Animal Welfare Laws

Animal welfare laws regulate humans’ use of animals. Humans use animals in a number of different ways, including for research, entertainment or exhibition, hobby, and food. Animal welfare is defined as an animal’s state of well-being, or “maintenance of animals under conditions of space, environment, nutrition, and so forth, consistent with the physiological and social needs of the species” consistent with the Five Freedoms: freedom from (1) thirst, hunger and malnutrition, (2) discomfort, (3) pain, injury, and disease, (4) fear and distress, and (5) freedom to express normal behavior.1 Arguably these laws should set standards beyond the mere prohibition of cruel practices already outlawed by the anti-cruelty laws. However, this may not necessarily be the case, depending upon the requirements of the particular human use being regulated. As we noted, the anti-cruelty laws often exempt certain communities of animals, such as animals used for food or research and/or practices; for example, “accepted agricultural practices.” For these animals, the animal welfare laws provide the only legal protection available.