"lily learned so much in our home- about being a family member, being a dog, being worthy. I will always be bothered that she never learned how to run or really how to play. But she learned how to love and be loved and for that, there are no words. She changed our lives forever.

Lily died on May 13, 2008 at the age of eight- about half the life expectancy for an Italian Greyhound. Martha, she died as a direct result of the neglect she suffered for seven years in your care. How many others have suffered the same fate?

This industry has been hidden far too long. The word is out, the days are numbered. People like you will soon venture out into fields of honest work and leave the care of God's creatures to those of us who truly love them."

Theresa Strader

Natioru:~l Mifl Dog Rescue

May 15,2008

Dear Martha,

It's been fifteen months since you and I first met. More than likely, you remember very little about me. After all, we met in your world, on your property in fact. Since that day, elements of your world have become a very big part of mine. For that, myself and many like­minded people are very thankful to you.

In February 2007, I received an email- "50 Italian Greyhounds in need" and with that, a phone number. Having had a lifetime affinity for the breed, I called the number to find out what the story was and how I might be able to help. I'm certain you know where this letter is going now.

Yes, February 17, 2007, after 40+ years, your kennel would be going out of business. Time to retire and relax after four decades of mistreating dogs. Five hundred and sixty one dogs would head to the auction blocks that day, 49 were Italian Greyhounds. It was without question that I would help, though I must admit, I had no idea what I would come to learn through the process. Due to transportation issues, I realized that if I were to be of any use to these dogs, I would have to drive out to Lamar myself. So, on the 16th of February, my daughter and I headed to Missouri.

Understand, I've been involved in dog rescue essentially my entire life- fostering and placing homeless dogs, caring for sick or injured dogs, assisting overpopulated shelters, etc. I have always known about puppy mills and pet store puppies but have never shared my home with anything other than rescued animals. For the record, I AM NOT AN ANIMAL RIGHTS ACTIVIST. What I am is a person who believes in the right to humane treatment for all living things.

Martha, what I witnessed on your property was far from humane. Hundreds of terrified ailing faces, imprisoned in their wire confines, some staring at me, but most too fearful to look into my eyes, so unsure of how to interpret human contact. That experience has caused me countless sleepless nights and to this very day, the sadness and the fear in their eyes haunts my very being.

I am completely aware that you were operating well within USDA standards- what a despicable thought that is. I am also aware that in your circles, commercial breeding dogs are considered livestock. Dogs are not livestock, Martha. Thousands of years ago, man domesticated dogs to be our protectors, hunters, herders, guardians, but most of all, our companions.

I came home with thirteen of your dogs- nine Italian Greyhounds, two Dachshunds and two Papillons. Not a single dog that I had cared for in over 25 years of rescue work came anywhere close to the

physical and emotional damage that your dogs had suffered. As it related to rescuing dogs, the next several months would become the education of a lifetime for me.

The entire purpose of this letter though, is about just one of those dogs, the one who would find her forever home here with my family ..... #251- AKC registered "Reedgate's Swift Motion". Oh, the irony of her name- Swift Motion- an Italian Greyhound who was never able to run. Caging her for her entire life stripped her of ever having enough strength in her legs to experience the joy of running. A cruel reality for a breed built to run .

In our home, we cut the chain from her neck, replaced it with a soft collar and named her Lily. At the age of seven years and one month Lily had been set free.

Lily was one of several of your dogs that was missing her lower jaw. I wonder how you might explain why so many of your dogs were suffering from this condition. I wonder if you were ever concerned about their pain or perhaps about how they were able to eat enough to stay alive. I wonder how many died in your care from the results of this condition. I wonder if you even noticed. I'm very certain you did notice one thing beyond the rotting faces though- their ability to produce puppies. That's what your business is all about- producing puppies, at any expense.

Lily became an absolute treasure in our home. Despite her many health issues and her extreme fear, in time, with lots of love and care, she found her courage and when she did, no one was immune to her love. Men, women and children brought to tears to hear her story and to have the untold pleasure of meeting her. Lily's life was no longer about what she could do for you but instead, how we could make it up to her in a warm and loving home.

It was agonizing for our family to watch her suffer through four surgeries to remove mammary tumors, to attempt to repair her decaying face and to spay her- removing the papery black, pus filled organ that was once her uterus. How selfish of you never to see her pain, just the dollars.

Directly because of your gross neglect, every meal Lily ate was a struggle. We tried so many foods and so many different ways to make it easier for her to eat. But in the end, she had to do it her way, the way she learned at your place, the way she kept herself alive for you- picking kibbles out of her bowl, a few at a time with her feet, spreading them around the floor, then rubbing the "good" side of her face along the floor to catch a kibble on her tongue, then extending her neck upwards and swallowing it whole. Think about that, Martha. How would you like to eat just one meal that way?

Do you remember sitting in my car when the auction was over? The guys were gathering up the dogs that I had "won". You said to me, "I just love my Italian Greyhounds". Oh, the thoughts that went through my mind when those words came out of your mouth. You don't love any dogs, Martha. What you did was spend more than forty years of your God given life using dogs for your personal gain. No regard to their physical or mental well-being, just cashing in on their ability to reproduce. Think about the thousands of dogs that passed through your hands- you robbed every single one of them of the simple joys they so deserve. A good meal, a warm and comfortable place to sleep, medical attention, and most of all, a human companion to make their lives whole.

Lily learned so much in our home- about being a family member, being a dog, being worthy. I will always be bothered that she never learned how to run or really how to play. But she learned how to love and be loved and for that, there are no words. She changed our lives forever.

Lily died on May 13, 2008 at the age of eight- about half the life expectancy for an Italian Greyhound. Martha, she died as a direct result of the neglect she suffered for seven years in your care. How many others have suffered the same fate?

This industry has been hidden far too long. The word is out, the days are numbered. People like you will soon venture out into fields of honest work and leave the care of God's creatures to those of us who truly love them .

Theresa Strader

Contact Us Voicemail: (719) 495-7679 Toll Free: (888) 495-DOGS Email : info@milldogrescue.org Mailing address: National Mill Dog Rescue PO Box 88468 Colorado Springs, CO 80908

Puppy Mill Dog Sales in Delray Beach, Florida

Contents:

Letter: Theresa Strader National Mill Dog Rescue

Article: Palm Beach Post, Mass breeders ship thousands of puppies to Palm Beach County, Treasure Coast

HSUS List: Delray Beach Puppy Mill Dog Sales from their "Horrible Hundred" commercial breeders (Included here are the sales documents filled out in the store's own handwriting from Waggs to Riches and submitted to Palm Beach County Animal Care and Control as well as Veterinary Inspection certificates verifying delivery of the dogs from these "Horrible Hundred" commercial breeders to Waggs to Riches)

HSUS Conversion Print out: A way to help pet stores that sell puppies switch to a more humane model

ASPCA Letter: To Mayor Glickstein Re: Retail Puppy sales in Delray Beach

HSUS Letter: To Delray Beach City Council Re: Sale of puppy mill dogs in pet stores

This is an extensive report from December of 2010, in which the Palm Beach Post says Kim Curler, the owner of Waggs to Riches, knew one of the commercial breeders she used was a puppy mill and she no longer used them.

Breaking news starts here

Posted: 9:21p.m. Saturday, Dec. 11 , 2010

Mass breeders ship thousands of puppies to Palm Beach County, Treasure Coast Stores unaware of citations

Most of the breeders did not respond to repeated requests for comment. A person answering the phone at the Lourances ' kennel said simply, "If you are talking about puppy mills, then you are not talking to me."

