News Briefs INSIDE. There is no reporting or registration of puppy mills required by law in. of West Virginia.

Transcription

1 Fall 2011 News Briefs Sharing news and information in the West Virginia animal welfare community There is no reporting or registration of puppy mills required by law in West Virginia. INSIDE Puppy mills.... p. 1 Letter from the President..... p.2 WV spay/neuter ad campaign... p. 8 May 2012 Conference.... p. 9 Parkersburg puppy mill closed by court action in Puppy Mills -- Much worse than you thought In August 2008, almost 1,000 puppies and adult dogs were rescued from a puppy mill breeding facility tucked away in the backwoods of West Virginia. Two national animal rescue organizations, Best Friends Animal Society and The Humane Society of the United States (HSUS), along with the Humane Society of Parkersburg and Wood County law enforcement officials, worked in 90+ degree heat amid the stench of feces and urine to rescue these dogs from the Whispering Oaks Kennels. According to news reports, the owner of the kennel turned over the by Ginnie Maurer animals and signed an agreement barring her from operating another breeding facility. She was not charged with animal neglect because of this agreement. Two years later, in August 2010, almost 100 dogs were seized from Yip Yip Kennels, Martinsburg, West Virginia. The owner, Leonard Woods, Jr., pleaded guilty to 20 counts of misdemeanor animal cruelty. He was sentenced to 30 days in jail and fined $300 for each count plus court costs. He is barred from owning or possessing any animals for five years. Several months later, in December info@fohowv.org Main website, promoting animal welfare throughout West Virginia Legislative website, updated mainly throughout the WV Legislative Session. Animal law archived here. Spay Neuter Assistance Program WV website. Lists spay neuter grant allocation in WV. News Briefs is a publication of the Federation of Humane Organizations of West Virginia, P. O. Box 662, Mineral Wells, WV All rights reserved. (continued, page 2)

2 2010 in Falling Waters, West Virginia, 114 dogs were relinquished from a puppy mill. With the swift action of Berkeley County Animal Control and the support of Animal Advocates of West Virginia, all puppies and adult dogs were either adopted or transferred to rescue organizations in less than 24 hours following their seizure. The owner of the dogs, Paulette McGraw, was charged with one count animal cruelty and fined $1,000 and court costs. By no means are these few instances isolated examples of puppy mill activity in West Virginia. Since there is no reporting or registration of puppy mills required by law in the state, no one has an exact number of the mills operating here. History of puppy mills Puppy mills are not a new phenomenon; they actually began in the late 1940s as a way for Midwest farmers to make money following widespread crop failures. In fact, it was the United States Department of Agriculture (USDA), the same government agency authorized to inspect and regulate puppy mills, that began promoting puppies as a new cash crop. Farmers took to the new crop quite readily, as raising puppies was far less labor intensive (when done the puppy mill way) than tilling the land to produce food for the table. In addition, farmers already had many outbuildings sheds, chicken coops, rabbit hutches and the like, they could convert into puppy cages, making the transition from produce to puppies fairly easy. But, puppies could not be sold on supermarkets shelves; so farmers had to find a new market for this new crop. In the early days, Sears Roebuck sold puppies in its pet departments, but farmers needed more outlets. Along came puppy stores and with them puppy brokers, people who would deliver the puppies from the mills to the pet stores. (continued on page 3) From the desk of FOHO WV President, Betty Burkett Well, fall is almost over and winter approaches. We will soon be preparing for the holidays and becoming busier and busier. The puppy mills will be busy too, grinding out those cute puppies to market as gifts for Christmas. We have a great article concerning puppy mills in this e-newsletter. Ginnie Maurer is a gifted writer with first-hand knowledge about this issue. I m sure you will enjoy her article. I am probably preaching to the choir here, but we certainly need to find a way to regulate this industry. Dana Keefe, secretary of FOHO, has been working with a senior WVU student on a media campaign for spay and neuter. They have gathered statistics from all the animal shelters and animal control facilities in the state. This is a big undertaking and we appreciate all the hard work going into this effort. Help For Animals Spay Neuter Clinic in Barboursville has joined 2 - FOHO WV with Spay USA to form SPAY WV and will be collecting data also to help people who need to find spay and neuter programs in their areas. Jim