Animal Cruelty Laws: National Changes For A Kinder Future

Animal cruelty laws are a complex web of legislation that varies from country to country and even state to state. The United States, for example, has federal laws such as the Animal Welfare Act (AWA) and the PACT Act, but most animal protection legislation is enacted at the state level, with each state determining what constitutes cruelty and the penalties for committing it. This raises the question: can animal cruelty laws be changed nationally, creating a more unified approach to tackling this issue?

The history of animal cruelty laws in the US

In December 1641, the Massachusetts General Court took a pivotal step by enacting the "Body of Liberties," which prohibited "any Tirranny or Crueltie towards any bruite Creature which are usuallie kept for man’s use." This marked the entry of animal protection into the American colonial record, reflecting the beliefs of Puritan animal advocates who associated cruel dominion with the fall of Adam and Eve.

The nineteenth century witnessed a profound transformation in societal attitudes towards animals, which was mirrored in the legal system. Notable figures like Henry Bergh played a pivotal role in this era, advocating for the adoption, distribution, and enforcement of anti-cruely laws across the United States. In 1866, Bergh, a shipping heir, drafted the articles of incorporation for the American Society for the Prevention of Cruelty to Animals (ASPCA) with the support of influential allies. This was followed by the enactment of a groundbreaking state anti-cruelty law in New York in 1867, which prohibited additional forms of cruelty, including blood sports and abandonment. Bergh and his officers actively enforced this legislation, patrolling the streets in uniforms and badges.

The late 1800s saw the adoption of anti-cruelty laws that laid the foundation for modern legislation. During this period, states like New York, Michigan, Connecticut, Minnesota, and Vermont enacted laws that went beyond protecting commercially valuable animals, addressing acts of cruelty against a broader range of creatures. The New York law of 1829, for instance, prohibited the malicious killing, maiming, or wounding of another person's horse, ox, cattle, or sheep. It also criminalized the cruel beating or torture of any animal, regardless of ownership.

In the twentieth century, federal laws began to emerge, offering protection to animals beyond state boundaries. The Lacey Act, enacted in 1900, was the first federal law safeguarding wild animals by prohibiting illegal wildlife trafficking and the falsification of related documents. The Animal Welfare Act (AWA), signed into law in 1966 and amended numerous times since, is the primary federal animal protection statute. It primarily covers animals in zoos, laboratories, and commercial breeding and sales facilities, setting minimum standards for their handling, care, treatment, and transportation.

The Animal Welfare Act

Animal protection laws in the United States are enacted and enforced at various government levels, including federal, state, and local. The Animal Welfare Act (AWA), signed into law in 1966, is the primary federal animal protection law. The AWA has been amended numerous times to ensure the humane treatment of animals and sets minimum standards for their care and handling.

The AWA covers animals in research, teaching, testing, exhibition, transport, and those sold commercially. It applies to animal carriers, handlers, dealers, breeders, and exhibitors, as well as research laboratories. The Act requires minimum standards of care and treatment, including housing, handling, sanitation, food, water, veterinary care, and protection from weather extremes. The AWA also mandates that wholesale breeders and dealers who supply animals to pet stores, brokers, or research facilities be licensed with the USDA and meet these minimum standards.

The Improved Standards for Laboratory Animals Act (ISLAA), an amendment to the AWA, aims to reduce the pain and distress of animals in laboratories. It establishes an information service to provide data on alternatives to animal testing, prevent unnecessary experiments, and supply information to institutions for training personnel in humane practices. Each registered research facility must appoint a committee to inspect animal laboratories and report any issues.

The AWA is enforced by the USDA's Animal and Plant Health Inspection Service (APHIS), which conducts inspections. The APHIS provides guidance and standards to implement and enforce the AWA, including definitions for pain categories used in annual reporting. The AWA also includes requirements for reports, notifications, certifications, and record-keeping.

While the AWA is a significant federal law, it is important to note that most animal protection legislation occurs at the state level. States have felony animal cruelty laws and determine what constitutes cruelty and the associated penalties. Companion animals typically receive the strongest protection under state laws, but there have been cases of prosecutions for cruelty against wildlife and farmed animals.

State vs federal animal cruelty laws

Animal protection laws can be enacted and enforced at every level of government in the United States. However, the vast majority of animal cruelty laws are at the state level, with each state determining what constitutes cruelty and the penalties for committing it. Each of the 50 states has a felony animal cruelty law, but the definition of animal cruelty and the penalties for violent offences vary from state to state. Most of these laws focus on companion animals, such as dogs and cats, but some states include birds, horses, and other animals.

State animal protection laws are primarily concerned with companion animals, though there are also some state wildlife protection laws. Farmed animals and animals used in laboratories are often excluded from state animal protection laws, as are wildlife in some contexts. However, there have been cases where someone has been prosecuted for committing egregiously cruel acts against wildlife or farmed animals. For example, in 2017, three Florida teenagers were charged with animal cruelty for their torture of a shark.

