Animal Welfare Enforcement Gets a Boost: New Bill Gives AG Power to Sue, Impose $10k Daily Fines

The "Better CARE for Animals Act of 2025" proposes significant enhancements to how the Animal Welfare Act (AWA) is enforced. At its core, this bill aims to strengthen accountability by granting new powers to the Attorney General (AG), including the ability to pursue civil actions and impose hefty penalties of up to $10,000 per violation, per day. It also clarifies inspector roles and tightens rules for animal dealers and exhibitors.

Beefing Up Enforcement: The AG's New Toolkit

A major shift in this bill is the introduction of a new Section 20 into the Animal Welfare Act. This section hands the Attorney General a new set of tools to go after violators. Think of it like this: if someone's breaking AWA rules – which cover standards for animal care in places like commercial breeding facilities, research labs, and zoos – the AG can now step in directly. This includes seeking restraining orders, injunctions (court orders to stop certain activities), pushing for license revocations, and levying those substantial daily fines.

Furthermore, the AG will have the authority to seize animals subjected to violations, following procedures outlined in chapter 46 of title 18, United States Code (which deals with federal forfeiture of assets linked to illegal activities). Crucially, the costs for transferring and caring for these seized animals can be billed back to those responsible for the violations. The bill also empowers the AG to obtain warrants for enforcement. This doesn't sideline the Secretary of Agriculture; instead, their enforcement powers are designed to work in parallel. To ensure everyone's on the same page, the Secretary of Agriculture and the AG are required to develop a memorandum of understanding (MOU) within 180 days to implement these changes, including sharing information on repeat offenders.

Closing Loopholes: Inspections, Licensing, and Penalties

Beyond the AG's new powers, the bill makes other important tweaks. Firstly, it clarifies that individuals inspecting facilities under the AWA must be actual employees of the Department of Agriculture (USDA), as stated in the amendment to Section 2 of the Animal Welfare Act. This aims to ensure consistency and accountability in oversight.

Secondly, Section 4 of the Animal Welfare Act is revised to explicitly prohibit unlicensed dealers or exhibitors from exhibiting, purchasing, selling, transporting, or even offering to do any of these things with any animal in commerce. So, if you're not licensed, you're out of the commercial animal game.

The bill also broadens the scope of existing rules. Amendments to Section 16(c) and Section 19 of the AWA mean that enforcement actions and civil penalties can be applied to violations of any rule, standard, or regulation under the Act, not just specific sections. A practical upside from this is that funds collected from these penalties and fines can now be used to cover the costs of temporarily caring for animals involved in AWA violation cases – a direct financial mechanism to support animals rescued from bad situations. The bill also removes a sentence from Section 29(b) of the AWA (7 U.S.C. 2159(b)) concerning the authority to apply for injunctions, likely streamlining this process through the new powers granted to the AG in the new Section 20.

The Bigger Picture: What This Means for Animal Welfare

Essentially, the Better CARE for Animals Act is designed to put more muscle behind the existing Animal Welfare Act. The Animal Welfare Act itself is the primary federal law setting minimum standards for the humane treatment of animals used in research, exhibition, transport, and by dealers. By giving the AG more direct enforcement capabilities, including significant financial penalties and the ability to recover costs for animal care, the bill aims to create a stronger deterrent against violations. The requirement for an MOU between the USDA and the AG signals an intent for more coordinated and robust federal oversight. For businesses and individuals dealing with animals covered by the AWA, this means heightened scrutiny and potentially more severe consequences for non-compliance. The bill also includes a severability clause (a new Section 30 to the Animal Welfare Act), meaning if one part of the Act is found invalid, the rest still stands.