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 (2/13/2021): Unfortunately, the session ended before H.R. 8052 was voted on. Representative Neguse reintroduced the bill this session with H.R. 1016.

Paws Up!
August 21, 2020

To Representative Joe Neguse for introducing H.R. 8052 that will create a division within the Department of Justice to oversee the enforcement of felony animal cruelty crimes.


The passage of animal welfare laws rely on the collective efforts of individuals, communities, leaders, lawmakers, and law enforcement agencies to further increase the protection and care for the animals in our world. This task is no small feat, and progress can be slow. At times, once these laws have passed, the human resources to properly enforce them are sorely lacking.

The Animal Care program of the USDA’s Animal Plant and Health Inspection Service (APHIS) is responsible for enforcing the Animal Welfare Act (AWA). That program is a prime example of resources spread too thin for effectiveness. The AWA provides guidelines that animal facilities–commercial breeders, animal exhibitors, animal transporters, and animal research facilities–licensed through the USDA need to follow to continue to operate. Annual inspections bring to light any violations of the AWA. Sadly, even if violations are found, some may continue their business. The number of facilities an APHIS inspector is responsible for can range anywhere from 45-50. (In 2019, 157 Animal Care inspectors were employed and, currently, there are over 7,000 licensed facilities throughout the U.S.) That number may be difficult to monitor annually, depending on the geographic location.

Representative Joe Neguse (D-CO) recently introduced H.R. 8052, The Animal Cruelty Enforcement (ACE) Act, to bring swift justice for the many animals who have suffered egregiously at the hands of abusers.

The ACE Act seeks to combat animal cruelty crimes such as animal fighting, animal crushing, and other brutal acts like starvation and lack of veterinary care that occur in poorly monitored facilities licensed through the USDA. The ACE Act will accomplish this by creating a specific team within the U.S. Department of Justice Environment and Natural Resources Division who will focus on the enforcement of sentencing for these horrific crimes.


Take Action: Please contact your representative to show your support for The Animal Cruelty Enforcement Act today. Here is a helpful resource to call or write your representative.

Red squirrel sitting on a tree stump eating seeds.

Take Action

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