Animal Welfare Act

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Titlesort descending Summary
Detailed Discussion of Commercial Breeders and Puppy Mills This paper gives an overview of the commercial breeding industry in the United States, beginning with a discussion of the industry’s various market forms, including brick and mortar pet stores, Internet websites, and foreign breeders. The paper then examines the underlying federal law and administrative regulations that provide minimum care standards for certain breeders. What follows is information on various state laws and recent legislation, including an examination of the increasing prevalence of local laws that address the puppy mill industry. The paper then explains the enforcement of puppy mill laws, which is criticized as insufficient to address the problem, and concludes with the observation that local laws and consumer education appear to be the most feasible solutions to combatting the prevalence of commercial breeding.
Detailed Discussion of Medical Research and Animals This paper will examine the various federal regulations on animal biomedical testing within the United States as well as the industry’s standards and trends. The first four sections examine the FDA requirements for medical products in the United States, federal animal welfare regulations, the general structure of a research facility, and industry regulations for animal use. The second half of this paper examines the species of animals used in research as well as their source of purchase. Accepted methods of euthanasia per species are also examined. By comparing the options available for a research facility to animal use regulations in the United States, it is hoped that the structure of animal welfare in the laboratory can be understood from both economic and legal motivations that influence animal research use today.
Detailed Discussion of Welfare Standards for Animals Used in Zoos and Exhibition This paper will discuss federal, state, and private regulation of zoos, aquariums, and sanctuaries. It highlights the ways in which these regulatory mechanisms fail to adequately protect captive wildlife, whether they be held at larger, accreditor facilities or small, roadside zoos. It also highlights meaningful distinctions separating credible zoos, aquariums, and sanctuaries from problematic roadside zoos through compliance with government standards or those set through voluntary, private accreditation.
Diercks v. Wisconsin


An owner of a greyhound kennel was suspected of giving her dogs illegal steroids because an informant told the government agency this was happening. The particular steroid used was impossible to detect using urine samples, so the government agency, without a warrant, installed covert video cameras in the kennel and that way determined that the owner was injecting her dogs. The owner claimed this violated her Fourth Amendment search and seizure rights, and the court agreed; however, the agency actors were not liable because the state of the law on this issue was not clear and it was reasonable for them to think they could legally install the video surveillance system.
Dog Auctions and Retail Rescue
Doris Day Animal League v. Veneman

Animal rights group brought action challenging validity of regulation exempting breeders who sell dogs from their residences from licensure under Animal Welfare Act. The United States District Court for the District of Columbia, Colleen Kollar-Kotelly, J., held that regulation was invalid, and appeal was taken. The Court of Appeals, Randolph, Circuit Judge, held that regulation was reasonable interpretation of Congressional intent.
E. LEE COX AND BECKY COX, D/B/A PIXY PALS KENNEL, PETITIONERS v. UNITED STATES DEPARTMENT OF AGRICULTURE, RESPONDENT


Lee and Becky Cox, owners of Pixy Pals Kennel, petitioned for review of a decision of the Department of Agriculture suspending their license for ninety days, imposing a $12,000 civil fine, and ordering the Coxes to cease and desist from specified violations of the Animal Welfare Act. The Coxes claim that (1) the suspension violated s 558(c) of the Administrative Procedure Act because there was insufficient evidence to support the Department's finding that their violations of the Animal Welfare Act were willful; (2) they were unconstitutionally penalized for exercising their first amendment rights; and (3) the sanctions imposed on them were excessive. In affirming the USDA decision, the Eighth Circuit held that the definition of "willfulness" was not called into question; rather the Department had presented substantial evidence to demonstrate willfulness. Further, since petitioners' first amendment claim concerned the Department's "motivations," the court held that proof of motivation is a question of fact rather than law, not subject to de novo review. The sanction imposed by the Department, although severe, was not excessive given the size of petitioners' business and the severity of the violations.
Eckhart v. Department of Agriculture


A dog kennel operator acquired 30 dogs while under a revised notice to cease and desist operating a kennel and from buying dogs. The Commonwealth Court affirmed fines imposed by the Department of Agriculture, holding that the fines for violation of the dog law were not excessive or unreasonable; that fines for failure to comply with conditions of the revised notice were not unconstitutionally excessive or unreasonable; and that enforcement of orders by Bureau of Dog Law Enforcement pending appeal were not staid by the doctrine of equitable estoppel.
England and Wales - Cruelty - Animal Welfare Act 2006 An Act establishing penalties for engaging in certain activities that are considered detrimental to animal welfare. Activities that constitute offenses include: causing an animal unnecessary suffering, mutilating an animal’s body, docking a dog’s tail (with certain limited exceptions), administering a poisonous or injurious substance to an animal, and engaging in or attending animal fighting. Nothing in the Act applies to anything lawfully done under the Animals (Scientific Procedures) Act 1986 or to anything which occurs in the normal course of fishing.
Failure to Launch: The Lack of Implementation and Enforcement of the Animal Welfare Act Failure to launch syndrome “is an increasingly popular way to describe the difficulties some young adults face when transitioning into the next phase of development—a stage which involves greater independence and responsibility.” One might say that the Animal Welfare Act suffers from failure to launch syndrome. The Animal Welfare Act was passed over fifty years ago and yet, it has not matured past its infancy in terms of effectively preventing unnecessary and inhumane animal experiments. This article will explore the failures of Congress, the United States Department of Agriculture (USDA), the Institutional Animal Care and Use Committees (IACUCs), research facilities, and funding agencies to implement and enforce the Animal Welfare Act.

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