Animal Protection Laws and How They Work

Animal protection laws safeguard animals from abuse, neglect, and exploitation. These laws can vary at federal, state, and local levels, addressing various small-to-large-scale acts of cruelty to animals. From pet parenthood rules and regulations all the way to enforcing more humane treatment in industries that profit from animal suffering, such as puppy mills and factory farms, animal protection laws stand up for those who can’t stand up for themselves.

Below, we break down how these laws may affect you. But we also address how existing laws work alone (or in conjunction with another law), as well as what’s on the frontier in terms of new protections for animals.  

Pet ownership laws 

What are typical licensing and registration requirements?

When you bring home a new pet, the requirements for licensing and registration depend on your state. 

“Most jurisdictions have dog licensing or registration requirements. A few have laws around spay and neuter of pets. Some require certain vaccinations, but it’s not a really active area,” says Jonathan Lovvorn, Chief Counsel and Senior Vice President of Animal Protection Law at the Humane Society of the United States. “Those licensing laws are widely disregarded. They’re helpful, but they’re not really a core area where animals are being protected. They’re a little bit arcane.”

Still, pet parents should check local laws regarding pet ownership and vaccination requirements. Once you establish care for your pet, your veterinarian can be a helpful resource for guidance.

Are there specific laws about pet care?

Pet parents are bound by state animal cruelty laws. To that end, across the country, there have been cases of neglect, failure to provide adequate food and shelter, and more. 

“Some states have good laws on this. Other states have really poor laws on it, but I definitely encourage people to seek out animal resources about handling those problems,” says Lovvorn. “And of course, if an animal is currently freezing to death or something of that nature, then animal control or law enforcement may need to be the first call.”

“Unfortunately,” he adds, “what we’ve found is that most of those cases are either economically driven or potentially mental-health driven. Sometimes the criminal code can be a very poor remedy for that.” 

Are there leash laws and public space regulations?

There are generally leash laws and other public space regulations in most communities, but this depends on where you live. Keeping your pup on a leash is for their safety as well as your own: an unleashed dog may become aggressive when another dog unexpectedly gets in their space. The best way to prevent fights or injuries is for pet parents to have control over their animals at all times, unless in designated dog parks or other areas that clearly allow off-leash dogs. Even in these spaces, you should still monitor your dog and be aware of your surroundings, just in case. 

Lovvorn says this is another “widely disregarded area of law.” The simplest way to adhere to these laws is to be cognizant of signage when you and your pup are out and about. If you want to be extra sure, search online or call your local authorities for clarity.

“I advise both jurisdictions and people running dog parks — and other places where people take their dogs — to just have very clear guidelines about what’s in and out of bounds,” he says. “Like, I know some cities have rules where off-leash dogs can be on the beach, but only between 7 and 8 a.m. They set aside time so that it’s not interfering with other people’s use of the resource.”

Service and emotional support animals

Laws surrounding service and emotional support animals are mostly aimed at legislating where they can go and who can access them. Service animals are trained to perform tasks that assist people with physical or sensory disabilities. Emotional support animals provide comfort to those with mental health conditions and often require a written letter from a mental health professional. While pets and emotional support animals are usually not allowed in public spaces (except air travel for ESAs), service dogs, as mandated by the Americans with Disabilities Act, are. 

“It’s an ongoing, adapting conversation. And the problem is, a lot of people who rely on service dogs or emotional support animals get very angry with people cheating that system because it leads to generalized crackdowns,” Lovvorn says. “Animal law is not immune from any other area of the law where people are very creative in finding ways to avoid whatever restrictions you might put on them.”

Meanwhile, although the Americans with Disabilities Act protects the rights of service animal handlers, there are currently no laws that specify protections for these animals if they are abused.

Which protections exist for K-9 units and search-and-rescue dogs?

