cruel, and unsanitary conditions these commercial facilities are infamous for perpetuating.

Maryland lawmakers decided last year that the best way to stop the cruel nature of commercial breeding is by banning the sale of the animals they produce, thus forcing the industry to shut down or move elsewhere. California and Maine have recently taken similar measures to crack down on the puppy mill problem. To understand more about the horrible conditions that dogs and cats endure in commercial breeding facilities, please click here.

The lawsuit cites the U.S. Constitution’s commerce and equal protections clauses as well as other animal welfare laws that it claims the ban violates. However, the pet store owners’ greatest concern of course is not the welfare of the animals that they profit off of, but that the ban will put the stores out of business.

Take Action to Stop Puppy Mills:

  • Support local animal shelters and reputable rescue groups.
  • Only obtain dogs and puppies from reputable animal rescues and shelters.
  • Report animal cruelty.
  • Write your legislators to urge increased inspections of kennels and higher standards of care in the Animal Welfare Act.
  • Support laws and ordinances that limit or ban the sale of puppies and kittens.
  • Download and print or order NHES’ Puppy Mill brochure to distribute in your community.

Red squirrel sitting on a tree stump eating seeds.

Take Action

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