But breeder Donna Brown, whose USDA reports contain minor violations over a three-year period - rust on a cage side where puppies had peed was one - points out that some negative comments by USDA simply reflect the day-to-day realities of farm life. "When you live on a farm, it's ongoing, all the time, with repairing and improving and painting and welding. It's just constant repair." And at Little Pals of Boynton Beach, owner Donna Erickson says, "She has sold me wonderful, wonderful puppies." Pet store owners who agreed to speak with The Post all said they were unaware ofUSDA violations by suppliers. "If they don't have a license in good standing, and if problems are not corrected, then that is not something we would want to deal with," said Alan Garson, co-owner of Palm Beach Puppies and Boutique in Boca Raton and Palm Beach Puppies of Wellington, where puppies are kept in baby cribs and European doggie­designer clothing hangs from the walls.

"I will not use them anymore," Top Shelf Puppies owner Debora Vanoort said of the Lourances. "I didn' t know" about the USDA violations. " And Waggs to Riches owner Kim Curler emphasized she used Fletcher Creek only one time and no longer buys puppies from the kennel.

A spokesman for Tiny Paws, who refused to identifY himself but stated that he spoke on behalf of the owners, said ofbreeders with violations: "You live and you learn. There are some bad ones out there and we try to stay away from them."

Mass breeders ship thousands of puppies to Palm Beach County, Treasure Coast

A puppy is dipped in insecticide intended for livestock at Kathy Bauck' s kennel in New York Mills, Minn., in this video provided by the Companion Animal Protection Society. Bauck was found guilty of three misdemeanor counts of animal torture and one of animal cruelty in March 2009, around the same time a puppy belonging to her husband was sold to a Palm Beach County pet store. Bauck said she was set up by the photographer and never mistreated animals. This image was taken from video that aired on WBBM-TV (Channel2) in Chicago.

Photo taken at Allan R. and Kathy Jo Bauck's Pick of the Litter kennel in New York Mills,

Caged shih-tzu puppies in a garage in suburban Lake Worth. The dogs came from puppy breeders in Missouri. The owner voluntarily gave custody to Palm Beach County Animal Care and Control.

Allan R. and Kathy Jo Bauck's Pick of the Litter kennel in New York Mills, Minnesota.

By Pat Beall and Jennifer Sorentrue

Palm Beach Post Staff Writers

What Susan Marik wanted was a healthy, teacup-sized pug puppy with a good pedigree - and no puppy mill in its history.

What she got from a Boca Raton puppy boutique was 4-pound, 11-week-old Molly, loaded with germs, in need of oxygen treatments and born in Missouri, the puppy mill capital of the nation.

Molly' s travels are part of a puppy pipeline from the Ozarks to South Florida, one that has brought thousands of sometimes-sick puppies from mass-breeding operations to local pet stores. At least 2,500 puppies were delivered to Palm Beach and St. Lucie counties from out-of-state breeders in an 11-month period examined by The Palm Beach Post.

Roughly one in three of those came from breeders or distributors cited for problems by the U.S. Department of Agriculture, which oversees wholesale dog breeding. Citations varied from keeping animals in too-small and rusting cages with exposed nails or wires, to caked feces, to infestations of roaches and other insects that covered the walls and ceilings of kennels. At one operation, which delivered 82 puppies to area pet stores, USDA inspectors found multiple sick animals in need of veterinary care. Two had to be euthanized. In dozens of cases, kennel owners averted USDA inspection entirely by not being on site when inspectors showed up.

Pet sales nationally are a $2.2 billion business, according to the American Pet Products Association, fed in part by growing demand for "teacup" -sized dogs. It's not known what percentage of pet store sales of puppies are dependent on mass-breeding operations. However, "it's definitely in the millions" of dollars nationwide, said Kathleen Summers, manager of the Humane Society of the United States' anti-puppy-mill campaign. "If you consider that if (broker and distributor) Hunte Corp. alone sells 85,000 puppies a year, and if they are making a couple of hundred dollars per puppy, then you are at $16 million a year and that is just for Hunte."

Wire cages, imperfect rules

Eight area pet retailers received puppies from troubled breeders. Those contacted or visited by The Post all emphasized that their puppies come from USDA-certified breeding operations. And some pet stores, such as Petland, use middlemen with few USDA violations.

Brokers, though, may be buying from breeders with documented problems.

Molly, for instance, came from B&T Distributors, a broker with no major USDA citations. However, B&T got the puppy from Missouri breeder Vicki Nelson. Within weeks ofMolly' s birth, a USDA report on Nelson's operation during a pre-license inspection found crowded cages that did not have enough room for dogs to "sit, stand, and lie in a normal manner and to tum about freely. " The inspector also noted that outdoor enclosures were rusty and dirt-covered, and some had sharp edges.

Such inspections are not a perfect science: The USDA employed just 99 inspectors in 2008 to examine 5,720 licensed breeders and brokers across the nation. Further, some sellers in The Post's review of sales records were not listed as licensed by the USDA, avoiding any inspection. And sellers who deal directly with buyers over the Internet are not federally regulated.

Even a clean USDA bill of health may not mean much, a recent federal audit suggested, because the agency has done such a poor job of policing, fining and supervising puppy breeders. And revoking a license is rare, sometimes taking years to complete, while a breeder may continue to do business.

Also, "USDA regulations allow a medium-sized dog to spend her entire life in a cage the size of your refrigerator with several other dogs, and the breeder is in full compliance," said Marcy LaHart, an attorney who sued Puppy Palace in Boynton Beach on behalf of a customer who bought a sick puppy. The case was settled out of court.

"Commercial breeders typically house their dogs in unheated wire cages, and USDA regulations do not require that the dogs ever be allowed out of those cages to relieve themselves or get exercise," said LaHart. "Not daily, not weekly, not ever."

Some items commonly cited by USDA inspections of breeders selling to local pet shops might seem small . But matted hair leads to skin sores. Puppies whose paws become stuck through too­large holes in the floor can break a leg. And then there are rusted, broken or protruding cage wues.

"One of the most common things we find in puppy mills where we do rescues are dogs with missing eyes due to the jagged metal on wire cages," said Tim Rickey, senior director of field investigations for the American Society for the Prevention of Cruelty to Animals. "These dogs frequently have a 2-by-2-foot box to live in. Ifthere is jagged metal, it is guaranteed to injure the animal at some point. Those are pretty significant infractions."

Serious USDA violations

Certain breeders delivering puppies to Palm Beach County had more serious problems, according to USDA reports from 2007 to 2010. Among them:

• Karen Brunkhorst, Armstrong, Mo.: Repeatedly averted USDA inspection because no one was home. Litter of puppies walking in soupy wet feces; some with extremely splayed feet, likely from nutritional deficiency. Two adult mastiffs taller than their cages. Two adult golden retrievers in same shelter without enough room to sit, stand or move about freely. Local sales: Palm Beach Puppies in Boca Raton and Tiny Paws in Port St. Lucie.

• Cheryl Moudy, Seneca, Mo.: Sharp wires in cages, feed bowls contaminated with caked food dust and feces from top cages leaking onto bottom cages. Local sale: Kim Hayes, who sells puppies from her home.

• Brandi Cheney, two sites run by her or her mother; Milan, Mo. : In outdoor shelters, 73 dogs lacked bedding, despite temperatures near zero at night. Local sales: Palm Beach Puppies in Wellington and Boca Raton, Star Pups in Royal Palm Beach, Sophisticated Pup in Lake Worth .

• Mary Ann Susalski' s Fletcher Creek Kennel, Little Falls, Minn. : 189 dogs in enclosed buildings with no fans to offset temperatures that rose to 87 degrees or more. Numerous dogs had seriously overgrown nails, which can lead to lameness. A litter of five puppies, each measuring about 13 inches in length, kept in a 46-by-30-inch pen. Local sale: Waggs to Riches in Delray Beach.