Dogs in professional law enforcement settings (including those in the military or other areas such as search-and-rescue) are “incredibly well-treated,” according to Lovvorn. “I think it’s one of the most scrutinized areas, and there are heightened protections because some of those dogs get shot or attacked.” Some laws slap an elevated charge on those who willfully and maliciously harm a police animal. 

Pet adoption laws

What are puppy lemon laws? Which states have them?

Puppy lemon laws work the same as a car lemon law: If you bring your new dog home and they have any health issues, you have certain rights for compensation or even returning the animal. 

“Some of the early efforts on puppy mill legislation were focused around so-called puppy lemon laws. The problem with a lemon law approach to puppy sales is [that] a dog is not a car,” says Lovvorn. 

“Under most of the laws, the dog owner is offered a refund, another puppy, or reimbursement of veterinary bills up to the purchase price of the puppy within a certain period of time,” the Humane Society of the United States writes in its FAQ on puppy mills. “But when faced with a sick or dying puppy, most people choose not to give the puppy back but rather focus their efforts on saving the animal. A common fear is that the seller will simply destroy the puppy rather than invest the money and time into restoring the animal's health.” 

“Dogs become part of our family, so a puppy lemon law approach has not been terribly effective, in my opinion,” Lovvorn says. “That’s why we see other laws…making sure that if people are sourcing animals commercially, rather than adopting them, that they’re using small or humane breeders and getting the large-scale puppy mills out of the market.”

What is the difference between federal and state animal protection laws?

The difference between federal and state animal protection laws is that federal protection can supersede state laws that don’t do enough (or are too nuanced) to safeguard animals. 

“When people talk about animal cruelty and violating the cruelty code, we’re almost exclusively talking about the traditional anti-cruelty acts that exist at the state level,” explains Lovvorn. “What they basically say is, acts of extreme cruelty — things designed to make animals suffer — violate the criminal code.”

What gets tricky is that there are many exceptions on the state level to animal protection laws for various industries such as factory farming, hunting, and animal research. This is when federal oversight may come into play. 

What are some federal animal protection laws in the U.S.?

Twenty-Eight Hour Law

The Twenty-Eight Hour Law mandates the humane treatment of livestock during transportation. The law, enacted in 1873, requires that livestock transported for 28 consecutive hours must be unloaded for at least five hours to rest, eat, and drink. This law is enforced by the U.S. Department of Agriculture.

Animal Welfare Act

The Animal Welfare Act is the only U.S. federal law regulating the treatment of animals in research, teaching, testing, exhibition, and transport. It primarily covers animals in zoos, laboratories, and commercial breeding facilities (puppy mills). While the AWA also prohibits dog fighting and cockfighting, its jurisdiction is limited on that front.

Endangered Species Act

The Endangered Species Act (ESA) protects endangered and threatened plants and animals to prevent their extinction. The ESA also influences broader conservation efforts, such as the prevention of illegal wildlife trade for pets.

Humane Methods of Slaughter Act

The Humane Methods of Slaughter Act (HMSA) ensures the humane treatment of livestock. The law requires quick, effective methods to minimize animal suffering. Enacted in 1958 and enforced by the USDA, the HMSA was amended in 1978 to empower inspectors to stop inhumane practices. The act applies to all livestock except poultry, which is overseen by the Poultry Products Inspection Act.

Marine Mammal Protection Act

The Marine Mammal Protection Act of 1972 was created to protect marine mammals such as whales, dolphins, seals, and sea lions. It aims to prevent these animals from becoming endangered or extinct due to human activities. This law was a big step forward in protecting marine ecosystems.

For more details about the above laws and more, visit the U.S. Department of Justice, the Humane Society Legislative Fund, and the Animal Legal Defense Fund.

What are state-specific animal protection laws?

While there’s a level of uniformity to cruelty codes, each of the 50 U.S. states does things their own way. Standards may differ by state, as may industries and actions that are exempt from those laws.

“Some states will use slightly different language, like one will say, ‘unnecessary suffering’ triggers a cruelty code, others will say ‘egregious acts,’” Lovvorn says. “But the basic rule at the state level is a completely outrageous act that causes extreme suffering for animals, usually for no other purpose.”

