welfare in the law - state laws

animal protection: California

felony penalties for:

• animal cruelty

• animal neglect

• fighting

Must prove malicious intent for felony conviction

mandatory forfeit by court order upon conviction

cruelty to animals

• every person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal or maliciously and intentionally kill an animal is guilty of a crime

  • applies to any mammal, bird, reptile, amphibian, or fish

neglect

every owner, driver, or keeper of any animal who permits the animal to be in any building, enclosure, lane, street

- animal confinement

- animal endangerment

• dog left in hot car

• hoarding

• malnutrition

• abandonment

veterinarians role

• most states no have some law that either mandate reporting by licensed veterinarians to report instances of animal abuse/cruelty in either statue or regulation

OR

• have stand alone laws the provide immunity for the report of cases of animal cruelty (vet or non-vet)

California, Arizona, Illinois, Minnesota and Wisconsin mandate reporting when there is a reasonable belief that a dog was injured or killed as a result of its participation in a staged animal fight

Regulation on commercial farms

the USDA is the primary federal agency charged with regulating animal food production and slaughter industries, through sub-agency programs

• humane slaughter act

• federal meat inspection act

commercial farm challenge

there is no federal policies on standards for the humane care of different farm animals

‘whistleblowers’ are one way that cruelty cases in agriculture come to light

Ag Gag Laws

state laws that forbid the act of undercover filming or photography of activity on farms without the consent of their owner - particularly targeting whistleblowers of animal rights abuses at these facilities

• general consensus believes these laws to be unethical seen as hiding

ASPCA research

american views on criminalizing undercover recording of livestock operations:

• nearly 2/3 of american adults disagree with ag gag laws which would make it a crime to record

the strong opposition to criminalization of undercover industrial farm investigations crosses all key demphraphic, geographical, and partisan lines

federal meat inspection act

• requires that animals lying down to be removed but gives discretion to federal inspectors to determine whether the livestock can recover sufficiently and become fit for slaughter and human consumption