The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is continuing to move swiftly and consistently to take enforcement action in response to animal welfare violations. As part of its effort to make its actions transparent and accessible to the public, APHIS is highlighting enforcement actions taken in response to violations of the Animal Welfare Act (AWA) and Horse Protection Act (HPA).
APHIS has moved the list Horse Protection Act Disqualification and Civil Penalty List to the Investigative and Enforcement web page for ease of use. The list can be found at USDA HPA Federal Disqualification and Civil Penalty List
Copies of documents related to these actions, as well as copies of official warnings, are available in the APHIS FOIA Reading Room at. http://www.aphis.usda.gov/wps/portal/enforcementactions During the month of August, APHIS filed administrative complaints alleging that the following persons violated the AWA or HPA:
- AWA Docket No. 16-0146; Randall Stoen.
- AWA Docket No. 16-0145; Donald Schrage dba Rabbit Ridge Kennel.
- HPA Docket No. 16-0169, and 16-0170; James Dale McConnell aka Jimmy McConnell dba Formac Stables and Formac Stables, Inc.
The following persons entered into pre-litigation settlement agreements (also known as stipulations) in connection with alleged violations of the AWA or HPA:
- APHIS Case No. IA150012-AC; Fedler Ag, Inc.
- APHIS Case No. LA15004-AC; Alexandria Zoological Park.
- APHIS Case No. OK150011-AC; Dwayne Hurliman.
USDA’s administrative law judges and judicial officer issued decisions and orders under the AWA or HPA involving the following persons:
- AWA Docket No. 16-0019; City of Independence, Kansas dba Ralph Mitchell Zoo.
- AWA Docket No. 16-0027; Eli Miller dba Hill Top Kennel.
- AWA Docket No. 16-0114; Wilma Jinson.
The AWA requires that minimum standards of care and treatment be provided for certain animals bred for commercial sale, used in research, transported commercially or exhibited to the public. It excludes those animals raised for food or fiber. Persons who operate facilities in these categories must provide their animals with adequate care and treatment in the areas of housing, handling, sanitation, nutrition, water, veterinary care and protection from extreme weather and temperatures.
To ensure that its licensees are meeting the AWA standards, APHIS inspectors conduct routine, unannounced inspections of all licensed facilities. Violations of the AWA can lead to penalties, including official warnings, civil penalties and license suspensions/revocations. For more information on the inspection and enforcement processes, visit APHIS’ animal care website.
The HPA is the federal law that prohibits horses subjected to a practice called soring from participating in shows, sales, exhibitions and auctions. Soring is a cruel and abusive practice used to accentuate a horse’s gait. APHIS works actively with the horse industry to protect against such abuse, ensuring that only sound and healthy horses participate in shows, sales, exhibitions and auctions. APHIS’ ultimate goal is to end the inhumane practice of soring completely.
The HPA authorizes APHIS to issue civil penalties and to disqualify violators from participating in horse shows, exhibitions and sales. Both the AWA and HPA contain criminal penalties as well.