March 2, 2000

Governor Mel Carnahan
P.O. Box 720
Jefferson City, MO 65101

Dear Governor Carnahan,

Enclosed with this letter are copies of two investigative reports that document separate aspects of the U. S. Department of Agriculture’s ineffectiveness and lax enforcement of regulations pursuant to the Animal Welfare Act. The first report, dated December 1, 1998, documents details of five weeks of intensive surveillance primarily focusing on USDA inspectors responsible for Animal Welfare inspections. The second report, dated February 16, 2000, critiques USDA inspection reports for facilities located in Missouri (43 prefix), Iowa (42 prefix) and Minnesota (41 prefix). According to data on USDA’s Animal Care web page Missouri leads the nation with approximately 949 Class "A" breeders and 132 Class "B" dealers. Kansas is second with 371 and 71 respectively. Since Missouri has the largest concentration of commercial pet production and distribution facilities in the nation these reports should be of interest to you.

As you are aware Dr. John Hunt is the Director of the Animal Health Division with the Missouri Department of Agriculture and a political appointee of your administration. As such Dr. Hunt is responsible for the overall administration of the Animal Care Facilities Act (ACFA) that includes inspection of ACFA licensees and enforcement of ACFA regulations. The ACFA regulations essentially mirror those administered by USDA although federal licensing requirements are not as broad as ACFA’s. For those facilities that hold dual state and federal licensees MDA and USDA have a formal "Memorandum of Understanding" that basically gives federal inspectors primary responsibility for inspections at federally licensed facilities. In light of limited resources at state and federal levels this may seem prudent, however, in USDA’s 1998 report to Congress only 55.7% of federally licensed or registered facilities were in compliance with the minimum standards. It should also be noted that federal authorities were responsible for the initial training of state inspectors. Under Dr. Hunt’s leadership employees have also been hired who are intimately involved with commercial pet production facilities. In the eyes of the general public this will no doubt diminish credibility even further. Granted their (or their spouses) facilities are apparently inspected by federal employees, however, their official duties could easily foster circumstances that at best would constitute a gross conflict of interest.

Under your administration Dr. Hunt has failed to insist that USDA enforce Animal Welfare regulations designed to protect the health and well being of animals housed in commercial facilities. After passage of ACFA Dr. Hunt appeased federal authorities by signing a "Memorandum of Understanding" that would keep state inspectors out of facilities that held dual licenses. USDA did not fear redundancy but credible inspections by state employees that could prove to be a major embarrassment to federal authorities. Major discrepancies between state and federal inspection reports could have spawned felony cases in instances where inspections were falsified (18 U.S.C, 1001). Dr. Hunt has disgraced your administration and the citizens of this state even further by employing individuals with direct ties to the commercial pet industry. Missouri is quickly loosing its identity as the "Show Me" state with its flourishing "Puppy Mill" image.

As a national animal advocacy group In Defense of Animals will not tolerate the "status quo". We must insist that existing laws that provide any semblance of protection to animals be enforced to the letter. To that end we will utilize our resources to the fullest extent possible to expose USDA’s disregard for the health and well being of animals protected by the Animal Welfare Act. The public must also be apprised of the political atmosphere here in Missouri that evidently places more value on the economic vitality of commercial pet facilities rather than on the health and well being of the animals as was intended.

Unless and until the leadership of this state address the unconscionable conditions that have been allowed to flourish at state and federally licensed facilities our constituency and animal lovers throughout the country will be advised to boycott Missouri vacation destinations.

Sincerely,
Marshall G. Smith
Director of Investigations

cc: Joseph Driskill, Director — Department of Economic Development