Necessary Purrtections: In Support of Federal Welfare Standards for Animals Sold in Pet Stores

Devan Daly, Necessary Purrtections: In Support of Federal Welfare Standards for Animals Sold in Pet Stores, 25 Wake Forest J. Bus. & Intell. Prop. L. 326 (2025).

Although retail pet stores are prevalent across the United States, there is currently no federal legislation that establishes welfare standards for animals sold in pet stores.  The Animal Welfare Act of 1966 (“AWA”), the Endangered Species Act of 1973 (“ESA”), and the Prevention of Animal Cruelty and Torture Act of 2019 (“PACT”) are the current backbone of federal animal welfare legislation.  But none of these statutes expressly protects pets commonly sold in pet stores—in fact, the AWA explicitly exempts retail pet stores.  Consequently, the welfare of animals sold in pet stores typically falls under the purview of individual states’ anti-cruelty laws, which are highly specific to the state and often do not provide protections tailored to pet stores.  There is therefore a clear need for broader protections for animals in pet stores.  This comment argues that this protection should come in the form of federal legislation passed pursuant to Congress’s Commerce Clause authority.  

This comment will first provide background about current federal animal welfare legislation and its coverage of pet stores and a comparison of state anti-cruelty laws.  It will then argue for the adoption of federal animal welfare legislation specifically written to protect animals sold in pet stores.  To contextualize this argument, this comment will discuss Congress’s authority under the Commerce Clause.  Finally, it will propose provisions for Congress to adopt to provide minimum federal protections for animals sold in pet stores based on both legislation from countries with more robust animal welfare protections and the Animal Legal Defense Fund’s (“ALDF”) proposed Model Animal Protection Laws.  

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