Kim Miles takes Mt. Clemens store to court after purchasing
a puppy will liver shunts. She will live the rest of her life on a special diet and twice-a-day
medication to
keep her liver soft so she can absorb the proper nutrients.
The owner is still selling puppies.
As Senator Hune prepares the agenda for the Senate Agriculture Committee meeting tomorrow, animal welfare organizations have already submitted testimony opposing HB 5916/HB 5917 and will be attending the hearing to educate lawmakers about the cruel puppy trade and its impact on communities. My testimony below outlines why these bills will protect puppy mills and leave Michigan a "buyer beware" state.
As
Founder of Puppy Mill Awareness of SE Michigan and Michigan Friends of
Companion Animals, I have spoken with hundreds of families who have purchased sick
puppies from Michigan pet stores and were left with thousands of dollars in veterinary
bills. The market is not taking care of the worst actors, nor is local law
enforcement. Pet stores are not a safe place to purchase puppies and HB 5916
does not offer enforceable solutions to protect families and pets.
I
urge you to oppose H.B. 5916 and HB 5917 for the following reasons:
- The
bills would not require pet store licensing or inspections.
- The bills lack meaningful standards
and are unenforceable.
- The
bills rely entirely on the USDA’s minimal standards and enforcement which has
plummeted this year.
- The
bills would not ensure puppies are provided adequate veterinary care while
on display for sale and families visiting the store are protected from Campylobacter.
- The
bills would not prevent puppies with genetic abnormalities from being sold.
- The
bills would not ensure puppies are properly vaccinated.
- The
bills would not prevent predatory sales tactics.
- HB5917
prohibits local governments from enforcing or creating ordinances that
would protect families and pets from irresponsible breeders and retail
outlets.
- The
bills undermine legislation passed last session.
The bills would not require pet store licensing
or inspections. Michigan pet stores are not currently
licensed or inspected by any agency. We have approximately 15 stores that sell
puppies where families cannot easily see the conditions or meet the parents - site
unseen purchases. Complainants who call local law enforcement are either told their
complaint is a civil matter or pet shops are under the jurisdiction of the
Michigan Department of Agriculture. The MDARD dropped the Pet Shop Program (1) ten
years ago directing them back to local agencies.
The bills lack meaningful standards and are unenforceable.
On the surface, they masquerade as animal welfare, pledging to protect puppies
by guaranteeing that they are purchased from “qualified breeders” that are “USDA
licensed with not more than three inspection violations in the last year and no
direct violations in the last two years.” This means, pet store can still source
from large-scale dog kennels with violations to the Animal Welfare Act. Even if
Michigan pet stores fully disclose breeder names and addresses, the USDA inspection
reports for commercial kennels are blacked out – entirely redacted (2). Consumers
would be relying on the pet stores to provide those records.
The bills rely entirely on the USDA’s minimal standards and
enforcement which has plummeted this year. The USDA standards
are minimal and considered “survival standards” (3). According to a Washington
Post article (4) published just this October, we learned the USDA has “revamped”
their enforcement process moving away from penalties. Commercial dog breeders
have no incentive to provide humane care.
“The department had issued 39 warnings in
the first three-quarters of fiscal 2018, and it filed and simultaneously
settled one complaint — with a $2,000 fine for an infamous Iowa
dog breeder who had already been out of business for five years.
In August, USDA issued no warnings, filed no complaints and
imposed no penalties through settlements with any of the 8,000 or so facilities
it licenses and inspects under the federal Animal Welfare Act, …. “ per the
Washington Post.
These
bills would not ensure puppies are provided adequate veterinary care while on display
for sale and families visiting the store are protected from Campylobacter. Veterinary
clinics hired by the pet stores to sign off on the 30-day health certificates are
the same clinics offering free visits after purchase creating a conflict of
interest. There are now three lawsuits against Petland Novi (5, 6, 7, 8, 9) just
this year including twenty-four plaintiffs all seeking monetary damages for
breach of contract and multiple violations of the Consumer Protection Act. The
puppies suffered from a range of issues, including genetic defects, infections
and some had highly contagious diseases, costing the plaintiffs thousands of
dollars in veterinary care. The lawsuits also allege fraud, claiming the store
and its owner knowingly sold animals with deformities and illnesses, as well as,
misrepresenting the origins of the animals.
