USDA: Incompetent? Corrupt? Both?
    There must be some explanation for the agency's failure to regulate commercial animal breeders . . .
    Published 07/14/2006 02:58:07 PM

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    by Mike Fry

    For years, I have listened to explanations about why the USDA has failed so miserably to regulate puppy (and other animal) mills in Minnesota. The most common rationale is that they have too few resources to inspect and enforce existing laws. Well, OK. Some data supports that claim. An article in the July 12 issue of the Detroit Free Press indicates there are about 100 inspectors responsible for monitoring about 6,000 commercial breeding facilities nation wide. Additionally, they have 14,000 zoos, carnivals and research labs to inspect.

    Where USDA’s “lack of resources” excuse falls apart is this: Obtaining the resources needed to regulate large-scale puppy factories is in their power. USDA can, for example, fine a commercial breeder up to $2,500 for every day they are out of compliance with the Animal Welfare Act. However, they rarely ever follow through with charging such fines – not even in extreme cases, like that of Gary McDuffee, who, according to the Star Tribune and USDA’s own inspection reports had a 5-year history of non-compliance.

    Fines levied against McDuffee and our state’s other major puppy mills would pay for a lot of enforcement. But the USDA rarely, if ever, charges fines for noncompliance. USDA has, in fact, stated publicly that their policy is to use education rather than enforcement when it comes to violations of the Animal Welfare Act with puppy mills.

    That sounds great until you realize they are an enforcement body, not an educational one. You would think that after a 5-year history of non-compliance, they would have realize that education was not working with Gary McDuffee.

    Rather than fining McDufee, or taking any other legal action against him, they simply granted him a new license when he opened his new puppy mill in Little Falls this year, meaning the USDA has yet another puppy mill to regulate, and even fewer resources with which to regulate it.
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    Archive of readers comments:

    On 07/24/2006 Miike Fry said: Pound Seizure

    To Rita,

    I have heard rumors that the Humane Society for Companion Animals sells animals to research. But I have no proof of that.

    However, Minnesota does have on its books a law often referred to as "pound seizure" which requires that municipal impound facilities make animals available for research. So I believe it very possible for them to be selling animals to research to comply with MN state law. (HSCA serves as an impound center for some surrounding cities).

    If they are selling to research, that is not something I support. Nor do I think they would have to. Many years ago, the City of Minneapolis openly defied the law and refused to sell dogs and cats from Animal Control to a research lab.

    Because the research labs did not want a lot of neg press, they quietly went away.

    In my years of working with St. Paul Animal Control, I am unaware of them selling any animals to research. So if a local humane shelter is doing so, that would be pretty bad.

    While I don't know if they sell animals to research, I do not that HSCA does not report the actual outcomes of the animals they take in. Therefore, validating or refuting a rumor like that would be very difficult.


    On 07/24/2006 rita marie said: Give Me A Break!!!!!

    This should be one of Heraldo's specials -give me a break!! They won't enforce the law, they won't enforce fines but they will complain about not enough resources! Duh!! Someone needs to step in here and totally revamp this setup!! Is there anyone out there that has enough weight to throw around to get this taken care of -someone that gives a hoot??! I have been in rescue and rehab for over 25yrs now and the situation has only gotten worse. Which brings up another issue -Mike did you know the St.Paul Shelter for companion animals sells to "Research"!!! What can we do about that??!!


    On 07/19/2006 Mike Fry said: Great Posting!

    D. Ayala - Yes! Please feel free to use this article any way you see fit. Animal Ark believes, with all our hearts, that educating people about all the various aspects of pet overpopulation are very important to solving this huge problem. Please use any resources on our web site for that goal. That is, to a large degree, what our web site is all about.

    Debra Vogt brings up another interesting point about the cruelty statues in Minnesota.

    I believe there is some confusion in the minds of many people (myself included!) about the cruelty laws in Minnesota. One account of them is posted on the Animal Legal and Historical Center. I have gotten different accounts from different people. In fact, I just got an email from one of the people primarily responsible for writing the language in the current statute. She has a bit of a different take on the meaning of the current law.

    Maybe, if we are lucky, we can get her to say a few words about it.

    I do know this: The way animal cruelty is monitored, tracked and enforced in Minnesota has got to change.


    On 07/18/2006 Debra Vogt said: USDA Failures

    When you watch Animal Precinct on Animal Planet you will see SPCA officers picking up neglected and abused animals, then filing charges against the owners. I have never understood how you can get charges pressed against a pet owner for cruelty, yet the largest amount of cruelty, neglect and pain is inflicted on dogs in commercial breeding facilites and there is nothing to be done about it.

    The USDA needs to be completely re-worked from top to bottom.


    On 07/17/2006 D.Ayala said: Who Regulates USDA?

    Great article Mike Fry something is terribly amiss when a governmental agency proclaims it doesn't have "resources" to enforce laws yet continues to allow expansion of an industry that it says it does not have the resources to regulate.

    This is not just a Minnesota problem it is a nationwide problem as these puppymills everywhere continue to churn out sick defective animals that wind up in shelters and city pounds across the country.

    Every american taxpayer should be outraged that we are spending 2 billion a year to shelter, kill and dispose of unwanted pets and that the major contributors to this problem are puppymills sanctioned by the USDA.

    This money could be better spent on healthcare for those without insurance, elderly who cannot afford the high cost of drugs, more law-enforcement officers..the list goes on.

    With your permission I would like to download your commentary and send it along with my own letter to my Governor, Senators and Representatives, I urge every citizen in this nation to do the same.

    Thank You


    On 07/14/2006 Amanda B said: Unreal

    This is so stupid it is hard to believe! If the USDA is too incompetent, then the State of Minnesota needs to do something to regulate this industry in our state. It is sad that Minnesota is in papers all over the country because we are one of the top states for puppy mills.

    IT JUST MAKES ME SICK!