Kara Sears
Animal law is a combination of statutory and case law that relates to or impacts non-human animals. Animal protection laws can be enacted and enforced at every level of government in the United States, with most legislation happening at the state level. The Animal Welfare Act (AWA), enacted in 1966, is the primary federal animal protection law, setting standards for the treatment of animals in research, teaching, testing, exhibition, transport, and by dealers. The PACT Act, enacted in 2019, criminalizes specific forms of animal cruelty, such as crushing, burning, and sexual exploitation. Other notable pieces of legislation include the Swine Health Protection Act and various state-level initiatives. The field of animal law continues to evolve, with dedicated courses and programs emerging in universities worldwide.
| Characteristics | Values |
|---|---|
| Animal law courses | Taught in universities in Brazil, Argentina, Chile, Spain, Kazakhstan, and the US |
| Animal protection laws | Enacted and enforced at every level of the US government, mostly at the state level |
| Federal animal protection laws | Animal Welfare Act (AWA), PACT Act, Swine Health Protection Act, Animal Crush Video Prohibition Act |
| AWA coverage | Animals in research, teaching, testing, exhibition, transport, zoos, labs, commercially bred and sold |
| AWA exclusions | Farm animals, food, fur, other agricultural purposes, privately owned pets, carriage horses, hunting activities |
| State and local laws | Govern the treatment of farm animals, set minimum standards of animal care, regulate pet stores, enact laws on farm animal confinement |
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The Animal Welfare Act
The AWA establishes minimum standards of care that must be provided for animals, including housing, handling, sanitation, food, water, veterinary care, and protection from weather extremes. It directs the Secretary of the United States Department of Agriculture to set these standards regarding the "handling, care, treatment, and transportation" of animals. The law covers warm-blooded species but expressly excludes birds, rats of the genus Rattus, mice of the genus Mus, horses not used for research, and other farm animals.
The AWA applies to animal carriers, handlers, dealers, breeders, exhibitors, transporters, and researchers. Dog fighting and cockfighting are prohibited under the AWA, as long as the activity crosses state lines. The law is enforced by the USDA's Animal and Plant Health Inspection Service (APHIS) and Animal Care.
The "gray book", updated in 2023, provides guidelines for dealers, exhibitors, transporters, and researchers regulated by the AWA. The AWA's annual reporting defines pain categories and provides examples of procedures that fall under each category. The National Agricultural Library's Animal Welfare Information Center (AWIC) provides information on the AWA to help people understand the law and its requirements.
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The PACT Act
While the PACT Act is a significant step forward for animal protection, it is important to note that it has some limitations. The vast majority of animal cruelty laws are enforced at the state level, and the PACT Act is one of only a handful of federal animal protection laws.
Other examples of federal animal protection laws in the United States include the Animal Welfare Act (AWA), which was signed into law in 1966 and amended several times since. The AWA sets minimum standards for the care and treatment of certain animals, including those kept at zoos, used in laboratories, commercially bred and sold, and transported. The law also prohibits dog fighting and cockfighting if the activity crosses state lines. However, the AWA does not cover animals used for food, fur, or other agricultural purposes, nor does it apply to privately owned pets or hunting activities.
In addition to federal laws, animal protection legislation can also be enacted and enforced at the state and local levels of government in the United States. For example, some states have enacted laws regarding farm animal confinement, requiring that animals be given a minimum amount of housing space. State and local laws also typically govern the treatment of farm animals and pets.
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State and local laws
In the United States, animal protection laws can be enacted and enforced at every level of government, but most animal protection legislation happens at the state and local levels. While the federal Animal Welfare Act (AWA) regulates the treatment of animals in research, teaching, testing, exhibition, transport, and by dealers, it does not cover farm animals used for food, fibre, or other agricultural purposes. The treatment of these animals is typically governed by state and local laws, with each state having its own Department of Agriculture.
Some U.S. states have enacted laws regarding farm animal confinement, requiring that animals be given a certain amount of housing space. For example, Michigan has set minimum standards of animal care, inspection provisions, and penalties for violations by commercial dog breeders. Additionally, Michigan's "lemon laws" protect customers who purchase sick animals from pet stores.
The Swine Health Protection Act, passed in 1980 and enforced by the U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS), is an anti-garbage feeding law designed to minimise threats to public health, including the heightened risk of zoonotic diseases. While "garbage feeding" is illegal under the act, states can create regulated permitted programs if they choose to.