and Donna Spencer are the directors of Help For Animals and are former FOHO Board members. They have a very busy and successful clinic. The information collected by these two groups will be invaluable to FOHO and ultimately to the pet owners of West Virginia. Read more about this in Dana s article in this newsletter. I don t think anyone could have missed the horrible events that took place near Zanesville, Ohio recently concerning the exotic animals that were being kept on a private farm. The dangerous situation that happened with all the animals being set loose resulting in their deaths was reported all over the world. Ohio does not have any laws concerning owning exotic animals, and neither does WV. Legislation was introduced in 2006 and 2007 in WV to address this issue of exotic animal ownership, but neither of the bills was taken up for passage. Sad to say, it has taken this type of event to create interest once again in some type of law for WV to control ownership of exotics. The animals always seem to pay the ultimate price for what we humans do. Mark your calendars for May 4-5, 2012 for our biennial Conference for Animals! We are planning for a great conference again. We have sponsorships from Petfinder and Petco Foundation, Help For Animals, Animal Lifeline, HSUS (Humane Society of the United States), and ASPCA (American Society for the Prevention of Cruelty to Animals). Watch the website and the spring e-newsletter for further information about the conference. With the help of the HSUS, we are once again planning to have a new updated edition of the WV Animal Lawbook in time for the conference. So be sure you keep those dates open and definitely plan to attend.

3 Puppies would often travel in the back of pickup trucks or stacked in cages in tractor trailers for transport hundreds of miles from where they were born; today, that is the way most of them still travel to markets around the country. The greatest concentration of puppy mills is still in the Midwest, but almost all states have puppy mills somewhere within their borders. According to information supplied by HSUS, there are an estimated 10,000+ puppy mills across this country. Lancaster County, Pennsylvania, has been considered the puppy mill capital of the East. The state with the highest concentration of puppy mills is Missouri, followed by Kansas, Arkansas, Oklahoma, and Pennsylvania. Nebraska also ranks high in the number of puppy mills. Several dogs may be crammed into each cage. Dogs may spin obsessively, chewing on themselves or their cage mates, howling, and languishing because they get no physical or mental stimulation. Food and water may be covered in feces and urine. Paws can be caught in the wire or frozen to the bottom of cages. And that s the good news. Conditions at puppy mills What is your vision of hell? For breeding dogs and their puppies, hell is living in a puppy mill. Dozens to hundreds of dogs live in wire cages, usually out in the elements, with only rudimentary shelter from broiling sun, sleet and freezing rain, snow, etc. Several dogs may be crammed into each cage. Dogs can be found spinning, obsessively chewing on themselves or their cage mates, howling, and languishing because there is no physical or mental stimulation. Food and water may be covered in feces and urine. Paws can be caught in the wire or frozen to the bottom of cages. And that s the good news. To keep noise down at these breeding kennels, breeder dogs may be debarked. Since surgery is expensive, some millers simply shove a pipe down the throat of a dog and crush his or her vocal cords. In addition, puppies, suffering from a variety of diseases due to Parkersburg puppy mill closed by court action in these unsanitary conditions and lack of proper nutrition, or who cannot nurse, are often left to die; the deformed and seriously ill puppies may be killed instantly with a quick snap of the neck or are suffocated in plastic bags. Nursing mothers have prolapsed uteruses that are left hanging from their bodies. Most females are bred out by age five, at which time they are often shot in the head and dumped into open pits. Male breeding dogs may live a bit longer but their fate is no different. Puppy mills exist because owners want to make money. There is no love of the breed or desire to preserve breed characteristics. How can there be? Pugs are mated with beagles and called puggles. Anything is mated with a poodle and called a -poo. These so-called designer dogs are often sold for thousands of dollars. As long as the public continues to pay the price for these designer mutts, the dogs in puppy mills continue to pay a price, too with their mental and emotional health and ultimately with their lives. Puppy mill dogs are poorly socialized to humans and may, in fact, be terrified of humans based upon the treatment they have received. With few staff to care for them, little to no veterinary care, and hours upon hours spent in isolation, few of these dogs are touched by human hands except to be moved from their puppy mill cages to transport vehicles and back again to cages in pet stores. (continued on page 4) FOHO WV - 3

