S.F. 705/H.F. 1098 - Puppy Mills Kitten Mills Minnesota

The bill to repeal pound seizure was incorporated into the Omnibus Agriculture bill (H.F. 2398/S.F. 2061) and passed during the 2012 legislative session. It was signed into law by Governor Dayton.

BILL DESCRIPTION

S.F. 705/H.F. 1098 were introduced to repeal pound seizure by changing the "seized animal disposition requirements" in the existing law and imposing penalties. The bills were included in the Omnibus Agriculture bill in 2012 and signed into law.

Thanks to the hard work of: The Animal Rights Coalition formed End Pound Seizure (EPSM). Amy Draeger, president of EPSM, wrote the original legislation and conducted research on the issue. Howard Goldman, Humane Society of the United States (HSUS) State Director for Minnesota, lobbied the bill at the Capitol. All efforts helped bring about passage of this bill. See: Pound Seizure Now Banned

BACKGROUND/ISSUE

1. What is pound seizure?

Pound seizure refers to the practice of obtaining lost or stray pets from publicly-funded animal shelters, such as city or county shelters, for use in research, testing, and education. While previously a widespread practice, only Minnesota and Okahoma still had a mandatory pound seizure law.

2. What was Minnesota's law on pound seizure?

The "old" Minnesota pound seizure law allowed any animal in a publicly-funded shelter (if the animal has been there for five days) to be taken by a licensed institution, such as a research facility, for experimentation purposes. If a shelter refused to comply with the request, it was ineligible for any further public funds.

3. Why was Minnesota's pound seizure law wrong?

The "old" pound seizure law:

4. Why was the original pound seizure law even enacted?

Prior to 1949, there was no law that governed the sale and purchase of animals used for research. The sale of stolen pets to research institutions was thus a lucrative business. It was thought that by enacting pound seizure laws, which would allow research and educational institutions to legally acquire unclaimed animals from publicly funded pounds, the crime of "dognapping" would end.

Then, in 1966, the Animal Welfare Act (AWA) was enacted. The AWA regulates the sale and purchase of animals used for research and educational purposes in the United States. The availability of "purpose bred" animals (i.e., animals purposely bred for use in research) ensures that researchers will never have to purchase animals with unknown health or genetic histories. More importantly, the availability of "purpose bred" animals ensures researchers will not unknowingly experiment on someone's pet.

The enactment of the AWA signaled the beginning of the end of pound seizure in many states — but the pound seizure law still existed in Minnesota.

NOTE: The Minnesota Board of Animal Health confirms that, for at least the past five years, Minnesota's pound seizure law had not been used. The University of Minnesota also testified at the 2011 hearing before the Senate Agriculture Committee that they no longer sieze animals from shelters.

5.Why was/is pound seizure wrong?

Over 60% of Minnesota families care for dogs, cats or both. Most consider their dogs and cats to be family members. They are treated kindly and respectfully. Their health needs are attended to. They live in the house with the rest of the family. Most Minnesota pet owners are horrified to learn that a publicly funded animal shelter might be required to release their surrendered or lost pet for research or experimentation under Minnesota's outdated pound seizure law.

6. Was there social or political support for the "old" law in Minnesota?

Both the Minneapolis City Council and the St Paul City Council enacted resolutions that directed their animal shelters not to release impounded animals to research institutions. Other cities throughout Minnesota, through animal control ordinances, also directed animal shelters not to release impounded animals to research institutions.

7. Now that the ban is passed, what's the outcome?

Repealing the pound seizure law encourages and supports public trust in Minnesota animal shelters by affirming that the purpose of all animal shelters, public or private, is to care for lost, injured, and abandons animals, returning them to other owners or placing them for adoption.