Animal Welfare Act
Title |
Summary |
|---|---|
| Slavin v. United States |
|
| Scotland - Animal Welfare - Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 | |
| Scotland - Animal Welfare - Animal Health and Welfare (Scotland) Act 2006 | |
| Scotland - Animal Welfare - 2003 Proposal | |
| Schmidt, d/b/a Top of the Ozark Auction |
The Animal and Plant Health Inspection Service (APHIS), United States Department of Agriculture instituted a disciplinary proceeding alleging that Jerome Schmidt, a veterinarian, willfully violated the regulations and standards promulgated under the Animal Welfare Act. The alleged violations were based upon ten inspections conducted by a USDA inspector of Schmidt’s Top of the Ozark Auction facility where he conducted dog auctions. The 36 alleged violations centered on housing standards, structural soundness, soundness and security of the enclosures, house keeping and sanitation, trash on the premises, sufficiency of the lighting, the adequacy of the Schmidt’s insect and rodent control program, and interference and refusal of access to a USDA inspector. The Court found that the frequent inspections of Schmidt’s auction facility were inconsistent with and not based upon an objective risk-based assessment. None of the inspections, with the potential exception of one, conformed to the requirements of established Agency guidelines or policy. The inspector’s findings were exaggerated, biased, and unsupported by sufficient credible objective evidence of non-compliance. The egregious behavior of the inspector tainted the inspection results and, therefore, were precluded from being used for the purposes of an enforcement action. The Court ultimately dismissed the complaint against Schmidt and directed the Administrator of APHIS to take appropriate action to insure that the published polices and procedures of the Department are followed by APHIS personnel in future inspections. |
| SAMUEL ZIMMERMAN v. UNITED STATES OF AMERICA AND SECRETARY OF AGRICULTURE |
Agency's choice of sanction is not to be overturned unless it is unwarranted by law, unjustified by facts, or represents abuse of discretion; sanction is not rendered invalid in particular case because it is more severe than sanctions imposed in other cases. |
| Salzer v. King Kong Zoo | The Plaintiffs appeal from an order granting dismissal of their complaint for lack of subject matter jurisdiction. In 2014, Plaintiffs filed a civil suit under North Carolina's anti-cruelty "citizen suit" provision, N.C. Gen.Stat. § 19A–1, against King Kong Zoo. Plaintiffs contended that the zoo kept animals in "grossly substandard" conditions. King Kong Zoo is an Animal Welfare Act (“AWA”) licensed exhibitor of wild and domestic animals. The district court granted Defendants' motion to dismiss for lack of subject matter jurisdiction, finding that the applicable law here is the AWA and “N.C. Gen.Stat. § 19A–1 ... has no application to licensed zoo operations.” On appeal, this Court found in a matter of first impression that the AWA does not expressly preempt claims under N.C. Gen.Stat. § 19A. Instead, the AWA "empowers Section 19A to work in conjunction with the AWA." The Court also found no conflict of law that would preclude bringing the action. The matter was reversed and remanded to the Cherokee County District Court for determination consistent with this opinion. |
| RSPCA v. McCormick | It was held that for an animal fight to have taken place, contrary to Section 8 of the Animal Welfare Act, the following must have occurred: a "protected animal" must have been placed with another animal in an environment where the ability of both to escape is restricted and controlled by some person or persons connected with that activity or by some artificial restraint. ‘Placed with’ is to be construed as a ‘matter of normal language.’ |
| Robinson v. U.S. |
|
| Revision of the AWA and Removal of Zoos as an Exempt Category |