4 Many are terrified of grass, sunlight, and carpet, as well. Some never get over their fears even when rescued and placed in the homes of loving, understanding people who are willing to help them overcome the abuse of their early years. Of course, conditions in the pet stores where many of these dogs wind up are not always much better. Puppies are again kept isolated although the cages may be a bit cleaner since the general public is now viewing them. However, to ensure the puppies remain healthy until purchased, their food is often laced with antibiotics. And, if the store owner is not inclined to seek veterinary help for sickly animals, he might just do what a pet store owner in Fairmont, West Virginia, is alleged to have done. In April 2010, Aaron Ashley was arrested and charged with felony animal cruelty after dogs, cats, mice, and reptiles were found frozen to death in the store s freezer. According to investigators, Ashley did not want to pay for veterinary care for these animals, so he put them in the freezer while they were still alive. Sales from puppy stores are typically final, meaning the buyer has no recourse to take the puppy back if something is wrong with the puppy. If a store does replace a sick puppy, most likely the sick puppy will be killed rather than given the veterinary care he or she needs. Of course, there is no guarantee the replacement puppy will be healthy either. That leaves many buyers of puppy mill puppies with a terrible decision: (1) to return the puppy knowing he or she will be killed (2) or to save the puppy at what might be great financial and emotional expense with no guarantee the puppy will survive. 4 - FOHO WV USDA findings in puppy mill audit The 50-page audit report paints a depressing picture of commercial dog breeding operations in America and a damning critique of the agency that is supposed to regulate them. The following were included among the findings: The agency believed that compliance would come about as a result of education and cooperation rather than through law enforcement. The agency chose to take little or no enforcement action against violators. Attendance at educational seminars intended to bring about compliance from breeders was voluntary, even for those with violations. No Action was taken even in cases where the law required it. Fines were incorrectly calculated to consistently and dramatically reduce the costs to violators. Violations were incorrectly counted, consistently minimizing the citations. Violations were incorrectly documented. Animals were not confiscated, even in cases of severe neglect and abuse resulting in the deaths of animals. Citations were written in such a way as to minimize or eliminate requirements for re-inspections. USDA failed to notify local law enforcement of serious violations, as is required by law. Many commercial breeders are not even regulated by the USDA. Who s in charge? The USDA, which, according to HSUS, employs approximately 102 inspectors to oversee more than 9,000 facilities, licenses and inspects some large-scale dog dealers and breeders under the federal Animal Welfare Act (AWA). However, AWA guidelines are not optimal care standards but rather minimal survival standards. For instance, cage size requirements include a minimum of 6 head room. Facilities can be in compliance with the AWA while still keeping hundreds of dogs in small, stacked wire cages, without enrichment or human attention, for their entire lives. In addition, many USDA-licensed breeders are inspected only every two to three years, so violations can be rampant but never addressed. According to Mike Fry, executive director of Animal Ark, Minnesota, [A] report recently released from the U.S. Department of Agriculture s Office of Inspector General (OIG ) documents terrible conditions in the nation s puppy mills, which the report refers to as problematic dealers. Furthermore, the report, which was the result of an audit conducted by the OIG, outlines gross failures of the USDA in regulating these facilities. As part of this audit, OIG auditors visited 81 facilities and (continued on page 5)

