BCMixs
Posted : 4/12/2008 10:20:21 PM
Steve, I think the thing to remember is that 1) there are a large number of puppy mill operations who are NOT licensed or being inspected by the USDA. In a number of cases here in my state (VA) no one but the pet stores and neighbors knew these places were operating until organizations like PETA went and videotaped and then notified the authorities. But, unfortunately, because state laws are inadequate to shut someone down, the miller is negotiated with and allowed to retain 200 dogs when he wasn't licensed to have ANY. Those are the types of abuses I want to see stopped, and the USDA laws only apply to those operating WITH licenses. The USDA can't inspect operations that aren't licensed because they don't know who or where they are and they only have authority over operations that are licensed. If you're operating without a license, it's a state matter and state laws addressing the issue are behind. They think it's a USDA issue. There's a gap that needs to be addressed. There also aren't enough inspectors to adequately inspect MOST if not ALL of the areas the USDA is responsible for. We saw that with the beef video and the subsequent recall. You can recall beef from freezers and fridges across the country after something like that, you can't recall the hundreds of ill and behaviorally defective puppies that come out of an unlicensed, horrifically abusive puppy mill.
I can tell you that when I researched the two papillions chosen at random, I discovered that the breeder had his license revoked by the USDA. He moved to another state, continued operations and was issuing papers with a bogus USDA license number. USDA couldn't have cared less when I called to notify them. They are overwhelmed with the number of operations vs. the number of inspectors available. Public opinion and outcrys for changes and tighter enforcement of the existing laws are what will get more money allocated to add inspectors and to pass laws in localities to address breeders like the one here in VA who retained 200 dogs after having nearly 800 seized due to horrible conditions and being unlicensed. How anyone could justify the man retaining 200 dogs is beyond me.
http://www.aphis.usda.gov/animal_welfare/index.shtml Click on Animal Care's Regulation of Commercial Animal Dealerss: Q and A's
Also, to your point that as long as someone conforms to the law. I'm a very law and order type person being a criminal justice major, so I'm all for laws and following them. If there's one that's bad, work within the democratic process to get them changed. If there's one that's absent, solicit your representatives to get one made. However, you seem to feel that as long as there are some laws, that's enough. I don't agree. I feel that the current laws don't adequately address the issue and that there is a gap between the authority of the federal government via the USDA and that of localities which needs to be addressed. That's why I support localities being free to pass the ordinances they feel are best for the citizens of their county and or state. If the citizens of San Jose or New York or Miami through their elected officials choose to ban certain breeds or mandate spay neuter or limit breeders, I think that's okay. They are the ones who are living there and they are creating the environment they choose. Someone in a county across the country should not interfere. That type of interference leads to national legislation which is broad and often poorly defined because it is attempting to cover all bases and ends up covering none.
To me, I want the right and ability to speak with my local officials and discuss what I want to happen and not to happen in my county and in my state and not have that process interfered with by people who do not live here. I also want to be free to notify national corporations such as pet store chains that sell dogs and cats that through the power of my dollars, I will or will not endorse their actions.
ETA: One more link, just for S&Gs, Companion Animal Protection's response to USDA proposed changes to their regulations. Interesting stuff here about audits of the USDA and their inspection capacities:
Companion animal response
"New Policy: Inspections and Enforcement. The AWA requires commercial breeders to provide their animals with adequate housing, nutrition, water and veterinarian care, and to protect the animals from extreme weather and temperature and unsanitary conditions. Since 1995, CAPS has investigated over 1,000 commercial breeding facilities in sixteen states and has documented significant violations of APHIS’s Animal Care program in each of those states. Animals are frequently found in poor physical and emotional health, without food or water, and living in their own waste, often next to dead or dying companions. The AWA, 7 U.S.C. § 2146, expressly provides USDA with ample inspection and enforcement authority to ensure that its minimum animal care and welfare standards are being met.
Notwithstanding this authority, APHIS’ Animal Care Program has been audited at least four times over the past twenty years and each time was found lacking in its inspection and enforcement efforts. For example, in 1985, the U.S. General Accounting Office reviewed USDA’s Animal Welfare Program and found that many regulated facilities were not being inspected, as required. In 1992, USDA’s independent Inspector General audited the program and found that inspections still were not being performed at many facilities, and that when inspections were performed and violations discovered, USDA did not require timely correction of those violations. The USDA Inspector General again audited the program in 1995 and found that many of the deficiencies noted in its 1992 report had not been corrected. In addition, the 1995 report noted that when enforcement action was taken, the penalties were so low that many facilities simply incorporated the penalties into their cost of doing business. This finding was repeated in 2005 when yet another USDA Inspector General report was issued specifically addressing APHIS’s inspection and enforcement program activities under the Animal Care Program. That report specifically cited the “lack of clear National guidance” as a contributing factor in the agency’s underperforming enforcement program. CAPS believes that APHIS must adopt “clear National Guidance” for its inspection and enforcement program. That guidance should be incorporated into the Animal Care Policy Manual. CAPS recommends that a task force be assigned to review the four major audit reports discussed above, identify the principle deficiencies identified in those reports, and prepare guidelines for how to improve the Animal Care investigation and enforcement program. At a minimum, APHIS should adopt a policy stating the minimum number of annual inspections that must be performed at each licensed commercial breeding facility under its jurisdiction. Such a policy might include a tiered inspection program based on past performance and the date of license. Newer facilities and known violators should be inspected more frequently. CAPS recommends that APHIS use the basic information and format contained in its May 2005 Animal Care Compliance Inspections Fact Sheet as a framework document for the new policy, and then supplement that information with specific recommendations for improving the performance of the inspection and enforcement program. "
(Emphasis added is mine, not in original document.)
So please, no one tell me that the USDA is taking care of and protecting these animals, it's clearly not.