KEY MESSAGE:  Government has failed to protect the animals in puppy and kitten mills. While federal, state and local laws exist, authorities are limited in their knowledge about and training for this issue. Resources, too, are limited.

SYSTEMIC FAILURE OF GOVERNMENT

The fact that large-scale dog breeding facilities still exist and are "approved" by government shows a lack of knowledge of proper canine health (physical, mental, and emotional) by authorities and demonstrates a systemic failure by government to protect animals within these type of facilities.

These regulatory "approval" actions may also be in direct conflict to Minnesota animal cruelty statutes.

The licensing by government (at federal, state, and local levels) for large-scale breeding kennels has created a systemic problem where other officials assume a kennel is in compliance or treating animals properly because the business was given a "stamp of approval" from a designated state or federal authority. Often, these authorities have little or no training in canine or feline health or pet welfare, especially as it pertains to mass production facilities and the mental/emotional health of each animal.

These authorities may have livestock backgrounds and construct protocols based on industry standards for livestock and agricultural pursuits. For instance, when the commerical dog and cat breeder law was passed in 2014, it was directed to the Minnesota Board of Animal Health run by livestock producers. There was (and still is) no state agency with expertise in pet welfare.

• As quoted in the Winona Post (12/20/15) and credited to statements made by the MN Board of Animal Health: "The MN Board of Animal Health regulates the treatment and health of livestock and explained that under state law dog kennels are treated similary to livestock operations."
• At a public hearing in 2016 in Winona County where 6 dog breeding operations were granted permits, a veterinarian employed by the MN Board of Animal Health testified that: "We [the Board of Animal Health] treat [the breeding kennels] like we would any producer - any livestock prodcuers."

Pets are not livestock or agricultural products. See state regulation below. 

Until authorities fully embrace animal welfare and health standards for canines and felines and how to identify and prevent animal neglect and cruelty with this species, these large-scale facilities will continue to be "approved," operate and grow — creating burdens on the community and harm to animals.

NOTE: Review State v. Dayna Bell cruelty case for Court of Appeals decision affirming that all animals in a kennel are pet and companion animals, not livestock.

• Federal regulation

The USDA-APHIS-Animal Care (AC) is the designated authority within the federal government to inspect commercial dog breeding facilities who meet the definition of "breeder" or "dealer" under the Animal Welfare Act.

The USDA is required to inspect the facilities one day a year; they may return to follow up on violations. "One day a year" does not provide adequate oversight of these kennels. The USDA also explains that they only pursue minimal standards.

In 2010, the Office of Inspector General (OIG) audited the USDA-APHIS-AC and issued a scathing report of the USDA's inspection procedures and protocols. (See OIG report.) Numerous recommendations were made for improvements with a key recommendation: to stop educating the breeders and return to enforcement of requirements. This policy was implemented for a short while; the USDA soon returned to "teachable moments" — limiting the number of direct violations cited by inspectors. UPDATE: The USDA was sued over its use of teachable moments, considered deceptive. The USDA agreed to change its definition of teachable moments and, as part of the settlement, would retrain all its staff members to ensure that its inspectors would not longer consider meaningful violations to be "teachable moments."

In 2018 and 2019, the Washington Post published research they had conducted on the USDA and how it enforces the Animal Welfare Act. They found that the documenting of violations had plummeted -- with 60 percent fewer violations at animal facilities in 2018 than the previous year. This was done, in part, to allow the USDA to boost and promote its enforcement efforts. The USDA's 2018 Animal Impact Report stated that "97% of AWA-regulated sites are in substantial compliance." Learn more at: AWA-inspections.

Local governments must be cautious of relying on the federal government to monitor USDA-licensed breeders and dealers. Even when USDA inspectors have gathered sufficient evidence to pursue enforcement actions against a breeder or dealer, the legal investigation and enforcement process (leading to a suspension or revocation of the federal license) can take years.

NOTE: Three Minnesota breeders licensed by the USDA were convicted of animal cruelty: Kathy Bauck, Deborah Rowell and Dayna Bell. (For profile of breeder, details of legal case, inspection reports and photos, click on links.) A review of their USDA inspection reports cits some violations but also report "no noncompliances" — even though kennel conduct was in direct violation of MN animal anti-cruelty statutes.

• State regulation

Minnesota was one of the last states in the nation to pass a state law to license and regulate commercial dog and cat breeders (for those states with breeding kennels). In 2014, the Commercial Breeders Licensing and Enforcement law was passed.

