USDA panned in puppy mill audit report

Jun 01, 2010 19:36

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A federal report issued last week accused U.S. Department of Agriculture inspectors of failing to stop puppy mill owners' systematic mistreatment of animals -- the same charge about Pennsylvania dog kennel inspectors that led to an overhaul of state laws and regulations two years ago.

The report, issued by the inspector general's office of the U.S. Department of Agriculture, said federal inspectors were ''ineffective'' in enforcing anti-cruelty laws against problem dog breeders and brokers and soft-pedaled penalties against them -- even where they found dead and diseased dogs.

It also acknowledged that the federal government left a gaping hole in the law by leaving online sellers unregulated.

Agriculture Secretary Tom Vilsack called the findings ''troubling'' and said the USDA has an action plan for reform.

''Maybe now, people will understand, once and for all, that the USDA is incapable of monitoring our nation's commercial dog breeding facilities, and that dog breeding should not be controlled by any department of agriculture -- federal or state,'' said Bill Smith of Main Line Animal Rescue of Chester Springs, Chester County, a leading animal welfare advocate.

The USDA enforces the federal Animal Welfare Act, which covers warm-blooded animals used in research, animals in zoos and circuses and marine parks, and animals sold wholesale for pets.

The inspector general's office's report was based on a review of 81 federally licensed operations, including 11 from Pennsylvania, mostly around Lancaster County, the center of the state's commercial dog breeding industry.

The report follows critical reviews from 1992, 1995 and 2005. The 2005 report found that the department was not taking aggressive actions and issued minimal fines against violators. Last week's report said that little had changed, finding:

The USDA's enforcement effort, which focused on educating dealers, was ''ineffective'' in stopping problem breeders from repeatedly violating the law.

Inspectors did not document violations properly to support enforcement.

A new USDA worksheet calculated ''minimal'' penalties that were insufficient to stop violators.

Inspectors arbitrarily reduced penalties, even for repeat violators.

Some large breeders circumvented regulation by selling online.

U.S. Rep. Jim Gerlach, R-6th District, joined a bipartisan roster in the House and Senate last week to support re-introduction of a bill that would close the online sales loophole. It would require licensing and inspecting dog breeders who sell at least 50 dogs a year directly to the public.

In addition, it would require that dogs in commercial breeding facilities have appropriate space and opportunity for daily exercise, similar to Pennsylvania's reformed dog law.

Smith and Jenny Stephens of North Penn Puppy Mill Watch were doubtful whether the USDA would do any better with a law that regulates more facilities. According to last week's report, 99 federal inspectors conducted 15,722 inspections last year, down 2,200 from 2006.

''They can't even control those people who are licensed now,'' Stephens said.

Kori Walter, a spokesman for Gerlach, said the measure would not increase funding for more inspectors. However, Gerlach in March signed a letter supporting $22.3 million in funding to maintain the existing 117 inspector positions, he noted.

The report listed some graphic examples of the USDA backing off tough enforcement of violators. It cited a facility in Tennessee that, in two inspections, had 34 violations leading to multiple animal deaths, but received a 50 percent '''good-faith'' reduction in its fine. In another case, inspectors cut a break for an Ohio breeder who operated on a pregnant dog without anesthesia and let many of his dogs go blind from a bacterial disease.

State Agriculture spokesman Justin Fleming said state and federal inspectors periodically work side-by-side. For instance, he said, they worked cooperatively in getting Sun Shine Kennel in Ephrata, Lancaster County, to close after repeat inspections found moldy food, excrement in pens and, in one case, a dog ''profusely'' bleeding from another dog's attacks.

Cooperation is essential, Fleming said, because federal inspectors, like state inspectors, have no authority to issue citations for animal cruelty.

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