Category: Environment

Recovered from the Wayback Machine.

It’s a simple matter to check breeder inspections at the USDA since the agency provides a database of inspection reports for the last three years. The Department of Agriculture (MDA), however, does not make records easily accessible.

To access inspection records for a commercial dog breeder in Missouri, you have to make the request under the Sunshine Law act. You will be charged for copies and time, so you’ll want to restrict your requests to recent inspections only—2009 or later. As an indicator of costs, I was charged $5.60 for my request for recent inspection records for Rabbit Ridge.

An example email you can use for submitting a request for inspection records is the following:

Hello,

This is a request for records under the Missouri Sunshine Law, Chapter 610, Revised Statutes of Missouri.

I request that you make available to me the following records:

Recent Missouri Department of Agriculture inspection reports (January 1, 2009 and later) for a commercial dog breeder, <breeder name>, operating a kennel known as <kennel name, if there is one>, with an address of <as much of the address as you know>.

I request that the records responsive to my request be copied and sent to me at the following address:

Emailed to me directly, if digital copies of the inspection reports exist, or if this would be convenient for your organization.

If email is not convenient, then mail paper records to:

<your address>

I request that all fees for locating and copying the records be waived. The information I obtain through this request will be used <request purpose>

Please let me know in advance of any search or copying if the fees will exceed <your upper fee amount>.

If portions of the requested records are closed, please segregate the closed portions and provide me with the rest of the records.

Thank you.

<your name>

The requests are sent to Animal.Health@mda.mo.gov. You can read more about the Sunshine Law at the Missouri Sunshine Law Summary page.

If you want information from the USDA outside of that already provided at the USDA web sites, you can file a Freedom of Information Act (FOIA) request to the appropriate department. APHIS (Animal and Plant Health Inspection Services) is the department you’re most likely going to send the FOIA requests to. There are actually FOIA generation tools, and the USDA FOIA site provides helpful materials, as does the Electronic Frontier Foundation. Before you file a FOIA request, though, check out the USDA APHIS FOIA Reading Room, first, to ensure what you’re after isn’t already provided. You can access the USDA APHIA Inspection database, directly.

FOIA requests for the USDA APHIS should be sent to foia.officer@aphis.usda.gov. You may also be charged a fee for a FOIA request.

Both the MDA and the USDA have to respond within a set period of time. MDA must respond within three business days. The USDA typically tries to respond within twenty business days—at a minimum, acknowledging your request.

Note that FOIA requests to the USDA APHIS also become part of public record, and are published in an annual log.

Following is the judgment in Case.net regarding Shirley Gilbert, aka Wolfgang’s Puppies and Gee Gee’s Yorkies:

COUNSEL AGREE TO RESPONDENT TO GO OUT OF BUSINESS FOR 6 YEARS, TO DISPOSE WITH DOGS ON 6-30-11 AND RELEASE TO PETITIONER TO A RESCUE AGENCY. RESPONDENT TO HARBOR NO MORE THAN 3 DOGS & REMOVE ALL ADVERTISEMENTS AND REFRAIN FROM ALL ACTS NOT ALLOWED BY NON LICENSED AGENCY. $500 CIVIL PENALTY, $1000 INVESTIGATIVE COSTS & $200 RESTITUTION. JUDGMENT ENTERED AGAINST RESPONDENT. FORMAL JUDGMENT TO BE SUPPLIED WITH 30 DAYS.

Stripping away the legal language, Shirley Gilbert can no longer sell puppies, and she has to give up all but three of her dogs to a rescue organization.

Attorney General Koster’s office has filed another restraining order, this time against Moser Kennel, owned by a Linda Brisco.

According to the CBS story:

Attorney General Chris Koster says state inspections of Brisco’s kennels revealed excrement in the food and muddy drinking water; feces piled so high in some enclosures, inspectors couldn’t see the flooring; sick, aging or young animals kept in outdoor kennels without appropriate shelter; and animals in distress given no veterinary care.

Plus, Koster alleges the owner used a shotgun to put the animals down — a practice prohibited by state law.

Linda Brisco is licensed with the state of Missouri, but doesn’t hold a USDA license. If you look quickly, you can see photos of puppies she has for sale (too late, photos have been pulled). Notice how the photos don’t show the piles of feces that are so high, they cover the floor.

As with the past filings of a restraining order, Brisco can hold on to the dogs until the hearing, scheduled for July 19.

DEFENDANT LINDA BRISCO SHALL BE ABSOLUTELY RESTRAINED AND PROHIBITED FROM CONDUCTING ANY REGULATED ACTIVITY UNDER THE ANIMAL CARE FACILITIES ACT, 273.325, RSMO, ET SEQ. AND ITS IMPLEMENTING REGULATIONS, 2 CSR 30-9 ET SEQ. UNTIL FURTHER ORDER OF THIS COUR. IN ADDITION, DEFENDANT LINDA BRISCO SHALL KEEP ALL ANIMALS IN HER CUSTODY AND CONTROL AT THE TIME OF THE ISSUANCE OF THIS TEMPORARY RESTRAINING ORDER ALIVE AND ON SITE AND AVAILABLE FOR INSPECTION BY THE MISSOURI DEPARTMENT OF AGRICULTURE OR ITS DESIGNATED AGENT UNTIL FURTHER ORDER OF THIS COURT.

Sucks to be those dogs, doesn’t it?

The news stories says this is the first time that Koster’s office has used the “new rules”. In actuality, this is the third time his office has used the “new rules”.

update

The Springfield News-Leader has more details on the breeder. She has 76 adult dogs, of various breeds. The AG office wants her closed down, and to pay court costs and fines. I will be curious as to the disposition of the dogs from this case. In two past cases, a licensed breeder was able to sell his dogs and keep the profits, while an unlicensed breeder had to give her dogs up to a rescue.

According to Case.net, the case against Shirley Gilbert for violations of the Animal Welfare Act has been extended to June 24th. This means that the dogs continue in Gilbert’s custody for at least another two weeks.

Oh, yeah, this filing a restraining order as a way of ensuring care for dogs in licensed and unlicensed facilities is really working out. I’m sure the dogs in appalling conditions are thrilled that the wheels of justice regarding their welfare are spinning slowly.

Governor Nixon had a dog and dog show at the Humane Society of Missouri this week about the “Missouri Solution”. I’ll have more on this next week, as well as kicking off an entirely new and expanded set of Kennel Campaigns.

I’m expecting documentation from the USDA about the Dollarhite bunny mill, and will post an update on that story soon as I receive it.