As news reports have stated (Winona Post, 12/21/2015), citizens assume that "things are going to get better" due to the new state law. Unfortunately, passing a law does not guarantee that the enforcement agency will follow the intent of the law. Recent licensing decisions by the MN Board of Animal Health places into question their abilities to enforce the law properly and protect animals within Minnesota breeding kennels.

In our belief, the question is not just what conditions exist in law...but who enforces the law. How is the law interpreted? How are inspectors trained? How are complaints responded to? Who is the welfare of animals assessed? By whom?

In multiple townships, cities, and counties through Minnesota, veterinarians from teh Board of Animal Health (BAH) would testify for the dog breeders - requesting that their local permit be grants, even when residents and elected officials opposed this action. In a public hearing in Winona County to review breeding kennels, a BAH veterinarian testifed that all dogs (hundreds) in the multiple breeding kennels were "happy and healthy." There was no proof or eviedence as to how "happiness" was evaluated or if the mental and phsycial "health" for each dog was measured. This statement, as with others, reflected a bias for the business by the Board of Animal Health - rather than representing the animals and residents.

Due to ineffective enforcement of the breeder law (and kennel law) and conflicting interests by the MN Board of Animal Health, the Companion Animal Board bill has been introduced. Once passed, this bill will transfer the breeder law and kennel and dealer law (licensing animal shelters) from agricultural interests to the Companion Animal Board, with expertise in pet welfare. This new board will lead and respond to companion animal issues in Minnesota and those who care for these animals.

• Local regulation

Some counties have granted permits for commercial kennels to operate; however, often, counties do not have the capacity or ability to follow-through and check that each business is adhering to the imposed conditions and/or to check that businesses requiring a permit are indeed permitted. This is why some counties have limited the size of breeding kennels (i.e., number of total dogs) or denied permits altogether so as to reduce potential risk to the county.

Winona County has the most permitted and licensed puppy mills in Minnesota. Animal Folks, with the county board and residents. have been working to pass an ordinance to ban future permits for these kennels and also assess standards and conditions in existing kennels. Learn more at: speakupwinonacounty.org

Local action is key. In Minnesota, no breeding kennel can get a state or federal license without first obtaining a local permit to operate. Help stop local permits from being granted. Stop the business before it starts by getting involved at the local level.

• Veterinarians

Most veterinarians are not trained in investigations involving animal forensics. Skills of veterinarians also vary based on species. Many veterinarians throughout Minnesota (and the nation) have chosen not to accept large-scale dog breeders as clients because they do not believe such facilities can provide the proper physical and emotional/behavioral care for each animal. (Adequate staffing to address enrichment and socialization needs for each animal every day is often cost-prohibitive; shelters use volunteers to supplement staffing and daily care needs.)

In a news article (Winona Post 12/23/2015), a breeders' veterinarian (in reference to multiple commercial kennels) was quoted to say: "These animals are healthy. Bottom line, they're healthy." and "They are probably the most clean animals in the State of Minnesota." When considering these statements one must ask clarifying questions, such as what is meant by "healthy" and "clean." Canine health is not simply about cleanliness. Example: Is each animal examined and assessed for:

• Dental disease?

• Skin disease?

• Bacterial diseases, such as kennel cough, brucellos, pneumonia

• Viral infections, such as parvo virus, distempor virus, parinfluenza type I & II

• Parasitic infections, such as giardia, hook worms, tape worms, round worms, whip worms, lung worms

• Heritable disorders, such as orthopedic problems (e.g., early hip dysplasia, luxating patella), heart abnormalities, neurological disorders, ocular abnormalities, crhonic immue disease, allergies

• Eye/ear infections?

• Stressors from noise levels? (due to barking and other factors so as not to hurt dogs' hearing) from excessive confinement? from other aggressive dogs?

• Proper exercise? (for musical development)

• Proper nutrition? (for puppies and pregnant females)

• Proper grooming? (to prevent suffering excessive matting and overgrown nails)

• Proper ventilation? (for proper breathing; and no strong odors hurting eyes and throats)

• Mental health? — i.e., emotional and behavioral health, not just physical health, contribute to a dog's total well-being. Define enrichment and socialization protocols in place and staffing to meet requirements of law and provide welfare for each animal.

• Indicators of stress-induced psychopathy, such as pacing, circling, over-grooming, self-mutilation, head-bobbing, weaving, swaying, excessive licking?

Both federal law (Animal Welfare Act) and state law (MN Commercial Breeders Licensing and Enforcement) require a veterinary protocol be established and followed. In Minnesota, these protocols must include "disease control and prevention, euthanasia, and veterinary care."

SUPPORTING LINK: Something Stinks: The Need for Environmental Regulation of Puppy Mills