One man was man hospitalized after purchasing a puppy infected with Campylobacter
at the Petland store in Novi (5). This is currently being investigated by the
Better Business Bureau who has been logging other sick animal complaints at the
store.
On the other side of the state, six puppy buyers are also seeking legal advice
after purchasing ill animals this year at Michigan’s newest pet store, The
Barking Boutique (Grandville, MI) (10)
In
2015, over 30 plaintiffs filed multiple lawsuits after purchasing sick puppies
at the Gibraltar Trade Center. The owner of Pollywood Pets / Little Dogz continues
to sell sick puppies online as criminal charges were not filed (11).
The owner of Michigan’s largest puppy store chain, The
Family Puppy, testified at the May 2018 House Agriculture Committee meeting “he
was not aware of any complaints”, yet we know this is not true. I was recently contacted by Toni Kastanos who
set up a GoFundMe page (12) in an attempt to cover over 7,000 in veterinary costs
after purchasing an anemic puppy from the store’s Novi location. This is not the
only complaint my organization has received. NBC 25 covered a story about a puppy
that was purchased from the store with many health problems (13).
The bills would not prevent puppies
with genetic abnormalities from being sold. The industry has set up what we are calling “showcase”
breeders who have new kennels or upgraded kennels, but still lack oversight. There
are only a handful of these kennels that are used in marketing packages, while
the stores actually source from hundreds of other kennels. Even these “showcase”
kennels are sending puppies to our Michigan stores with abnormalities. The Barking Boutique (Grandville, MI) has
been regularly shipping puppies with genetic abnormalities listed on the
Certificate of Veterinary Inspection records (14).
The bills would not ensure puppies are properly vaccinated. The only regulatory oversight the
state provides regarding pet stores is to ensure animals are properly
vaccinated during importation. Last year the state conducted two investigations
(15) related to missing vaccinations impacting over 110 puppies at The Barking
Boutique (Grandville MI), yet the store continued to import animals throughout
the year without proper vaccinations even after an official warning letter was
sent by the state. Some of those puppies with missing vaccinations were also
sold will illnesses.
The bills would not prevent predatory sales
tactics. Some Michigan
puppy stores offer high interest rate loan options or leases, where the puppies
are held as collateral! Consumers
can be easily misled by the financing language because the store employee did
not understand the loan terms or wanted to make the sale by glossing over them.
The loans include attractive low monthly payments, yet those payments are
spread over years making the interest portion seem minimal (16). In addition to
offering easy financing for high priced puppies, in June, The Humane Society of
the United States petitioned the Federal Trade Commission to create a Trade
Regulation Rule that would define the following acts at pet stores as unfair or
deceptive (17):
- Advertising
as, or as Only Doing Business with, Breeders who are “Reputable,”
“Responsible,” or Other Like Terms;
- Claiming
to Be, or Only to Do Business with, “Licensed,” “Certified,” or
“Inspected” Breeders;
- Selling
Puppies who are Unfit for Sale;
- Labeling
Puppies as Vet-Checked, Healthy, Health-Guaranteed or Health-Certified,
and/or Falsifying or Misrepresenting Veterinary Records;
Offering a Deceptive Health Guarantee;
- Advertising
Puppies for Sale as
Pedigree “Registerable,” “Registered,” or from Registered Parents;
- Representing
the Breeder as “Local” without Identifying the Verified Locality;
Failing to Disclose Material Facts about the Breeder or Puppy;
- Misrepresenting
the Traits of the Puppy for Sale;
- Offering
Misleading or Predatory Finance Options;
- Utilizing
Misleading Testimonials, Rating Systems, or Endorsements;
Describing the Transaction as an Adoption rather than a Sale;
- Advertising
Certain Breeds of Puppies as “Hypoallergenic”;
- Advertising
Certain Breeds of Puppies as “Micro” or “Teacup;”
- Failing to Deliver the
Puppy Purchased.
