USDA Removal of Animal Welfare Act Violators

In early February the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) removed information regarding violators of the Animal Welfare Act (AWA) and the Horse Protection Act (HPA).

This data consisted of inspection reports, regulatory correspondence, research facility annual reports, and enforcement records.

The APHIS cited “court rulings and privacy laws” for the removal. APHIS also stated it would review and redact lists of licensees and registrants under the AWA and HPA, and that this information may still be obtained through a Freedom of Information Act (FOIA) request.

The removed records were often used by animal welfare advocates to monitor government regulation at scientific labs, zoos, circuses and universities. The data also contained information concerning dog breeders and pet stores.

Shortly after the data was removed, members of Congress, from both parties, requested the information be fully restored. After a sustained public outcry, small fractions of the previous data was reposted, but this was insufficient. By the end of February, several lawsuits were filed by animal welfare and protection groups, a letter of protest was sent to the USDA from Senate Democrats, and a bipartisan letter from 101 members of the U.S. House of Representatives was delivered to the President demanding immediate reposting of the data.

The most recent lawsuits not only claim a violation of FOIA but also claim a violation of the Administrative Procedures Act (APA) by removing the data. The APA prohibits government agencies from taking actions that are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.”

On March 2, six Senate Democrats introduced the Animal Welfare Accountability and Transparency Act. This bill not only restores the data for public viewing but also would remove a specific tax benefit from any company that violates the AWA or HPA. The bill was referred to the Senate Finance Committee shortly after its introduction on the Senate floor.

While the new bill is being reviewed, and the lawsuits are being pursued, a preliminary injunction hearing requiring the data be restored for public viewing is set for May 10 in Northern California’s Federal District Court.