I think the unfortunate reality is that like personal safety, humanity comes first... Except of course if money or profits come into play.
So if you are an end consumer having purchased a betta for $2.50, the SPCA is more than happy to scrutinize and confiscate since you will have to buy a new one. On the other hand they wouldn't want to step on any retail stores' toes since they might lose profits and have grounds for litigation.
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