Companion animals are those animals who share our homes and lives. Because we consider these animals to be family, because they are family, companion animals enjoy more legal protections than other animals.
Legally, the category is often limited to dogs and cats, but may also include birds, horses, and other animals as well.
Most companion animal protection legislation happens at the state level. Additionally, some cities and counties pass ordinances to protect companion animals. There are few federal protections for companion animals.
It’s critically important to advocate for better animal protection laws with lawmakers in all government bodies. Each has the power to help.
68% of American households include a companion animal (84.6 million homes)
Despite heightened public awareness, puppy mills continue to plague communities across the nation. The Animal Legal Defense is working across the country to combat puppy mills from multiple legal channels.
Declawing is an invasive surgical operation in which the last bone of each toe is amputated. The procedure is commonly performed for convenience rather than for the cat’s well-being.
New York and Maryland have banned the practice.
The Animal Welfare Act is the chief federal law concerning companion animals. Signed into law in 1966, the Animal Welfare Act (AWA) is the primary federal animal protection law. The AWA mainly involves animals kept at zoos and used in laboratories, but includes animals who are commercially bred and sold like those in puppy mills.
The AWA directs the Secretary of the United States Department of Agriculture (USDA) to set minimum standards regarding these animals’ “handling, care, treatment, and transportation.” Dog fighting is also prohibited under the Animal Welfare Act, so long as the activity in some way crosses state lines.
The AWA itself, as well as its enforcement by the Department of Agriculture, are frequently criticized for allowing puppy mill operators’ inhumane practices to go unchecked.
Because there are so many state laws involving companion animal protection, this won’t be a detailed guide, but an overview of the types of laws you’ll generally find at the state level. We recommend you check out the Animal Legal Defense Fund’s annual Rankings Report on the best and worst states for animal protection laws for more in-depth information.
Most companion animal protection laws are enacted and enforced at the state level. And state animal protection laws are primarily concerned with companion animals.
Each state has laws governing some aspects of the “hands-on” care of animals. Here are some examples:
Other companion animal protection laws are also gaining in popularity, at the state level. Examples include:
California is at the forefront of some other statewide companion animal protection measures. In 2017, California became the first state to pass a statewide “ retail pet sale ban .” Under this law, retail establishments like pet stores may only sell cats, dogs and rabbits coming from shelters and rescue groups — and not from commercial breeders. Maryland passed its own statewide retail pet sale ban in 2018, becoming the second state with this type of law.
Many other companion animal protection measures are enacted and enforced at the local level. Examples include:
While state and federal laws would offer more protection to more animals, these local laws are very important. They not only protect the companion animals in that area – but can also act as a bellwether for more expansive protections to come.
It is not infrequent for new companion animal protection measures to begin at the city or county level, and then as the public increasingly demands it, to be taken up by the state legislators.