HB 5917 prohibits local governments from enforcing or
creating ordinances that would protect families and pets from irresponsible breeders
and retail outlets. The market is
not taking care of problem pet stores. After a hundred complaints, two lawsuits
including twenty-four plaintiffs and regular news coverage exposing sick
animals being sold, Petland Novi continues to sell puppies (18). Novi city
council choose not to pass a retail ordinance addressing these chronic issues. Mt.
Clemens, Utica and Grandville also choose not to pass proposed retail ordinances
that would address the sale of puppies being sold at local puppy stores with
illnesses. Only three Michigan cities, without existing puppy stores, have
passed retail restrictions: Eastpointe, Fraser and New Baltimore. Therefore
puppy stores are not be shut down due to local ordinances.
The bills undermine legislation passed last session. Rep. Mike McCready (R)
updated Act 287 of 1969 just last session. New regulations went into effect
January 2017. McCready’s bill was championed by the Michigan Humane Society and
supported by the Michigan Veterinary Medical Association and the Michigan Association
of Animal Control Officers. The Michigan Department of Agriculture provided
supportive testimony.
The real problems lie at the commercial kennels and happen
long before the puppies arrive in the stores. Poor breeding practices and lack
of veterinary care are two of the biggest problems that are not easily fixed with
more state regulations. Unless all breeders make huge investments and agree to
higher standards, some kennels will simply be used as “showcase” kennels while
the pet stores continue to source from sub-standard breeders.
Michigan pet store owners, local law enforcement and the
MDARD have no control or oversight of USDA commercial breeders --the only way
to protect families to end the puppy mill pipeline to our communities.
Please do not support these bills which would overturn all
the progress we have made to protect families and pets from the cruel pet
trade.
Thank
you for your time in this matter.
______________________________________________
Pam Sordyl
Founder of Puppy Mill Awareness
of Southeast Michigan
Founder of Michigan Friends of
Companion Animals
8758 Deerwood Road
Clarkston, MI 48348
cell: 734-718-7100
______________________________________________
(1) The state no longer regulates or inspects pet
stores.
(2)
The USDA no
longer provides inspection reports online. Reports are fully redacted and take
months to receive.
(14) Puppies are shipped with genetic abnormalities on their
health certificates and the store continues to purchase from the breeders
Kennel
Name
|
Veterinary Inspection
Date
|
Abnormality Noted
|
Cloveridge
Kennel
|
4/13/2017
|
Luxating Patella Grade 1 L Latfral
|
|
5/24/2017
|
Small
open font.
|
|
|
Open
font
|
|
6/8/2017
|
Moderate
open font (all 3 dogs)
|
|
8/31/2017
|
one
of the three female cockapoo had mild underbite
|
|
12/20/2017
|
Puppy
174655-04 has a moderate open font
|
|
1/10/2018
|
Puppy
174656-06 has a mild open font
|
Oakridge
Kennels
|
11/22/2017
|
Unilateral
Crypt Orchid
|
|
2/7/2018
|
Crypt
orchid neuter done 1-31-18
|
Shadow Valley
|
Not
provided
|
Left
knee grade 5 patella not in trochlergroorse
|
|
5/15/2017
|
Open
Font ~ 3mm
|
|
6/2/2017
|
Double
inguinal hernial repaired
|
|
|
Castrated,
double inguinal hernia repaired
|
|
7/13/2017
|
Underbite
|
|
7/19/2017
|
Very
small double inguinal hernia
|
|
|
Unbilical
hernial repaired by Dr. McClintock
|
|
10/18/2017
|
Umbilical
Hernia and double inguinal hernia
|
|
10/25/2017
|
Umbilical
hernia repaired by Dr. McClintock
|
|
|
Castrated
by Dr. McClintock
|
|
11/1/2017
|
Neutered
by Dr. McClintock had an abscess on right side of chest – healing
|
|
11/8/2017
|
Right
testical not fully descended into scrotum
|
|
12/6/2017
|
Very
small open font, left knee grade 2 patellar luxator, right knee grade 1
patella lux
|
|
|
Umbilical
hernia repaired by Dr. McClintock
|
|
12/19/2017
|
Grade
1 right knee, small open font
|
|
12/27/2017
|
Umbilical
Hernia repaired Dr. Mcintock, Umbilical Hernial repaired Dr. McClintock
|
|
1/31/2018
|
Double
inguinal hernia, open font ~ 4mm, extremely small underbite 1 mm
|
Walnut
Ridge Kennel
|
1/3/2018
|
Puppy
has a moderate overbite
|
Ervin
Lee Mast
|
7/13/2017
|
Overbite
|
|
1/17/2018
|
Grade
3 knees right and left
|
David
Troyer
|
6/16/2017
|
Castrated
by Dr. McClintock
|
|
1/31/2018
|
Umbilical
Hernia..small amount of fat on the outside.