5 reviewed records documenting 28,443 violations over a two-year period. On a personal note, the author was scouting out a store that sells puppies in the Martinsburg, West Virginia, area. She asked the owner of the store, in front of patrons who appeared interested in purchasing one of the puppies, where he obtained his puppies. The owner immediately stood straight and tall and with great bravado informed her he did not purchase his dogs from puppy mills but rather from USDA-inspected dealers. The patrons were quite impressed with this statement. Further, he ticked off a list of items indicating how well the breeding dogs were cared for in these facilities. Again, the patrons were quite impressed. Unfortunately, the author did not ask the owner if he were familiar with the OIG s report that had just been released weeks earlier. The U.S. government isn t the only one that can regulate puppy mills. Each individual state can regulate puppy mill breeders as it sees fit. In recent years, some large-scale breeders have had their licenses revoked by the USDA but continue to be licensed by their states and can sell directly to the public and through the Internet. Legislation varies widely Current animal cruelty laws in most jurisdictions simply are not adequate to halt the widespread proliferation of puppy mills. Every state has laws against some forms of animal cruelty. However, few states address the issue of wide-scale animal abuse as it occurs in puppy mills. Without laws that require special licenses to run large breeding operations and to allow for the routine inspection of these facili- ties, puppy mills will continue to flourish. In recent years, more states are becoming aware of the gross inadequacy of their laws to protect puppies in commercial breeding facilities. Some recent states to enact legislation have been Pennsylvania, Iowa, Oklahoma, and Missouri some of the leading puppy mill states. While these bills have faced challenges and some have been amended, citizens of these states are educating them- selves and their legislators on the need to protect dogs in commercial breeding facilities. Some states, including Virginia, Louisiana, Oregon, and Washington, have set limits on the number of breeding dogs in commercial facilities. Puppy mill laws, unlikely allies Other than the puppy mill owners (continued on page 6) Puppy Mill Legislation in WV In 2011, as in 2009 and 2010, puppy mill legislation was introduced in the West Virginia legislature. The most recent attempt, HB 2883, sought to protect dogs by creating regulations for commercial dog breeding facilities. Some provisions of the bill included: limiting the number of unsterilized dogs over the age of one year to 50 and requiring the commercial breeder to have a valid business license, as required by his or her jurisdiction commercial breeders would have to provide for the humane treatment of dogs in accordance with section 19 article 8, chapter 62 of the West Virginia code they would have to provide dogs with easy access to adequate amounts of clean food and potable water breeders would also have to provide appropriate veterinary care, including rabies shots and, if needed, euthanasia by a licensed euthanasia technician and to remove sick dogs and isolate them so as not to endanger the health of other dogs. housing facilities would have to be clean and sanitary; protect the dogs from weather changes; and have solid floors, functioning fire extinguishers or sprinkler systems, and sufficient lighting to allow for clear observation of the dogs at any time of the day or night. The bill also required twice annual inspections by animal control or law enforcement officers. The legislation made it unlawful for a commercial breeder to operate if he or she had been convicted of animal cruelty in any local, state, or federal jurisdiction, which means someone who has a conviction in another state could not cross state lines to come into West Virginia to renew his or her puppy mill operation. Unfortunately, the bill was left to die in committee. West Virginia now has become a popular spot for commercial breeders from Pennsylvania, in particular, where laws have recently been enacted cracking down on puppy mill abuses. FOHO WV - 5

6 themselves, who else fights against laws protecting the dogs of a community? For one, the American Kennel Club (AKC). The AKC has been on the side of attempting to defeat legislation that regulates the number of breeding dogs an owner may have whenever it is introduced in state legislatures. The contention is that such laws will hurt reputable breeders. However, most laws limit the number of breeding dogs to 50, and few reputable breeders ever have that high a number. Other groups that align themselves with puppy mill breeders to fight against legislation are so-called rescue groups that front for breeders, giving them a patina of acceptability. The majority of reputable rescue groups are in favor of puppy mill legislation to cut down on the number of unwanted dogs entering their rescues and shelters. By the way, most state laws that put restrictions on the number of breeding dogs an owner can have do not restrict the total number of dogs that person may own who are not able to reproduce. In addition, such legislation in most cases does not affect those breeders who have no more than intact female breeding dogs, nor does it affect farmers and hunters in their effort to maintain a stable of dogs for their