Woudenberg v. Dep’t of Agric.

Department of Agriculture regulations promulgated under the federal Animal Welfare Act (with exceptions), prohibit those who buy and sell dogs and cats from obtaining animals from an individual donor “who did not breed and raise them on … premises.” A dealer must obtain certification that the animals were born and raised on that person’s premises. Woudenberg sells animals for use in medical research. Some are donated. Before accepting dogs and cat from four donors, Woudenberg required each to complete and sign a release: I Certify that I have bred, raised, and do own the animal(s) listed below, and I understand that they may be used in research or testing. The Animal and Plant Health Inspection Service (APHIS), a USDA agency, reviewed Woudenberg’s records and contacted the donors, who admitted that they had not raised the animals from birth and that the animals were owned previously by others. An ALJ dismissed, reasoning that the “regulations do not hold dealers strictly liable.” The USDA reversed. The Sixth Circuit affirmed: the regulation is clear that a dealer violates the law by obtaining an animal from a donor who did not breed or raise it on the donor’s premises. It is a violation even when the dealer in good faith obtained certifications. Certification is an enforcement mechanism for the prohibition, not an exception. View "Woudenberg v. Dep't of Agric." on Justia Law