• Darlene and Robert Lourance, Duncan, Okla.: Dental rot, eye infections, lacerations. Two dogs euthanized. Flaking rusted cages, feeders with rust or holes, outside wire floors with a large accumulation of feces. Insects, including cockroaches, in the food, on the walls and ceiling . Chickens in coops on top of puppies. Jagged broken wires . Local sales: Top Shelf Puppies in Royal Palm Beach, Tiny Paws, Star Pups and Palm Beach Puppies.

• Kathy Bauck, New York Mills, Minn.: Convicted on four misdemeanor counts of animal cruelty and torture the same month her husband was selling a puppy to Palm Beach Puppies.

Individuals also may purchase directly from a breeder with troubling USDA records . A West Palm Beach man and St. Lucie County woman each bought a puppy from Diane Swearingen of Missouri. Inspectors at the kennel found a beagle with a days-old, inches-long leg wound exposing the dog's muscle. The morning after temperatures had dipped to 27, a dead puppy was found among a litter of week-old terriers living outside.

The puppy pipeline is heavily dependent on brokers who deal directly with breeders and buyers. But middlemen can have problems of their own. The Hunte Corp. , one of the nation' s largest

puppy distributors, delivered more than 100 dogs locally, mostly to Petland stores. Hunte was cited in 2008 for too-small cages.

Two lawsuits brought by former out-of-state Petland franchisees alleged Hunte delivered truckloads of ailing puppies. And last year, a division of Hunte agreed to pay the Environmental Protection Agency a $56,600 fine for selling insecticide intended for hogs and cattle as a flea and tick remedy for dogs. The company did not admit wrongdoing in the settlement. The crowding cited in 2008 was alleviated in a matter of hours, Hunte said.

Stores unaware of citations

Most of the breeders did not respond to repeated requests for comment. A person answering the phone at the Lourances' kennel said simply, "If you are talking about puppy mills, then you are not talking to me."

But breeder Donna Brown, whose USDA reports contain minor violations over a three-year period - rust on a cage side where puppies had peed was one - points out that some negative comments by USDA simply reflect the day-to-day realities of farm life. "When you live on a farm, it' s ongoing, all the time, with repairing and improving and painting and welding. It's just constant repair." And at Little Pals of Boynton Beach, owner Donna Erickson says, "She has sold me wonderful, wonderful puppies." Pet store owners who agreed to speak with The Post all said they were unaware of USDA violations by suppliers. "If they don't have a license in good standing, and if problems are not corrected, then that is not something we would want to deal with," said Alan Garson, co-owner of Palm Beach Puppies and Boutique in Boca Raton and Palm Beach Puppies of Wellington, where puppies are kept in baby cribs and European doggie­designer clothing hangs from the walls.

"I will not use them anymore," Top Shelf Puppies owner Debora Vanoort said of the Lourances. "I didn't know" about the USDA violations." And Waggs to Riches owner Kim Curler emphasized she used Fletcher Creek only one time and no longer buys puppies from the kennel.

A spokesman for Tiny Paws, who refused to identify himself but stated that he spoke on behalf ofthe owners, said ofbreeders with violations: "You live and you learn. There are some bad ones out there and we try to stay away from them."

To be sure, not every local pet store relies on mass-scale, out-of-state breeders. Some rely in part on local "hobby" breeders.

But local pet stores said using out-of-state breeders remains necessary - and in some cases, preferable to local breeders. "There are just as many problems with local breeders," Vanoort said.

Pat Boyd, a boxer breeder and president of the Jupiter-Tequesta Dog Club, said local hobby breeders, prevented by local law from breeding more than 19 puppies a year, cannot keep up with the demand for pure-bred animals. "I am not a fan of pet stores selling dogs, but there is no way the hobby breeders can keep up with any of this," Boyd said.

Little dogs, big bills

USDA regulations require that a veterinarian examine puppies before they' re shipped for sale, and every puppy coming into Florida from out of state has a vet sign off on its health. In addition, most pet stores advise buyers to have a veterinarian check out the puppy within 48 hours of purchase.

Palm Beach Puppies' Garson emphasized that Molly the pug had been cleared by a vet as healthy enough to fly to New Jersey to her new owner. "But sometimes when you ship a young puppy, the flights are stressful, and unfortunately they can get sick." The pug was healthy when he received her, he said, regardless of any USDA violations on the breeder' s part.

Yet buyers who wind up with puppies from large-scale breeders also may wind up with large vet bills. That' s because such ailments as kennel cough and parasitic infections have been linked to intensive breeding in close quarters.

"Structural or genetic deformities are also common and are a result of poor breeding practices, primarily inbreeding and breeding animals with known genetic issues such as hip dysplasia," said the ASPCA' s Rickey.

The kennel that sold Barb Sciandra's Missouri-bred Y orkie, Mitzy, got a clean bill of health from the USDA, but, said Sciandra, the puppy from Star Pups was ill from the outset with kennel cough and sores on her neck, ailments that helped push vet bills to more than $1 ,500.

Pam Ratfield said of her own puppy from Star Pups, "We noticed right away he was not feeling well." The puppy had kennel cough and giardia, a parasite that interferes with a dog's ability to digest food. As the dog' s condition worsened, "We really thought he was not going to make it. " Star Pups paid for the weeks of vet care needed to nurse the puppy back to health.

Palm Beach Gardens resident Brittney Flynn purchased a pug-beagle mix - a puggle named Moxon- from a Miami-Dade County pet store. The puppy was sick the day he arrived home, and soon developed pneumonia requiring a nine-day veterinary hospital stay. He pulled through, and is now a therapy dog. The Oklahoma breeder who originally sold Moxon was named in a lawsuit brought by another local pet owner whose puppy was sick.

"I have learned my lesson and as much as I love my dog, I will never buy a dog from a puppy store again," Flynn said. "I refuse to put any more money in the system of puppy mills."

Palm Beach County commissioners, meanwhile, are poised to discuss a law calling on puppy stores and distributors to disclose more information about the animals they are selling. "It would require pet shops to give a purchaser very detailed information about the pet' s dealer and breeder," said Assistant County Attorney Shannon Fox.

Pet stores would be required to place placards on cages disclosing where the puppy was born or bred. And puppy brokers who sell out of their homes would be required to tell consumers where

require pet shops to give a purchaser very detailed information about the pet's dealer and breeder," said Assistant County Attorney Shannon Fox.

Pet stores would be required to place placards on cages disclosing where the puppy was born or bred. And puppy brokers who sell out of their homes would be required to tell consumers where the dog came from. "It would let consumers know absolutely who the broker or dealer middleman was so they could have the opportunity to research it themselves," Fox said.

Palm Beach County Commissioner Shelley Vana, who is pushing for the county ordinance, said many consumers simply don' t understand that pet-store puppies are frequently shipped in from large out-of-state breeding operations.

"I think if people knew they were getting puppies that were born of a mother that has never seen the light of day, they wouldn' t want that puppy," Vana said. "People don't know."

Staff writer Adam Playford and researchers Michelle Quigley and Niels Heimeriks contributed to this story.

How this report was done

The Palm Beach Post examined thousands of puppy health certificates filed every time a dog is brought into Florida. The certificates, signed by licensed veterinarians to show pets are healthy and vaccinated, list who brought the puppies into the state, their destinations, breeds and ages. However, the certificates are not reviewed by the state. They are simply boxed and filed .

Staff writer Jennifer Sorentrue sorted through thousands of certificates filed between June 2009 and April with the Florida Department of Agriculture and Consumer Services in Tallahassee. The Post found 2,718 dogs brought to Palm Beach, Martin and St. Lucie counties but removed adult dogs and greyhounds from its analysis. Some certificates were incomplete or illegible.

Staff writer Pat Beall cross-checked the breeders who sent two or more dogs to Palm Beach or St. Lucie counties against more than 100 U.S. Department of Agriculture inspections.

