Donald D. Foster

In view of my prior interaction with Mr. Donald Foster (while I served in an official capacity with the USDA) as well as Administrative Court Proceedings subsequently initiated by USDA against Mr. Foster a thorough review of his inspection reports is warranted. For anyone not knowledgeable of USDA regulations a cursory review of the inspection reports would seem to indicate that violations are accurately reported at this facility. Upon close review, however, it is apparent that many inconsistencies have and evidently continue to flourish. For example, as the standards are written there are instances where a particular situation may be covered in multiple areas of the regulations. In most instances one area of the regulations might be more specific to a particular situation while others apply in a broader sense. A good example is documented by Mr. Harold Becker during a May 17, 1996 Inspection at Foster’s facility. Becker notes under structure and construction, 3.1 (a) that "…need to have a front put on dog house to prevent weather from blowing in." This was a category III item since it was a Non-compliant item identified this inspection. During a July 19, 1996 re-inspection of Foster’s kennel Mr. Becker cites under shelter from elements, 3.4 (b) that "…needs something around door to prevent weather from entering dog house." On September 19, 1996, under general requirements, 3.6 (a)(2)(v), Becker reports "Dog boxes and some pens do not allow animals to remain dry and clean. Dog boxes must be constructed to prevent animals from being exposed to weather." In each of these instances the non-compliant item was considered newly identified instead of an ongoing problem. Mr. Becker should have documented the non-compliant item on the two subsequent inspections as Category IV, "violations". Personnel at the Regional Office who review the inspection reports should have noticed that this was apparently an ongoing problem at Mr. Foster’ facility. Numerous "violations" continue to be reported on inspection reports including structure and construction, condition and site, drainage and waste disposal, cleaning and sanitation, housekeeping, and identification. Adding to the confusion an inventory was taken on February 27, 1998 in conjunction with an Administrative Hearing and no "non-compliant items identified". In view of legal proceedings initiated by USDA that resulted in a license suspension an inventory was taken and conditions at the facility should have been documented. USDA inspectors routinely document Category I; items previously identified that have been corrected. There was no such indication on the February 27, 1998 inspection report. Another inventory was taken on March 31, 1998 and again it was noted that "No non-compliant items identified during this inspection", however, nothing indicating that the previously identified non-compliant items had been corrected. Mr. Becker re-inspected the facility on October 8, 1998 and documented that 3 minor non-compliant items had been corrected. This is confusing because the two previous inspections indicated that "no non-compliant items identified during this inspection." A September 10, 1997 inspection, which was prior to the two court ordered inspections, documented one category III, non-compliant item(s) documented this inspection, and eight category IV, "violations". USDA may further restrict licensee’s by adding language in the "Decision and Order" that prohibits violations of the Animal Welfare Act for a specified period of time. In Mr. Fosters case a substantial fine was levied with a large portion suspended provided he did not violate the Animal Welfare Act for a period of two years. Now USDA inspectors’ report in an inspection dated April 15, 1999 that the trailer housing dogs was so bad that "Inside trailer walls, ceiling and floors all need repair from holes in walls and ceiling." The inspection report further elaborates that "old building down over hill needs total rebuild." The most recent inspection, dated July 28, 1999 indicates under Category III (newly identified) non-compliant items that "All cages in old hay barn have one and a half by one and a half opening in wire. These are too large small dogs contained within and must be changed. Also this wire is [loosing] most of its coating, leaving it bare." These inspection reports demonstrate the pathetic job that USDA is doing to protect the health and well being of regulated animals. There should be no question that they are more interested in protecting the rural economy.