|
Melvin
Nisley
|
1/24/2018
|
Puppy
had crypt orchid neuter done 1/10/18
|
(18)
Petland Novi’s lawsuit outlines negligence,
yet the store continues to sell puppies.
Link to “Ten Reasons Petland Novi is Michigan’s worst store”
blog
Learn more about The Family Puppy’s
breeders:
The Family Puppy’s breeders had serious direct violations to
the Animal Welfare Act.
1) Marlin Bontrager,
from Rome City Indiana, was The Family Puppy’s top supplier
of puppies. According to a federal inspection, Bontrager was caging 177 adult
dogs and had two serious direct violations including not seeking veterinary
care for a sick puppy. Suffering was prolonged by not taking the puppy to the
veterinarian. In addition, the inspector also cited Bontrager for housing dogs
in temperatures in the 90’s. Dogs were observed heavily panting and puppies
were stretched out on the wire floor trying to stay cool. Bontrager has a history of violations going
back to 2008 related to housing, shelter, primary enclosures, cleanliness,
feeding and vet care.
2) Devon Schrock,
another of The Family Puppy’s breeders, was cited for accumulations of grime
and hair in the primary enclosures. This harbors diseases. In addition,
Schrock’s drainage system was cited as the upper washdown was draining into a
pen on the bottom where two dogs were exposed. There was hair and sludge
accumulating.
Learn more about Michigan’s newest puppy
store: The Barking Boutique (Grandville, MI)
The Barking Boutique (Grandville, MI) features “showcase”
kennels on their website, yet sources from 82 different Midwest breeders. Cloveridge
is one of the “showcase” kennels that changed their name and business license
for a clean inspection history.
Many of The Barking Boutique’s suppliers
have violated the Animal Welfare Act.
One breeder with violations, Shady Oak Frenchies owned by
Jonathan Detweiler (Princeton,
MO), housed 177 dogs in 2014 and
was not disclosed on the store’s website.
- A Golden Retriever was observed limping on his right
front leg. Applicant said "he may have been in a fight." (April 23, 2013).
- Multiple Animal Welfare Act violations related to
attending veterinarian and inadequate veterinary care program. (April 11, 2013)
- A Bulldog with a bottom jaw sticking out 2 inches more
than her top jaw causing her tongue to stick out and be exposed, dry,
wrinkled and reddened (April
11, 2013)
- Two adult Golden Retrievers were seen wet and shivering
in the outdoor enclosures with no way of getting inside unless the breeder
propped the door open. (April
23, 2013)
Another supplier of The Barking Boutique, Melvin Nisley of Seymour, IA,
was cited for not having a complete program of veterinary care (April 2013).
This kennel is not disclosed on The Barking Boutique’s website.
Link to USDA photos. http://www.nopetstorepuppies.com/dog-breeder/nisley-melvin
- DIRECT
VIOLATION: A Boxer was extremely emaciated, very little fat covering her
frame causing her flanks to sink behind her rib cage. (August, 2, 2016)
- Note,
this USDA report was available online before the 2017 “record black out”.
Learn more about our Daniel
Hochstetler, a USDA Licensed Kennel:
Daniel Hochstetler, a Michigan breeder, testified at the May
2018 House Committee meeting. He did not mention his USDA violations, or how
large his facility was. He was cited for expired medications and a poodle was
observed with a wound on her shoulder. Daniel
Hochstetler’s adult dog inventory:
Inspection Date
|
# of Individual Licenses
|
Compared to USDA Inventory
|
2008
|
25
|
|
2009
|
49
|
30
|
2010
|
44
|
62
|
2011
|
62
|
62
|
2012
|
58
|
60
|
2013
|
|
|