Staff writers Hana Engroff, Annette Jones, Holly Baltz and Liz Balmaseda contributed to this report.

Not only are there pages and pages of records filed with Palm Beach County Animal Control listing sales of puppies from puppy mills in Delray Beach, we found proof of sales of puppies to Waggs to Riches from six of the Humane Society's worst of the worst, their "Horrible Hundred" commercial breeders (Included here are the sales documents filled out in the store's own handwriting from Waggs to Riches and submitted to Palm Beach County Animal Care and Control as well as Veterinary Inspection certificates verifying delivery of the dogs from these "Horrible Hundred" commercial breeders to Waggs to Riches)

They include:

Audrey Rottinghaus Krystal and Sandra Rottinghaus Darlene and Charlene Koster Lori lee Thomas Kimberly Coleman Johana Abernathy and Terri Schnieders

OF THE UNITED STATES

A Horrible Hundred Problem Puppy Mills in the United States

In recent years The Humane Society of the United States (HSUS) has assisted in rescuing almost 10,000 dogs from more than 50 different puppy mills across the country. While The HSUS stands ready to assist law

enforcement with closing down illegal puppy mills whenever feasible, there remain an estimated 10,000 puppy mills across the United States, and many of them are legal. Although most of the dogs at these mass-breeding facilities have no real quality of life, living continually in

small wire cages with little or no personal attention, exercise or veterinary care, there are very few laws to protect them as long as they are being provided with food, water, and shelter.

Many dogs at Royal Acres Kennel in Magnolia, C, -ere dachshund suffered from para lysis as well as secondar. -~ • .-....._tree~ a~~ body along the concrete. With the assistance of e ~ dogs from Royal Acres in February 2013, including is home. But authorities declined to close down the pu sell puppies online. /The HSUS 2013

But hundreds of puppy mills can't-or won't-meet even the most basic mini Some facilities have been cited repeatedly by federal or state depa rtments o agri dogs who had not been treated by a vet, keeping dogs in filthy conditions, s bjectJ cold or stifling heat without adequate protection, performing invasive surgeries o veterinary license, and even in some cases shooting their unwanted dogs.

This report is a list of some of the nation's dog breeding kennels that are of high co ce o ~e -repeated problems with animal health or animal care. It is not a list of all puppy mills, nor a · of a problematic facjlities. The list does not include other problematic puppy mill dealers, s c as :::r e-s a-: stores, nless the operators are also breeding dogs.

e Horrible Hundred ©The Humane Society of the United States, May 2013 I CONTENTS

Legal name: Audrey Rottingaus Customer No. 33821 Certificate No: 48-80313 Certificate Status: Active Status Date: Aug 20, 2008

Photographer. R. Bacon Legal Name: 43-9-0313

Photo T UDREY R OTTIN HAUS

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Description: Front photo Cf Sh tzu I 018 tx:l7 w~h dental disease

Legal Name (DBA): Krystal Rottinghaus Customer Number: 324943 Certificate Number: 48-A-2120 Certificate status: ACTIVE Status Date: Oct 8, 2010

Photographer: R. Bacon

Photo Taken: Tut. J.an 10, '12 300 P

Inspection: 11121211230579

Legal Name: UDREY ROTT1 GHAIJS

Description: Chihuahua I 087 123 018w h ao open wound on r~ht h.Jnd stde.

48- EHl313

Under Rottinghaus, there are a series of violations. Note in Oct 2010, they canceled their license.

There are horrible reports on this entire family. Lots of evidence AND Delray Beach suppliers.

Audrey Rottinghaus I Wendy Pets- Seneca, KS: Dog's Head Trapped in Broken Cage, Family

History of Failure to Care for Dogs

In 2012 alone, the puppy mill linked to Audrey Rottinghaus, Wendy Pets {48-B-0313), was cited

for several dogs in need of veterinary care, including a limping dog and a dog with an open,

swollen wound; housing so unsafe that a Yorkie's head was found entrapped in a gap in a cage

lid, and initially refusing to let a federal inspector photograph a dog with oozing 11blackish

discharge" coming out of his ear, among other problems. Wendy Pets houses more than 100

dogs and puppies. USDA #48-B-0313

Krystal and Sandra Rottinghaus- Seneca, KS: Repeat Violations for

Emaciated and Limping Dogs

During her last routine inspection in April 2013, Krystal Rottinghaus was cited with a 11Repeat,

Direct" noncompliance by USDA inspectors for numerous dogs in urgent need of veterinary

care, including several lame and limping dogs, a shih tzu who was so thin that her 11backbone

and hip bones were protruding," a Boston terrier with lesions on the surface of his eyes, and

other erious repeat violations.

In April 2012, Krystal Rottinghaus was cited for 5 dogs in need of medical care and several

issues with unsafe housing that could injure the dogs. Krystal and Audrey {USDA licenses 48-A-

2120 and 48-B-0313) are believed to be the daughters of Kale and Sandra Rottinghaus. Kale and

Sandra Rottinghaus. Kale and Sandra essentially transferred their previously essentially

transferred their previously licensed puppy mill, which had been cited again and again for

horrific animal care violations, into Krystal's name on October 5, 2010. Since then, conditions

clearly have not improved. Sandra Rottinghaus remains closely associated with Krystal's

business. In June 2011 Sandra signed a Kansas kennel inspection report that noted an

emaciated dog, a limping dog, matted dogs, and rusted and unsafe housing. According to the

most recent records available from the USDA, more than 600 dogs and puppies are confined in

the puppy mill. USDA #48-A-2120.

Truck.

Certft::ate of Veterln•ry Inspection Kansas Animal HeaCtn Department

Companion Animal 712 Kansac Ave Suite 48

Topeka, Kansas 66603-3808

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Safe Consignor. Audrwy Rottinghaus USDA# HOBBY 1377 144th rd

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Seneca, KS &6538 505 e atlantic ave delrav beach, FL 33483

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Cert;lllcate of Vetarlnary lnepection Kansas Animal Health Department

Companion Animal 712 Kansas Ave Suite 48

Topeka, Kansas 66603-3808

Truck Permit # Consignor: Sandra Rottinghaus USDA# HOBBY 1122.128th Rd Seneca, KS 66583

sale

Consignee: . waggs to rtd1es 505 e atlantic ave delray beach, FL 33483

Animals in l:tlis .;hlpment are acdlrnftad to te~pe111tul'lt above S5°F and below45Df dOIIII'I to 50f, Animals are tno young t~r n~bles vaodnltlon, C'l(cept \tlllerw notad on Individual reauds and aN not from "" area under quarantine ror rabltt.

USDA Number Sex 8.-.ed Color OA02053863 F 8 weeks Paperanlan Total Number: 1 Species; Shipment Purpose: Pets

I certifY, as an acredltld veterinartan that the above wnlm••• h•ve been IO$pected by me ancl that they Dn!l not •ho¥Ang slgnc of lnf'ettious, e»nttglotu:, and/or com m unlea ble disease, (exr:l!pt \till ere noted). The Ylla:inatlons and resuh:l Of the tilt trt IndiCated PO the htl~ ttmrd. To the best of my kncwtdgc, the animals liSted on thie certificate !T'e't tne state of destlnatkm and federllll.ntcratate requlremenbl. No WBrranty Ia macle or impliad. ' .