personal needs. Cost to a community While some people might complain that the cost of enforcement is prohibitive in their jurisdiction, the cost to a community if a puppy mill is shut down can run into the tens of thousands of dollars. Expenses to all agencies across the country involved in the Parkersburg puppy mill case ranged upwards of $200,000. These expenses include 6 - FOHO WV law enforcement time and legal and veterinary care expenses, food and shelter, and transportation expenses, among others. Many state puppy mill regulations require commercial breeders to pay a modest licensing fee which helps offset the cost of enforcement programs. Preventing puppy mills So, where do you go if you cannot buy online or from a puppy store or out of a parked truck? Simple, check your local animal shelter and area rescue groups (making sure those groups are not fronts for puppy mills by checking their status with your local animal control agency). If you are not sure what groups exist in your area, go to com and type in the required information. But, I want a purebred, you say. Breed rescue groups abound in most areas, especially for the most popular breeds of dogs. Again, go to or contact your local animal shelter to find breed rescue groups in your area. If you want to purchase a dog from a reputable breeder, contact your local animal shelter as staff there may have a list of breeders in your area who do not engage in breeding practices that sacrifice animals in favor of dollars. (continued on page 7) You may be buying from a puppy mill if: Sellers do not permit you to visit the puppy s parents (or at least the mother) and will not allow you to visit the breeding site. That is usually a sign that the puppies you are interested in came from a puppy mill, most likely miles from where you are seeing them. You are signing a sales contract rather than an adoption contract. There is no mention of spay/neuter provisions in the contract. There is no provision for you to return the puppy if you are no longer able to care for him or her. There is no attempt to screen and educate potential buyers on puppy care. You are purchasing through an online site and having the puppy shipped to you. You are purchasing the puppy out of the back of a pickup truck in a parking lot. And, of course, you are purchasing a puppy from a pet store. Ninety-nine percent of dogs sold in pet stores come from puppy mills. Additional information on puppy mills can be found at The National Humane Education Society s website ( and on the website of The Humane Society of the United States ( among other organizations. Information on puppy mill cruelty cases can be found at The HBO documentary Madonna of the Mills provides an example of what one person can accomplish to protect puppy mill dogs.

7 Puppy mills, continued While your heart may be in the right place when you want to rescue that one poor pup stuck in a puppy mill, you are in fact reinforcing for puppy mill owners that there are buyers out there. In effect, you are condemning that puppy s parents to a life of continued horror, degradation, and ultimately death. Photos on this page courtesy of HSUS. Also, contact area veterinarians. They, too, might have lists of reputable breeders in your area. Some of you will want to rescue that poor pup stuck in the puppy mill. While your heart may be in the right place where that one pup is concerned, you are in fact reinforcing for puppy mill owners that there are buyers out there, and that keeps them in business. In addition, you are condemning that puppy s parents to a life of continued horror, degradation, and ultimately death. By not supporting these mills, you cut off the one constant operators have to have to make the business worthwhile -- paying customers. No customers, no business. If you suspect that someone is running a puppy mill in your community, contact your local animal control agency or sheriff s office. Finally, support legislation locally and statewide that will curb these operations and require licensing, meaningful inspections, and strict penalties appropriately enforced for violators of these laws. How much is that doggie in the window? became number one on the Billboard chart in The singer, Patti Page, today has changed her attitude and her song to Do you see that doggie in the shelter? Because, today, if you are purchasing a doggie in the window, the price is far too high -- in suffering, pain, and abuse. These puppies cannot protect themselves; only you can. Spay. Neuter. Love. FOHO WV - 7

