Animal Law Oakland CA

Animal Law

Several federal, state and local laws have been passed regarding animals. The majority of these laws focus on the protection of animals as well as pet ownership, sale, and breeding. Animal Law also deal with legal issues such as veterinary malpractice, food production, use of animals for entertainment purposes, property rental for pet owners pets, and providing for the care of pets after the death of its owner. The following paragraphs briefly describe some of the key areas of law concerning animals.

The Animal Welfare Act (AWA) is the main federal statute governing the regulation of animals. The AWA was passed by Congress in 1966. Among other things, the AWA requires that minimum standards of care and treatment be provided for certain animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. It states that individuals who operate facilities in these categories must provide their animals with adequate care and treatment in the areas of housing, handling, sanitation, nutrition, water, veterinary care, and protection from extreme weather and temperatures.

The AWA primarily deals with the regulation of warm blooded animals such as mammals and birds. Cold blooded animals like snakes and bees are exempt from the Act. The AWA requires licensing and inspection of dog and cat dealers and humane handling at auction sales. It also prohibits “animal fighting ventures” such as dog or cock fights. Currently, dog fighting is prohibited in all states. Cock fighting is only legal in Oklahoma, Louisiana, and New Mexico.

Research facilities that use animals in experiments are governed by the AWA. If a research facility violates any provision of the Act, the facility can be subject to a civil penalty fine of $500 for each offense, and furthermore, each day during which such failure continues shall be deemed a separate offense.

The Animal Welfare Act also contains provisions to prevent cruelty to animals. In addition, many states have passed animal cruelty laws that carry criminal and/or civil penalties. Depending on your state laws, if your pet has been injured or killed because of abusive or cruel behavior of someone else, you may file criminal charges and/or sue that person in civil court and seek damages for the injury or loss of your pet.

According to the American Pet Producers Manufacturers Association, more than 63% of U.S. households own a pet. This equates to 71.1 millions homes. Total U.S. pet expenditures are estimated at around $40 billion annually. Pet sales are big business.

On some occasions, consumers purchase animals that are ill or not exactly what was bargained for. Several states have enacted Pet Lemon Laws to deal with this issue. Typically under a Pet Lemon Law, if you have purchased a pet from a pet store, dealer, or licensed breeder and the animal is sick or problematic, you have options. You can return the pet for a refund (including any veterinary bills), exchang...