Veterlnarllln SignatuN

La8t Feed and W•ter recelvadl

Time: Signature:

Date Vet Code

Reference Number:

WaggstoRiches 5612728101 p.3

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Legal Name: Charlene Koster, Darlene Koster Customer Number: 6013 Certificate Number: 48-B-0271 Certificate status: ACTIVE

Status Date: Sep 8, 2004

Darlene and Charlene Koster/ Rainbow Ranch Kennel- Minneapolis, KS:

Received Official Warning from USDA for Animal Welfare Violations In September 2011, Rainbow Ranch

received an Official Warning from the USDA for violating the Animal Welfare Act regulations. This

warning cited six non-compliances from different inspections during the years 2009-2011, including a

direct noncompliance for failing to provide veterinary care. This issue refers to a June 2011 inspection

where the inspector found ten animals in need of immediate medical attention: a Chihuahua who "has a

sagging appearance to his lower jaw," five boxers and a pug that "have wounds at the base of the ears"

with flies buzzing round them, a schnauzer that had a wound on the left side of his body that oozed a

"thick, bloody discharge" when the inspector palpated it, a Boxer with "patchy hair loss on her chest,

shoulder areas, and sides," and an English Bulldog that had a "pink, fleshy mass in the corner of the right

eye."

This facility has been monitored by The HSUS since 2007, when it was cited by USDA inspectors for

having dogs in 86 degree temperatures without adequate cooling measures and several dogs without

adequate shade. In more recent years, the kennel has neglected to allow access to USDA inspectors

upon three of their last four attempted visits, a waste of inspectors' time and taxpayer dollars as well as

a serious violation of the Animal Welfare Act regulations. USDA #48-B-0271.

http://www. human esociety .org/ assets/pdfs/pets/puppy _mi lls/100-pu ppy-mi lis-report. pdf

The teeth have a build up of brown and black matter. (May 15, 2011)

Koster, Charlene & Darlene USDA License # 48B0271

Breeds Pug, Boxer, Shih Tzu, Golden Retriever, Bulldog (English), Beagle, Pug mix, Schnauzer,

Bloodhound puppies in Minneapolis, KS

USDA Inspection Notes from June 20, 2013 (unless otherwise noted), 92 photographs [Inspection notes

under photograph]

(June 28, 2011)

(June 28, 2011)

Outdoor enclosures with sharp points where the boxers access their water bowls (June 28, 2011)

The enclosure housing a Boxer and her puppies has an accumulation of hair, food and debris in the

corners (June 28, 2011)

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Legal Name: Lorilee Thomas

Customer Number: 324086

Certificate Number: 48-B-0329

Certificate status: ACTIVE

Status Date: Jun 11, 2010

Thomas, Lori 4880329 11-12 reports. Over 1,000 dogs- SEVERAL VIOLATIONS

AUGUST 27, 2012: Governor Sam Brown back appointed Lori lee Thomas as a member on the Kansas Pet Animal Advisory Board. Read more about the Kansas Dept. of Agriculture at http://www.ksda.gov/animal

Kansas Pet Animal Advisory Board Lorilee Thomas Board Member- Animal Breeder (785)873-3517 Term expires: June 30, 201417454 K-9 Highway Whiting, KS 66617 Lorilee Thomas, Whiting, is the owner of Puppies Extraordinaire, LLC, and acts as a liaison between retailers and professional breeders. She also owns Royale Kennel, Inc., and manages a staff of 11 employees. Thomas is a licensed animal breeder representative.

Legal Name: Kimberly Coleman (TLC Kennel)

Customer Number: 11169 Certificate Number: 43-A-4973

Certificate status: ACTIVE

Status Date: Oct 3, 2006

Kimberly Coleman/ TLC's Kennel- Clinton, MO: Fined $8,250 by USDA TLC's Kennel has more than

300 dogs and puppies, but USDA inspectors were not able to check on their welfare in January

2013, when the operator failed to make the facility available during regular business hours for

inspection (a violation). Previous violations at the kennel include dogs in wet or freezing weather

without adequate protection, including 37 dogs which the inspector noted had "soiled or wet hair

coats," and dogs kept in rusty enclosures with holes in the flooring, strong odors and flies

throughout the facility. In 2010, the operator entered in to a settlement agreement with the USDA

and was fined $8,250 for violations of the Animal Welfare Act regulations. USDA #43-A-4973.

# • ..

Waggs to Riches

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Legal Name: Johana Abernathy, Terri Schnieders Customer Number: 7946 Certificate Number: 73-A-2671 Certificate status: ACTIVE

Status Date: JullS, 2013

Legal Name: Johana Abernathy, Terri Schnieders Customer Number: 7946 Certificate Number: 73-A-2444 Certificate status: CANCELLED

Status Date: Apr 30, 2013

Pictures from this breeder

Abernathy, Johanna and Schnieders, Terri Quapaw, OK

USDA Licence # 73A2444

USDA Inspection notes: April 26, 2011, 9 photographs [No inspection notes]

Waggs to Riches 5612728101 p.2

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We would like to suggest any pet stores currently selling puppies from puppy mills in Delray Beach

contact the Humane Society of the United States (HSUS) and seek their assistance in converting into a humane pet store, where everyone in the city can visit and shop without supporting the torturous

conditions the puppies left behind where they were bred.

Puppy-Friendly Pet Stores : The Humane Society of the United States http://www.humanesociety.org/issues/puppy _mills/facts/puppy _fri end ...

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APRIL 30, 2014

Puppy-Friendly Pet Stores We support the stores that don't support cruel puppy mills

The Humane Society of the United States

Alsip Home & Nursery in St. John, Indiana, converted both stores to offer puppies and dogs for adoption instead of sale. Jason Gail/For The HSUS

Joe's Pet Depots in Wyoming celebrated their new shelter adoptions with kick-off events. Kristin Murphy/For The HSUS

Alsip Home & Nursery expects to have the potential to find homes for about 1 ,000 puppies and dogs per year per location. Jason Gail/For The HSUS

Not limited to adorable dogs and puppies, Joe's Pet Depot even had cats and kittens available for adoption. Kristin Murphy/For The HSUS

We can help pet stores that sell puppies switch to a more humane model.

By offering puppies for adoption from nearby shelters or moving to a supplies-only model , stores can save the lives of animals in search of homes, and save the breeding dogs trapped in puppy mills. The humane model can also bring in new customers and attract positive media attention for the store.

5/7/2014 7:42AM

Puppy-Friendly Pet Stores : The Humane Society of the United States http :1 /www.humanesociety.org/issues/puppy _mills/facts/puppy _friend ...

2 of3

Many dog lovers prefer to buy supplies from a puppy-friendly pet store and get a puppy the right way.

Pet stores are part of the solution We can guide your store through this process free of charge, creating a winning outcome for everyone, especially for the animals who would otherwise be homeless.

Possible benefits Increased name recognition for your store Consumer loyalty, financial support, word-of-mouth outreach, and repeat visitors Stronger community ties thanks to your partnership with the local animal shelter(s) A free listing for your store on HSUS's Puppy Friendly Pet Stores web page and in other media A free listing through our phone texting application so shoppers can find you from anywhere

'' [T]his decision was the right thing to do for the animals and for our community in addressing the pet overpopulation problem." -Joe Seneshale, Joe's PET DEPOT, Gillette and Rock Springs, Wyo.

Ways we might help you Free, customized guidance through the entire process Answers to your questions about the benefits of providing adoptable animals at your store Advice from other store owners who have already converted to a more humane model Help finding animal shelters in your area to partner with Publicity for your conversion via a grand reopening, induding: media advisories posts on social media outlets a ribbon-cutting ceremony free t-shirts, raffles, and other giveaways invitations to local celebrities and more Follow-ups to track progress

What puppy-friendly pet store owners say

Ready? Pledge to be a puppy-friendly pet store, and email us to get started!

What consumers can do 1 . Encourage local pet stores to become puppy-friendly Contact us with your name, phone number, city, and state. We can send instructions and a copy of the invitation and pledge, or you can download and print them. Download the invitation 1 Download the pledge Visit local pet store(s) to explain the benefits of the program and invite them to sign. Return the signed pledge(s) to our Stop Puppy Mills campaign and we will do the rest!