There are only a handful of federal animal protection laws. The first federal law protecting wild animals was the Lacey Act, enacted in 1900, which banned illegal wildlife trafficking. The Animal Welfare Act (AWA), signed into law in 1966, is the primary federal animal protection law. The AWA mainly involves animals kept at zoos and used in laboratories, as well as animals that are commercially bred and sold, such as those in puppy mills. The AWA directs the Secretary of the United States Department of Agriculture to set minimum standards regarding these animals' "handling, care, treatment, and transportation." The AWA has been amended numerous times since its original passage, including the 1985 amendment, the Improved Standards for Laboratory Animals Act. The PACT Act, signed into law in 2019, creates a corresponding federal animal cruelty statute, prohibiting the purposeful crushing, burning, drowning, suffocation, impalement, or other violent acts committed against animals. However, it is important to note that the PACT Act has several limitations, including exemptions for "customary and normal" agricultural and veterinary practices, as well as slaughtering animals for food.

Animal cruelty laws and their enforcement

Animal cruelty laws have been in place in some form since the 1800s. The first known anti-cruelty law in the United States was passed before a similar law in England, though it did not lead to a social movement as was the case in England and later in New York in the 1860s. The adoption of anti-cruelty laws in the US was largely driven by Henry Bergh in New York in the 1860s and 1870s. These early laws formed the foundation for modern animal protection legislation.

In the US, animal protection laws can be enacted and enforced at every level of government, including federal, state, and local laws. Most animal protection legislation happens at the state level, with each state determining what constitutes cruelty and the penalties for committing it. While there are a handful of federal animal protection laws, such as the Animal Welfare Act (AWA) and the PACT Act, they often focus on animals in specific contexts, such as zoos, laboratories, and commercial breeding operations. The AWA, for example, directs the Secretary of the United States Department of Agriculture to set minimum standards for the "handling, care, treatment, and transportation" of covered animals. The PACT Act, while a significant step forward, has limitations, such as exemptions for certain agricultural and veterinary practices.

State animal protection laws primarily focus on companion animals, though some states also have wildlife protection laws. Companion animals, including dogs, cats, and sometimes birds and horses, typically receive the strongest level of protection under state laws. These laws often outlaw recognised forms of abuse, such as torture, mutilation, neglect, and abandonment. However, the specific definitions and penalties for animal cruelty vary from state to state, and some states require that the abuse be intentional or malicious. Additionally, certain practices, such as dogfighting and cockfighting, are illegal in most states, but their prevalence continues due to public corruption and a lack of enforcement.

Local laws and ordinances also play a role in animal protection. Some cities and counties have passed ordinances to protect animals, such as prohibiting the sale of puppy mill puppies in pet stores. These local laws can fill gaps in state and federal legislation and be more responsive to community needs and values.

While there have been significant advancements in animal protection laws, enforcement remains a challenge. Undercover investigations have revealed abuse and neglect in various industries, including factory farming and pet stores. However, due to weak protections for livestock under state cruelty laws and limited resources for enforcement, many cases go unreported or unprosecuted. Nonetheless, organisations like the Humane Society of the United States and the Animal Legal Defense Fund play a crucial role in advocating for better laws and conducting investigations to expose animal cruelty.

Animal cruelty laws in other countries

Animal cruelty laws vary significantly across the world, ranging from countries with robust animal welfare legislation to those without any anti-cruelty laws. As of November 2019, 32 countries have formally recognised non-human animal sentience, including Austria, Australia, Belgium, Bulgaria, Chile, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, New Zealand, the Netherlands, Poland, Portugal, Romania, Spain, Slovakia, Slovenia, Sweden, Switzerland, and the United Kingdom. These countries have granted a new status to animals, recognising their sentient nature and, in some cases, extracting them from the category of property.

In the United States, animal protection laws are enacted and enforced at various government levels, including federal, state, and local. The Animal Welfare Act (AWA), signed into law in 1966 and amended multiple times since, is the primary federal animal protection legislation. The AWA sets minimum standards for handling, care, treatment, and transportation of animals in zoos, laboratories, and commercial breeding and sales operations. Additionally, certain states have enacted felony animal cruelty laws and regulations governing the "hands-on" care of animals, such as vaccination requirements and shelter hold periods for strays.

Other countries have also taken steps to protect animal welfare. For instance, Bolivia became the first country to ban animal abuse and harm in circuses in 2009. The United States is unique in banning the killing of horses for consumption, while some Indian states have prohibited cow slaughter, considering it the national animal. Palitana City in Gujarat, India, went a step further by becoming the world's first legally vegetarian city in 2014.

While the existence and enforcement of animal cruelty laws are essential, it is also worth noting that religious and cultural attitudes towards animals, as well as enforcement mechanisms, play a significant role in determining animal welfare in a given country. The Voiceless Animal Cruelty Index (VACI) is a hybrid approach developed by the animal welfare group Voiceless to measure animal welfare by considering various factors, including meat and dairy consumption rates and the presence of animal welfare regulations.

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