The PACT (Preventing Animal Cruelty and Torture) Act, signed into law in 2019, makes certain egregious forms of animal cruelty federal crimes. While this act is a significant step forward for animals, it is important to note that most animal cruelty laws are at the state level.
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Tort law
Animal law is a combination of statutory and case law that considers the legal, social, and biological nature of non-human animals. Animal law covers companion animals, wildlife, animals used in entertainment, and animals raised for food and research. Tort law is one of the traditional areas of law that animal law affects.
In the United States, animal protection laws can be enacted and enforced at every level of government, although most animal protection legislation happens at the state level. There are also a few federal animal protection laws, such as the Animal Welfare Act (AWA), which was signed into law in 1966. The AWA regulates the treatment of animals in research, teaching, testing, exhibition, transport, and by dealers. It also prohibits dog fighting and cockfighting if the activity crosses state lines. However, the USDA's regulatory authority does not extend to farm animals used for food, fiber, or other agricultural purposes, which are typically governed by state and local laws.
When it comes to wild animals, the defendant is strictly liable for any harm caused by their normal or abnormal dangerous propensities. The defendant is not required to have prior knowledge of these propensities. In the case of zoo keepers, they are not strictly liable for injuries inflicted by animals in their care, and plaintiffs would have to prove ordinary negligence. Strict liability also depends on the status of the plaintiff on the defendant's land. If the plaintiff is an invitee or licensee, strict liability will apply. However, if the plaintiff is an unknown trespasser, they are not entitled to any recovery for their injuries, even under ordinary negligence. An exception to this is in the case of watchdog bites, where the defendant may be liable unless adequate warnings are posted.
The PACT (Preventing Animal Cruelty and Torture) Act, signed into law in 2019, is another example of tort law pertaining to animals. The PACT Act criminalizes specific egregious forms of animal cruelty, such as crushing, burning, drowning, suffocating, impaling, and sexual exploitation. It also bans the creation and distribution of "crush videos," which involve the torture and killing of small animals.
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Environmental law
Factory farming, or industrial agriculture, is a highly intensive and mechanized form of agriculture that aims to maximize production while minimizing costs. This form of agriculture often involves the use of large-scale machinery, genetically modified organisms, and chemical inputs such as pesticides and fertilizers. Factory farming can have significant environmental impacts, including water pollution, soil degradation, and increased greenhouse gas emissions.
Environmental pollution refers to the contamination of the natural environment by various substances, such as chemicals, waste, or noise. Pollution can have detrimental effects on ecosystems and the organisms that inhabit them, including animals. Water pollution, air pollution, and soil pollution are all subsets of environmental pollution.
Climate change is another critical area of focus for environmental law. Climate change refers to long-term changes in global or regional climate patterns, primarily driven by human activities that increase greenhouse gas concentrations in the Earth's atmosphere. Climate change poses significant risks to ecosystems and biodiversity, threatening the habitats and survival of numerous animal species.
Fishing and wildlife management are also encompassed within environmental law. Overfishing, illegal fishing practices, and habitat destruction can have severe consequences for aquatic ecosystems and wildlife populations. Environmental laws aim to regulate fishing activities, protect endangered species, and conserve natural resources.
In conclusion, environmental law plays a crucial role in safeguarding animal welfare and the natural world. By addressing issues related to factory farming, environmental pollution, climate change, and fishing, environmental laws strive to protect ecosystems, preserve biodiversity, and ensure the sustainable use of natural resources for both human and animal benefit.
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Frequently asked questions
Animal law is a combination of statutory and case law that relates to or impacts non-human animals. It covers companion animals, wildlife, animals used in entertainment, research, and those raised for food.
The Animal Welfare Act is a federal law in the United States that was enacted in 1966. It sets standards for the humane care and treatment of animals in research, teaching, testing, exhibition, transport, and by dealers. The AWA does not cover animals used for food, fur, or other agricultural purposes, nor does it apply to privately owned pets.
Most animal protection laws in the United States are enacted at the state level. For example, some states have laws regarding farm animal confinement, requiring minimum housing space for animals. States also regulate the treatment of farm animals and pets, and have laws governing pet stores and commercial dog breeders.
In addition to the Animal Welfare Act, other federal laws in the United States that protect animals include the PACT (Preventing Animal Cruelty and Torture) Act, the Swine Health Protection Act, and the Lacey Act, which prohibits the falsification of documents regarding the sale and shipment of wildlife.