5/7/2014 7:42AM

Puppy-Friendly Pet Stores : The Humane Society of the United States http :/ /www.humanesociety.org/issues/puppy _mills/facts/puppy _friend ...

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2. Find a puppy-friendly pet store near you Text "PUPPY" to 30644 to see puppy-friendly stores near you (message and data rates apply) Browse lists of puppy-friendly stores by state:

Select a state

5/7/2014 7:42 AM

Letters to the Commission from ASPCA and HSUS supporting the humane treatment of dogs and the end

of puppy mills and the sale of puppies in pet stores in Delray Beach.

Mayor Cary Glickstein City of Delray Beach, FL Delivered in person

Apri116, 2014

Re: Retail puppy sales in Delray Beach

Dear Mayor Glickstein:

CoriA. Menkin, Esq. Senior Director, Puppy Mills Campaign

520 8th A venue New York, NY 10018 corim@aspca.org (212) 876-7700 ext. 4549 Cell: (917) 748-1794 www .aspca.org

It has come to our attention that the city of Delray Beach is considering an ordinance banning the sale of puppies in pet stores within the city. The ASPCA fully supports such a measure, and we encourage you, as the town's leader to support the ordinance as well.

The poor conditions in which breeding dogs at commercial breeding facilities are typically kept are well documented by USDA. The ASPCA, through its national No Pet Store Puppies campaign, has made public over 10,000 photographs taken by the USDA inside federally licensed commercial breeding facilities during routine inspections. The photos were obtained by the ASPCA from the USDA through the Freedom oflnformation Act and can be seen at www.nopetstorepuppies.com/buy-a-puppy. The photos show the grim reality of where pet store puppies really come from and what the adult breeding dogs are forced to endure year after year. The photos attached to this letter are photos of breeding facilities which we know, from a search of publicly available importation records, have supplied puppies to Waggs to Riches in Delray Beach. Even though the owner of this business claims that she does not get her puppies from puppy mills, the pictures tell a different story. In the pictures, you'll note some of the conditions that the ASPCA views as quintessential signs that an operation is a puppy mill, including telltale signs of neglect like dental disease, lack of grooming, and malnutrition, failure to provide adequate protection from the elements seen in photos of dogs living outside all year, injured paws from the use of wire flooring in primary enclosures, and administration of expired medication to name just a few. It is important to remember that the conditions depicted in these pictures show how the breeding dogs in these facilities live 24 hours a day, 7 days a week, 365 days a year for years on end.

The ASPCA defines a "puppy mill" as a large-scale commercial breeding operation where profits are given a higher priority than the well-being of the dogs. We estimate that 99% of puppies sold in pet stores come from puppy mills. Truly responsible breeders do not sell their puppies via pet stores or brokers. They want to ensure that their puppies go to good homes, and therefore always meet the prospective purchaser prior to completing a transaction. Moreover, responsible breeders follow their dogs' bloodlines closely to eliminate any hereditary or genetic problems, such as hip dysplasia, from their breeding stock. There is simply no way to track genetic problems if your puppies are sold to unknown purchasers, as many genetic problems do not surface until after one year of age.

By law, any breeder with more than three breeding female dogs who sells puppies to brokers or pet stores must be licensed and inspected by the United States Department of Agriculture (USDA). Unfortunately,

1

this requirement is no guarantee of humane treatment for the breeding dogs. To the contrary, it is a certification that the entity is engaged in the practice of commercially breeding dogs for a profit. Additionally, the standards that USDA licensed breeders are required to meet fall far short of what most people would consider humane. For example, the minimum cage size for dogs housed in USDA licensed facilities is only six inches longer than the dog in each direction. It is legally permissible, and commonplace, for commercial breeders to house breeding dogs in tiny, wire-bottomed cages stacked on top of one another for the dogs' entire lives. To put this in perspective, a dog the size of an average Beagle can be kept in a cage about the size of a household dishwasher for her entire life.

For the foregoing reasons, I respectfully urge you to support the proposed ordinance prohibiting the sale of dogs in Delray Beach pet stores.

Please do not hesitate to contact me with any questions or concerns you may have. Thank you for your time and consideration.

