Better CARE for Animals Act: AG Could Get Power to Seize Animals, Levy $10,000 Daily Fines for Welfare Violations

The "Better CARE for Animals Act of 2025" is new legislation designed to significantly ramp up how the federal Animal Welfare Act (AWA) is enforced. It proposes giving the U.S. Attorney General new direct powers to take civil action against violators, including seeking hefty fines of up to $10,000 per day for each violation and authorizing the seizure of animals. The core idea is to make it tougher for those who don't meet federal animal welfare standards—whether they're dealers, exhibitors, or others covered by the AWA—to continue operating.

Putting More Bite in the Bark

This bill isn't just about warnings; it's about making violations of the Animal Welfare Act genuinely costly. One of the biggest changes proposed is the ability for the Attorney General to seek civil penalties up to a whopping $10,000 per violation, per day, as outlined in the new Section 20 of the AWA. Think about a large-scale puppy mill with multiple infractions – those fines could add up fast, creating a serious financial reason to comply. Beyond fines, the bill also allows for license revocations, effectively shutting down businesses that consistently fail to meet standards. And here’s a practical touch: money collected from these penalties and fines could be used to cover the costs of caring for animals temporarily seized during these legal proceedings, ensuring they get the food and medical attention they need.

The AG Steps Up: New Enforcement Tools

A major shift in the Better CARE Act is giving the Attorney General a more direct role in cracking down on AWA violators. Under the proposed Section 20, the AG could bring civil lawsuits in federal court to stop illegal activities. This includes getting restraining orders or injunctions to halt harmful practices immediately. Crucially, the AG would also have the power to seize animals that are being subjected to conditions violating the Act, following established federal forfeiture procedures (chapter 46 of title 18, United States Code). While these are significant new powers, the process for actions like seizures and injunctions typically involves judicial oversight, as the Attorney General would be bringing civil actions in U.S. district courts and can seek warrants. This provides a layer of review for how these enforcement tools are applied. This doesn't sideline the Secretary of Agriculture, who currently oversees AWA enforcement; instead, the bill emphasizes that their powers are complementary. To ensure everyone's on the same page, the Secretary of Agriculture and the Attorney General would have 180 days to create a memorandum of understanding (MOU) for implementing these changes, including sharing information on repeat offenders who cause serious harm to animals.

Who's Affected? Closing Loopholes for Dealers and Exhibitors

The bill takes specific aim at unlicensed operations. Section 4 of the Animal Welfare Act would be amended to flat-out prohibit unlicensed dealers or exhibitors from buying, selling, transporting, exhibiting, or even offering to do any of these things with animals in commerce. So, that person trying to sell exotic kittens from their apartment online without the proper USDA paperwork? This bill wants to make their activities clearly illegal and easier to prosecute. It also ensures definitions within the AWA (Section 2) are clarified, which helps remove ambiguity that can sometimes hinder enforcement. The overall message is clear: if you're dealing with animals commercially or for exhibition, you need to be licensed and follow the rules, or face serious consequences.

Making it Official: Courts, Collaboration, and Clarity

To ensure these new enforcement measures have solid legal footing, the bill includes a "Sense of Congress" (SEC. 3) affirming that Federal courts indeed have jurisdiction over AWA violations, as already stated in 7 U.S.C. 2146(c). It also confirms the Attorney General’s authority to bring these cases to federal court, covering not just the Act itself but also any related rules, standards, or regulations. This removes any doubt about where these cases should be heard. Finally, a standard but important legal provision (a new Section 30 to the AWA) is included: if one part of this Act is ever found to be invalid by a court, the rest of it stays in effect – a severability clause that protects the overall integrity of the law.