8 Spay/Neuter Ad Campaign Coming to WV! by Dana Keefe The Federation of Humane Organizations of WV (FOHO WV) is designing a statewide spay/neuter advertising campaign. The following will give you some historical background and also information on our current efforts. In 2008, the Humane Society of the United States (HSUS) launched a campaign to increase spay/neuter rates in Louisiana and Mississippi. The campaign was based on extensive research into pet owners attitudes and behaviors regarding spay/neuter. The ads used in the campaign were created by a renowned communications firm and backed by the latest in spay/neuter research. The campaign included television ads, radio spots, billboards, posters, door-hangers, and postcards. For more information on the HSUS campaign and to see the ads, go to: spay_neuter_campaign_materials/ These ads are available to groups nationwide to be customized and used locally. FOHO WV decided in 2010 to pursue developing a campaign for West Virginia. Since the research showed that the most convincing message is a statement with euthanasia statistics including a comment about offspring of one s own pet, FOHO WV started by gathering statewide animal shelter intake and disposition numbers, including euthanasia, rescues, and adoptions on an annual basis. With the help of a senior West Virginia University student in advertising (Christin Ogden), the information was gathered over a period of about nine months. Considerable variation in the animal control operations of WV s 55 counties was noted. Research showed that the most convincing spay/neuter message is a statement with euthanasia statistics including a comment about offspring of one s own pet. The WV project is now in the budget planning phase and focusing on grant applications and how best to use the available ads. The customized ads (with WV statistics) will include a contact phone number for those who seek more information. We will use the Spay WV number 877-SPAY- WV1 ( ). Its goal is to establish a database of low-cost spay/ neuter services available throughout the state. You can help develop the Spay WV database and referral service by contacting Donna Spencer with the resources in your area. You may want to include low-cost clinics, spay/neuter assistance programs, or veterinarians who offer low cost rates. Every county has different resources. Contact: donnaspaywv@suddenlinkmail.com or call FOHO WV welcomes public input on this project. At the launch of the campaign, we hope to involve animal shelters, schools, veterinarians, and others in the effort. Federation of Humane Organizations of West Virginia P. O. Box 662 Mineral Wells, WV info@fohowv.org Main website, promoting animal welfare throughout West Virginia Legislative website, updated mainly during the WV Legislative Session. Animal law archived here. Spay Neuter Assistance Program WV website. Lists spay neuter grant allocation in WV. Newsletter design by Barbara Grigg - blessthepets@comcast.net Spay. Neuter. Love. 8 - FOHO WV

9 Plan now to attend the FOHO WV 2012 Conference on Animals. Saturday sessions include: FOHO WV Conference on Animals 2012 Days Hotel Conference Center Flatwoods, WV May 4 and 5, spay neuter initiatives - grant writing - developing a children s summer camp focused on pet care - inside track on Greyhound racing - winning support for animal welfare from non-traditional sources - exploring your relationship and responsibility to nonhuman animals - developing a cat rescue and outreach program - and our always popular WV animal law round table with an informative discussion covering new animal law, inclusive of existing animal cruelty code & other applicable animal laws. A Friday workshop is also planned centering on the topic of Animal Cruelty Investigations. We are hoping to get a number of law enforcement and humane officers to attend this informative Friday workshop. The conference is being organized by FOHO WV (Federation of Humane Organizations of West Virginia). FOHO is an information network for animal issues within the state. Our conference is co-sponsored by ASPCA, Animal Lifeline, Help for Animals, HSUS, Petfinder, Petco, SNAP WV, and of course FOHO WV. Attendees representing West Virginia and surrounding states will attend this informative event. Shelter directors, humane society volunteers, animal control officers, humane officers, law enforcement officers, rescue coordinators, vet technicians, veterinarians, and anyone who wants to network with others in the WV Animal Welfare Community will attend. Attendees will receive a continental breakfast, lunch buffet, morning & afternoon snacks, great prizes, and the 2012 WV Animal Law Book (Printing sponsored by the Humane Society of the United States) along with informative conference handouts. Make plans NOW to join us in Flatwoods, May 2012 Give family & friends a Christmas gift with a message The baby in the manger in the stable still cares for ALL of His creatures Take a look inside at sr=8-1/qid= /ref. Animal rescue workers and groups: write a check to GCEA Bless Pets, & mail it to Barbara Grigg, RR 6 Box 346-J, Fairmont, WV to receive discount. Send $5 per book, add $3 S/H. If you order 10 or more, S/H will be $5 (USPS flat rate). blessthepets@comcast.net for more information. FOHO WV - 9