Sincerely,

Cori A. Menkin

2

~~~~~ ~-,J~.Jt ~~~~THE HUMANE SOCIETY

OF THE UNITED STATES

Enc L. Bernthal, Esq. Charr of the Board

Jenmfer leanrng. M.D., S.M. H. Vice Chalf

Kathleen M. ltnehan, Esq. Board Treasurer

Wayne Pacelle President & CEO

M1chael Maritanan Chref Program & Polrcy Officer

laura Maloney Chref Operarmg Offrcer

G. Thomas Wa1te Ill Treasurer & CFO

And jew N Rowan, Ph.D Chref lntemarronal Officer & Chrld Scienrrfic Officer

Roger A. Krndler Genera/ Counsel Vrce Presrdent & CLO

Janet D. Frake Secretary

DIRE CTORS

Jeffrey J. Arcmraco Eric L. Bernthal. Esq MIChael J. Blackwell, DVM., MPH Jerry Cesak James Costas Anita W Coupe. Esq. Nerl B. Fang, Esq., CPA Jane Greenspun Gale Cathy Kangas Jonathan D. Kaufelt, Esq. Paula A. Kislak, D.VM. Jenmfer leanrng, M.D. S M H. Kathleen M. Linehan, Esq John Macl-.ey Mary I. Max Patrick l. McDonnell Judy Ney Sharon lee Patnck Judy J. Perl Marian G. Probst Jonathan M Ratner Joshua S Re1chert, Ph.D Walter J. Stewart, Esq Andrew Wemstem JasonWer>s Davrd 0 Wrebers, M.D. lana Wrlliams

April 9, 2014

Delray Beach City Council 100 NW 1st Avenue Delray Beach, Florida 33444

Honorable Mayor, Vice-Mayor and City Commissioners:

On behalf of the Humane Society of the United States (HSUS) and our more than 800,000 members of the state of Florida, I am writing in support of your locality's proposed ordinance to prohibit the sale of puppy mill dogs in pet stores.

The HSUS opposes the sale of puppies bred in inhumane conditions everywhere that they are sold, including in Delray Beach pet shops.

• Most pet stores sell puppies from inhumane sources

The Humane Society of the United States has conducted numerous hidden­camera investigations123 which consistently reveal that pet stores supply unsuspecting consumers with puppies from inhumane large-scale commercial breeders known as puppy mills. The investigations have revealed:

o All stores videotaped by HSUS investigators purchased their puppies from large-scale commercial breeding facilities, despite specific claims of "no puppy mills" or misleading statements implying that their sources were small "private breeders." When HSUS investigators filmed some of these breeding facilities they found hundreds of dogs confined to small cages.

o All of the stores visited by investigators were found to be buying puppies from suppliers with known Animal Welfare Act violations, including some with citations for filthy conditions, lack of adequate space, underweight breeding animals, dogs found in the freezing cold or high heat without adequate weather protection, or sick or injured dogs in need of veterinary care.

• Problems associated with pet shop puppy sales

In 2005, the Animal Protection Institute conducted an investigation of California pet shops. From this investigation, a graphic report entitled "Little

1 Can be found at: http://www.humanesociety.orglnews/news/2011 / lllny_puppy_mill_ ll09ll.htrnl#.UvkvXWJdWAg 2 Can be found at: http://www.humanesociety.org/news/press _releases/20 12/12/puppy-mill-investigation-chicago-121012.html 3 Can be found at: http://www.humanesociety.org/assets/pdfs/pets/puppy_mills/investigation-report-texas.pdf

Celebrating Animals Confronting Cruelty

2100 L Street. NW Wash1ngton. DC 20037 t 202 452 .1100 f 202 778 6132 humanesocrety org

Shop of Sorrows"4 was produced: 44% of the locations visited had sick and neglected animals, 32% of the animals were confined in unhealthy, cramped, or crowded conditions and 25% of the animals didn' t even have adequate food or water.

A landmark 2011 study appearing in Applied Animal Behavior Science analyzed behavioral characteristics of 1, 1 00 dogs rescued from puppy mills who had been in their new homes an average of 2 years, and found that the dogs had significantly elevated levels of fears and phobias, compulsive and repetitive behaviors, and heightened sensitivity to being touched5

•

Most recently, a 2013 study published in the Journal of American Veterinary Medicine , entitled "Differences in behavioral characteristics between dogs obtained as puppies from pet stores and those obtained from noncommercial breeders,"6 concluded that obtaining dogs from pet stores versus noncommercial breeders represented a significant risk factor for the development of a wide range of undesirable behavioral characteristics, especially aggressive behavior. Due to the results of the study, the authors stated that they cannot recommend that puppies be obtained from pet stores.

• Federal laws and regulations are insufficient to prevent the proliferation of dogs sourced from inhumane origins

The federal Animal Welfare Act provides survival standards for dogs, not humane care standards. The USDA has repeatedly asserted that their regulations and standards are minimum requirements and can be built upon by the states (See 7 U.S.C. § 2143(A)(8), stating that the federal Animal Welfare Act does not preempt state laws.). Indeed, the agency's own Animal Welfare Act Fact Sheee states "Although Federal requirements establish acceptable standards, they are not ideal. Regulated businesses are encouraged to exceed the specified minimum standards. "

The Act ignores veterinary science regarding dogs' needs. To cite just two examples: o The American College of Theriogenologists (ACT) and Society for

Theriogenology (SFT) recommend that breeding females should not be bred on consecutive estrous cycles unless they have regained appropriate body condition and "are deemed healthy on the basis of veterinarian examination prior to the onset of the next proestrus,"8 and that dogs not be bred more than 5 times in a lifetime.9 10Similarly, the American Kennel Club says "One month before breeding, the bitch should have a thorough pre-breeding physical examination by a veterinarian." Yet the A W A offers no restriction on litter frequency or limitation.

4 Animal Welfare Institute, "Uttle Shop of Sorrows: An Undercover Investigation into California Pet Shops ," http://www.bornfreeusa.org/downloads/pdf/PetShops Report.pdf, (accessed 5 Dec. 2013). 5 McMillan FD, Duffy Dl, Serpell JA. Mental health of dogs formerly used as 'breeding stock' in commercial breeding establishments. Applied Animal Behaviour Science. 2011;135(1-2):86-94. 6 McMillan, Franklin D, DVM, DACVIM; James A. Serpell, PhD; Deborah l. Duffy, PhD; Elmabrok Masaoud, PhD; lan R. Dohoo, DVM, PhD, " Differences in behavioral characteristics between dogs obtained as puppies from pet stores and those obtained from noncommercial breeders," Journal of the American Veterinary Medical Association 242, No.10 (2013), 1359-1363. 7 U.S. Department of Agriculture, Animal Plant and Health Inspection Service, "Fact Sheet: Animal Care. The Animal Welfare Act," in http://ca­biomed.org/pdf7media-kit/oversight/USDAA WA.pdf (accessed 5 Dec, 2013). 8 Society for Theriogenology, "Position Statement: Welfare of Breeding Dogs," http://www.therio.org(lpage=PositionStatement#Breeding (accessed 5 Dec, 2013). 9

Olson, Patricia N., DVM, PhD, DACT, "Breeding Protocol Review and Recommendations," email from author, July 2012. 10

American Kennel Club, "A Guide to Breeding Your Dog," http://images.akc.org!pdf7breeders/resourceslguide to breeding your dog. pdf (accessed 5 Dec, 2013).

o Science clearly indicates that solid flooring is the most appropriate for terrestrial species11 such as canids. One study demonstrated that foxes were willing to work to gain access from a wire mesh floor to a solid one. On the solid floor, they performed a greater variety and a higher frequency of normal species-specific behaviors such as play, rooting (exploring with their muzzles) andjumping 12

• In severe cases, including at a facility that sold puppies to Danbury-based Puppy Love, puppies have been found with paws so damaged that their bones protrude through the skin, with exposed muscle and flesh 13 --dogs' limbs may slip through wire mesh flooring, causing severe lacerations or even unintentional amputation ofthe limb.14 The American Veterinary Medical Association specifically recommends that "dogs should be provided with an area of solid flooring. A dog's welfare needs for comfortable housing are better met by a kennel with solid flooring." 15 A review of housing needs for dogs kept for research purposes found, in part, that "the majority of experts recommended solid or at least only partially gridded floors and agreed that dogs preferred solid flooring. Whatever the flooring type, a safe, solid area of sufficient size for all dogs to comfortably and simultaneously lie down should be provided."16 Yet even though USDA inspection reports routinely document injuries caused by wire mesh flooring, the agency in 1999 actually removed a regulatory requirement that breeders provide a solid resting platform for dogs housed on wire, 17 stating that the requirement had been "erroneously added" and was an "unnecessary and unintended requirement."

Research indicates a systemic problem with the mass production of dogs in commercial facilities, in that continuous confinement frequently causes animals to suffer from chronic anxiety, social isolation, inadequate stimulation, and lack of physical exercise. 18

•19

,2° ,21

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This is an important consideration because it underscores the notion that even if a commercial breeding facility was properly inspected and was fully compliant with all federal laws and regulatory requirements, that facility could, and typically is, keeping dogs in constant

11 Hardy A, Windle CP, Baker HF, et al. Assessment of preference for grid-flooring and sawdust-flooring by captive-bred marmosets in free­standing cages. Tuber DS, Miller DD, caris KA, et al. Dogs in animal shelters: problems, suggestions and needed expertise. Psychological Science. 1999;10:379-386. Appl Anim Behav Sci Jan 2004, 85(1-2) 167-172. u Koistinen, T, Mononen, J. Blue foxes' motivation to gain access to solid floors and the effect of the floor material on their behaviour. Appl Anim Behav Sci Sept 2008, 113{1-3) 236-246. 13 12 Aug, 2012 USDA Inspection report for Joseph & Rhoda Graber of Odon, Indiana (#32A0350), http://acissearch.aphis.usda.gov/LPASearch/faces/CustomerSearch.jspx (accessed 6 Dec, 2013). 14