“Every state has some version of the animal cruelty law, but some of the exclusions and inclusions can be a little different,” he continues. “For example, California and New York do not have a wholesale exclusion of animals raised for food, while most other states do. But the basic prohibitions are somewhat the same.” Meanwhile, according to the Animal Legal Defense Fund, 15 states now require social services workers — and more than 20 states require veterinarians — to report suspected animal cruelty.

Lovvorn explains that there is also a second phase of state law: civil or local overlays, that have developed over the past 20 years. These laws hone in on more specific acts, such as banning the sale of dogs from puppy mills, preventing farm animals from extreme confinement, and restricting trade in places with endangered wildlife.

“Virtually all the legislative action is in that ‘phase two’ of animal law — laws that are aimed at some of the more abusive commercial practices. Candidly, [this] is where 99.9 percent of animal abuse lives. Most of it is indifference in the interest of profit,” Lovvorn explains. “So these laws are aimed specifically at the type of things that the cruelty codes exempt.”

Things like battery cages, gestation crates, and extreme confinement are commonly used in factory farming, but are not subject to the cruelty code. However, in more than a dozen states now, new laws have been passed to restrict these extreme methods of confinement. 

Recent developments in animal law 

Lovvorn says developments in animal law are happening constantly. Industries taken for granted as being acceptable without regulation, such as factory farms and animal research, are being reevaluated.

“This is one of the fastest moving areas, in terms of new laws,” he says. “I think the fact that a major animal protection law involving farm animals, which historically has been one of the most neglected areas, went before the Supreme Court and won is really striking.”

He’s referring to Prop 12, a landmark victory for animal welfare in California, which requires that veal calves, breeding pigs, and egg-laying hens live in more spacious, cage-free conditions. It also prohibits businesses from selling meat and eggs that come from places violating this edict.  

“We’re in the midst of a real conversation about the role of animals in society, and we’re seeing a lot of lawmaking in all 50 states on these topics,” says Lovvorn. “An animal protection law asks a fundamental question that we have to answer which is, ‘What are we going to do to protect those who can’t protect themselves in the legal system?’ And so, it’s not just a question of how we treat animals, but it’s a question of how society treats the voiceless.”

Commonly asked questions

Is it illegal to declaw cats?

Cat declawing is illegal in two states (Maryland and New York) and several cities across the U.S. Most veterinarians will decline this surgery unless medically necessary. Declawing is not simply a nail trim. It involves removing the bone the nails grow from and is essentially a toe amputation, the equivalent of removing human fingertips at the first knuckle. While it may seem convenient, it has real consequences, causing a cat permanent pain, instability, and increased anxiety in those who have to relearn how to walk.

How to choose a reputable pet rescue organization?

If you’re ready to bring home a new friend and want to choose a reputable pet rescue organization, start with a search on Adopt a Pet, which features adoptable pets near you from trusted rescues and shelters. You can reach out to your local Humane Society or SPCAs, which are verified nonprofits that help pets find new homes. If you go with an unverified rescue, be sure to look out for some common red flags such as complicated (or high) adoption fees and/or failure to disclose a pet’s medical history. 

References

Americans with Disabilities Act

ASPCA Improving Laws for Animals

Cat-Friendly Cities, States, and Countries Where Declawing Is Illegal

Current Legislation

Declawing the Painful Truth Factsheet

Environment and Natural Resources Division: Animal Welfare

A Humane Blog Proposition 12 Fully Implemented

How to Find a Pet Rescue? 

How to Report Animal Abuse and Cruelty 

Is Declawing A Cat Harmful?

Laws That Protect Animals

National Police Dog Foundation

Proposition 12 - Farm Animal Confinement

Puppy Mills FAQ

State and Local Animal Welfare Laws

State Farm Animal Protection Laws

State Puppy Mill Laws

Why Declawing Is Bad for Your Cat