Inspection History Since May 17, 1996

12 Inspections

Inventory last inspection: 91 adult dogs, 46 puppies

Inventory: 112 adult dogs, 34 puppies

Structure and construction, 3.1 (a)

General requirements, 3.6 (a)(2)(I)

Housekeeping and pest control, 3.11 ©

Records, 2.75

Inventory: 112 adult dogs, 127 puppies

General requirements, 3.6 (a)(2)(I)

Shelter from elements, 3.4 (b)

General requirements, 3.6 (a)(2)(ii) (Violation)

Cleaning and sanitation, 3.11 (a)

Identification, 2.50

Structure and construction, 3.1 (a) (Violation)

Housekeeping and pest control, 3.11 ©(d) (Violation)

Records, 2.75 (Violation)

Unknown

Unknown

Continued from missing pages

General requirements, 3.6 (a)(2)(v)

Feeding, 3.9 (a)

Watering, 3.10

Employees, 3.12

Veterinary care, 2.40 (b)(3)

Structure and construction, 3.1 (a)

Shelter from elements, 3.4 (b)

Cleaning and sanitation, 3.11 (a)

Housekeeping and pest control, 3.11 ©

Identification, 2.50 (b)(1)(I)

Records, 2.75

Inventory: 275 dogs

Condition and site, 3.1 (b)

General requirements, 3.6 (a)(2)(v)

Feeding, 3.9 (b)

Watering, 3.10

Shelter from elements, 3.4 (b)

Pest control, 3.11 ©

Space and additional requirements, 3.6 ©(1)

Structure and construction, 3.1 (a) (Violation)

Surfaces and cleaning, 3.1 ©(1) (Violation)

Storage, 3.1 (e) (Violation)

Ventilation, 3.2 (b) (Violation)

Cleaning and sanitation, 3.11 (a) (Violation)

Housekeeping, 3.11 © (Violation)

Employees, 3.12 (Violation)

Identification, 2.50 (b)(1)(I) (Violation)

Records, 2.75 (Violation)

Veterinary care, 2.40 (b)(3) (Violation)

Inventory: 184 adult dogs, 66 puppies

Records, 2.75

Veterinary Care, 2.40

General requirements, 3.6 (a)(2)(I)

Structure and construction, 3.1 (a) (Violation)

Condition and site, 3.1 (b) (Violation)

Surfaces and cleaning, 3.1 ©(1) (Violation)

Storage, 3.1 (e) (Violation)

Drainage and waste disposal, 3.1 (f) (Violation)

Ventilation, 3.2 (Violation)

Cleaning and sanitation, 3.11 (a) (Violation)

Housekeeping, 3.11 © (Violation)

Employees, 3.12 (Violation)

Identification, 2.50 (Violation)

Inventory: 235 dogs

Surfaces and cleaning, 3.1 ©(1)

Ventilation, 3.2

General requirements, 3.6 (a)(2)(I)

Records, 2.75

Structure and construction, 3.1 (a) (Violation)

Condition and site, 3.1 (b) (Violation)

Storage, 3.1 (e) (Violation)

Cleaning and sanitation, 3.11 (a) (Violation)

Housekeeping, 3.11 © (Violation)

Employees, 3.12 (Violation)

Identification, 2.50 (Violation)

119 adult dogs, 22 puppies

None

Inventory: 118 adult dogs, 39 puppies

None

Inventory: 120 adult dogs, 75 puppies

Structure and construction, 3.1 (a)

General requirements, 3.6 (a)(2)(I)

Housekeeping, 3.11 ©

Inventory: 149 adult dogs, 66 puppies

Veterinary care, 2.40 (a)

Structure and construction, 3.1 (a)

Space, 3.6 ©(1)(I)

Watering, 3.10

Cleaning and sanitation, 3.11 (a)

Housekeeping, 3.11 ©

Identification, 2.50

Identification, 2.50

Records, 2.75 (a)

Age requirements, 2.130

Inventory: 91 adult dogs, 46 puppies

Space, 3.6 ©(1)(I)

Watering, 3.10

Identification, 2.50

Structure and construction, 3.1 (a)

Primary enclosures, 3.6 (a)(2)(x)

Veterinary care, 2.40 (Violation)

Cleaning and sanitation, 3.11 (a) (Violation)

Housekeeping, 3.11 © (Violation)