United States Department of Agriculture, Office of Inspector General, " p.ll, 53, "Animal and Plant Health Inspection Service Animal care Program: Inspections of Problematic Dealers," Audit Report 33002-4-SF, May 2010, ppll, 53. 15

American Veterinary Medical Association, "Model Bill and Regulations to Assure Appropriate Care for Dogs Intended as Pets," April 9, 2010. 16 Moore, Graham, "Assessment of Animal Housing Needs in the Research Setting Using Peer Reviewed literature Approach : Cats and Dogs," The Development of Science-Based Guidelines for Laboratory Animal care: Proceedings of the November 2003 International Workshop. (The National Academies Press, 2004) 17

"Animal Welfare: Solid Resting Surfaces for Dogs, Final Rule. " Federal Register 64 (April 20, 1999): 19251-19254. Print 18

Griffin B, Hume KR. Recognition and management of stress in housed cats. In: August JR, ed. Consultations in Feline Internal Medicine. 5th ed. St. Louis, MO: Elsevier Saunders; 2006:717-734. 19 2 Hennessy MB, Davis HN, Williams MT, Mellott C, Douglas CW. Plasma cortisol levels of dogs at a county animal shelter. Physiology & Behavior. 1997;62(3):485-490. 20 Patronek GJ, Sperry E. Quality of life in long term confinement. In: August JR, ed. Consultations in Feline Internal Medicine, Current Therapy 4. Philadelphia, PA: WB Saunders; 2001:621-634. 21

Stephen JM, Ledger RA. An audit of behavioral indicators of poor welfare in kenneled dogs in the UK. Journal of Applied Animal Welfare Science. 2005;8:79-95. 22

Tuber DS, Miller DD, caris KA, et al. Dogs in animal shelters: problems, suggestions and needed expertise. Psychological Science. 1999;10:379-386. 23

Wemelsfelder F. Animal boredom: Understanding the tedium of confined lives. In: McMillan FD, ed. Mental Health and Wellbeing in Animals. Ames, lA: Blackwell Publishing; 2005: 79-91.

confmement, on wire flooring, and in a perpetual cycle of breeding, nursing, and weaning until the animal is no longer capable of turning out sufficient litters to be profitable.

• The USDA fails to adequately enforce the Animal Welfare Act

o The USDA's Inspector General issued a report in 201024 stating, in part, that USDA inspectors misused guidelines to lower penalties for violators. Specifically, OIG found that APHIS inconsistently counted violations, applied "good faith" reductions without merit, allowed a "no history of violations" reduction when the violators did have a history and arbitrarily changed the gravity of some violations and the business size.

o A 2005 USDA/OIG report mirrored those findings. The Detroit Free Press reported in 200625 that "the USDA in 2004 opted not to fme Heartland Kennels [a puppy mill in southwestern Minnesota]- which sent at least 123 pups to local pet shops in 2005-after citing the facility for repeated violations that included confining dogs to cramped, dirty cages that offer no protection from the wind, rain, and snow. In a letter to the facility, the USDA said its run of violations used to result in fines or closure, but current policy ' is to encourage compliance through education and cooperation rather than legal action' .... The USDA's Office of Inspector General has criticized the agency since the 1990s for failing to adequately crack down on violators. And in a blistering September 2005 report, the inspector general found an ineffective monitoring and inspection system and concluded the USDA failed to take action against 'violators who compromised ... animal health."'

o Facilities fmd ways to skirt the rules. The Animal Welfare Act requires, in part, that operators who keep dogs outdoors must receive certification from a veterinarian stating that the dogs are acclimated to prevailing temperatures. The HSUS is in possession of a letter from a Kansas Veterinarian to that state's Animal Health Department stating that "The short-haired breeds of dogs, including pugs, beagles, chihuahuas, and dachshunds owned by Keith Ratzlaff are acclimated to the outside environmental temperatures in Kansas. As long as adequate shelter, bed material, food and water are provided, these animals are acclimated to temperatures from zero to one hundred ten degrees Fahrenheit."26(emphasis added).

•The commercial pet industry fails to provide pet stores with humanely raised dogs

From Amy Cirincione, owner of Feed Bag Pet Store in Cutchogue, NY: "J have found that there is no way for me to sell puppies from my retail establishment that does not contribute to the suffering of both the parent dogs and the puppies bred from them. Reputable breeders with high standards of care do not sell their puppies to ANY pet stores for resale. The only option for pet stores wishing to make a profit selling puppies are puppy mills. I do not sell animals in my store because it is impossible to do so without contributing to this barbaric trade. "27

• Responsible breeders do not sell to pet shops

2• United States Department of Agriculture, Office of Inspector General, ibid.

25 Neavling, Steve. "Agency Faulted for Not Cracking Down on Violators," Detroit Free Press, 12 Jul 2006. http://www.freep.com/article/20060712/NEWSOS/60712002 (accessed 6 Dec 2013). 26

Handlin, Mark DVM. Heartland Veterinary Clinic, McPherson, Kansas. Letter to State of Kansas Animal Health Department, date obscured. Copies available to Task Force members upon request. 27

Cirincione, Amy, "Opinion: Feed Bag Owner Says She Will Not Sell Animals in Her Store," North Fork Patch, 29 Jun. 2011, http://northfork.oatch.com/qroups/oalitics-ond-electionsloJopinion-teed-boq-owner-sovs-she-will-not-sell-onima/scbb9519ddc (accessed 6 Dec. 2013)

The Task Force has heard substantial evidence that reputable breeders do not sell their puppies to pet stores. The HSUS reviewed Codes of Ethics for the National Breed Clubs representing all 178 dog breeds recognized by the AKC, and found that 96% of those National Clubs include statements to the effect that their breeders should not and/or do not sell to pet stores. A copy of our data is available upon request.

• The HSUS proudly supports responsible dog breeders

The humane community has rallied around responsible dog breeders, and seeks only to disallow the sale in Florida pet shops of dogs acquired from puppy mills. The HSUS helped establish a Breeder Advisory and Resource Council (BARC)28

, comprised of responsible dog breeders from around the nation who share an interest in curbing the mistreatment of dogs in puppy mills. On our website, we encourage those families and individuals seeking a purebred puppy to seek a responsible breeder, and even offer advice on how to locate a breeder?9

• The HSUS proudly supports humane pet shops

We have worked directly with pet shops that have stopped selling dogs from inhumane sources and have found customers more than willing to purchase older rescued dogs.

Similarly, we have found that pet shops who switch to a humane business model, refusing to sell dogs acquired from inhumane sources, have been very successful and are proud to have rejected the unnecessary cruelty of puppy mills.

From Cynthia Socha, owner ofH3 Pet Supply in Stratford, CT: "As the owner of a successful pet store that does not sell commercially bred animals, I can vouch for the fact that not selling such animals does not guarantee a demise in business. The fact that over 85% of the pet stores that operate in Connecticut do not sell puppies or kittens should be proof enough ... This [humane] model has helped us become successful as it generates a tremendous amount of goodwill in the community". Ms. Socha urges the Connecticut legislature to "look past the baseless claims of large scale job loss ... and do what is correct in the name of humanity. "

From Rene Karapedian, owner of Pet Rush in Los Angeles, CA: "Dogs sold in pet stores come from puppy mills. We should not support puppy mills ... .I switched over to what I call the "humane model"-animal adoption instead of animal sales ... Most of these shelters that I go pick up dogsfrom, they are putting down anywhere from 50 to 70 dogs a day. So this is one way to stop that from happening. "

From Joe Sheneshale, owner of Pet Depot in Gillette and Rock Springs, WY: "With millions of dogs and cats being euthanized each year due to a lack of homes, I realized that this decision was the right thing to do for the animals and for our community in addressing the pet overpopulation problem. "

In fact, initial successes have led us to create specifically designed programs to assist pet store owners seeking transition to the humane model. 30

28 http://www.humanesocietv.org/issues/puppy mills/facts/breeders advisory resource council.htmi#.Ugi91BXTnVQ (accessed 6 Dec. 2013). 29

http://www.humanesocietv.org/issues/puppy mills/tips/finding responsible dog breeder.html 30 http://www.humanesocietv.org/issues/puppy mills/facts/puppy friendly pet stores.htmi#.Ugi-ZXXTnVQ

•Conclusion

The morals and values of Delray Beach cannot be represented by allowing the continued sale of puppy mills dogs - an industry so intrinsically linked to unnecessary animal suffering and so seemingly unwilling to change. Delray Beach pet store customers should not be duped into unwittingly supporting the cruel puppy mill industry, and into buying puppies exposed to the unique set of physical and behavioral problems created by such a substandard upbringing. Delray Beach residents should no longer have to accept the importing of puppies from puppy mills while their tax dollars are spent sheltering and euthanizing dogs for which there are no homes.

We thank the Commission for considering this important animal welfare and consumer protection ordinance, and remain willing and eager to assist going forward.

Sincerely,

Kate MacFall Florida State Director kmacfall@humanesocietv.org t 850.508.1001 f 850.386.4534

The Humane Society of the United States 1624 Metropolitan Circle, Suite 8, Tallahassee, FL 32308 humanesocietv.org

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