Laws for Paws e-Newsletter
JULY 2021
PET PROTECTION VICTORY!
Aislinn (far left) and Bob (far right) at the signing of the Pet Protection Bill.
This past session the Alliance played an integral role in passing SB 71, legislation which the National Link Coalition has stated “may be the nation’s most comprehensive law allowing courts to include household pets in orders of protection.” Such orders are sought by Missourians who are needing protection against “acts, attempts or threats to him or her from a family or household member or intimate partner; or from acts of stalking or sexual assault.” However, historically not allowing pets on the orders has caused significant issues for pets as well as their guardians.
 
Violence in the home impacts all members of the family. 71% of pet owners entering domestic violence shelters report that their batterer had threatened, injured, or killed family pets. In one study of survivors, 48% of respondents reported that animal abuse had occurred “often” during the past 12 months and another 30% reported the abuse occurred “almost always.” The types of animal abuse reported included punching, hitting, choking, drowning, shooting, stabbing, and throwing the animal against a wall or down the stairs.
It is important to understand that in domestic violence situations, the abuser is profoundly focused on controlling their victim. Animal abuse is a tool of domestic violence – threats of or actual harm to a pet is a means of control and a form of emotional violence. The abuser is saying: “this could happen to you” or “next time, it will be you.” Animals become pawns in the environment of family violence.
 
Sometimes when an order of protection is obtained the abuser will attempt to maintain control of the victim by involving the victim’s beloved pet. They might threaten the pet or attempt to get possession of the pet. Oftentimes the fear of the abuser obtaining possession of the pet is enough for the victim to stay with the abuser, so that they can watch over the pet and attempt to ensure their safety. Up to 40% of women will stay in an abusive relationship because they cannot take their pet.
However, SB 71 makes it clear that pets can be placed on orders of protection and are off limits for threats or acts of violence. It even goes a step further and also assigns possession of the animal to the victim. This means that the victim can leave the abuser without fear of the abuser using the legal system to take their pet away. It is true that some abusers will violate orders of protection. However, with pets being allowed on these orders the abuser can be better held accountable for their actions if that happens.
We would like to thank Alliance supporter and former domestic abuse prosecutor, Tali Katz, for her assistance in drafting this legislation!
 
We also wish to extend a special thanks to the courageous women who were victims of domestic violence and who came forward to testify in support of SB 71. One such witness was particularly compelling as she had not only suffered serious physical injuries at the hands of her abuser but her beloved dog was killed by the abuser.
Alliance Requesting OIG to Recommence Audit of USDA’s Enforcement Efforts of Animal Welfare Act
Due to extensive lobbying efforts on the part of the Alliance in 2019, USDA’s Office of Inspector General (OIG) agreed to conduct an audit to evaluate the performance of USDA in regards to its enforcement of the federal Animal Welfare Act at commercial dog breeding facilities. This Audit has finally been completed and the results are now public.  
 
The OIG Audit correctly exposed that USDA “did not consistently address complaints it received and did not adequately document the results of its follow-up.” The OIG emphasized that the “complaint process is inconsistent and lacks transparency.” We are grateful that OIG has instructed USDA to finally correct this issue.
 
Regrettably, the Audit failed to consider the most serious concerns that the Alliance had communicated in a letter to Inspector General Phyllis FongLetter   Attachment to Letter 
 
These most egregious concerns included USDA enacting rules without going through the federal rulemaking process in violation of 5. U.S.C. Section 553, aiding and abetting substandard dog breeders in circumventing state and municipal laws, and concealing material facts and making false representations on federal inspection reports which are violations of 18. U.S.C Section 1001.
 
Unfortunately, USDA made the decision to cease inspections due to COVID just as the OIG Audit was initiated.  OIG correctly points out in the Audit that they were unable to accompany Animal Care personnel in an attempt to monitor and to review inspection procedures.  What is not noted in the OIG Audit, however, is that no other division within the USDA, including its Animal & Plant Health Inspection Service, halted on-site inspections due to COVID other than inspections of puppy mills. In addition, many other states, who conduct inspections of commercial dog breeders, never ceased on-site inspections due to COVID including the Missouri Department of Agriculture.
It is believed that USDA discontinued inspections so that its inspectors could not be accompanied by OIG auditors.
Regardless of whether the cessation of on-site inspections was intentional, in order to avoid the scrutiny of an OIG Audit, or truly due to COVID, it is imperative that OIG re-open its Audit now that USDA is once again conducting on-site inspections.
 
It is for this reason that the Alliance is requesting OIG to recommence its Audit so it can more accurately assess USDA’s inspection process by accompanying USDA inspectors during on-site visits to puppy mills. Without such onsite reviews by OIG, animal welfare concerns cannot be fully investigated and addressed.    
 
The precipitous drop in citations over the past 5 years, and only one legal action being filed against a commercial dog breeder since 2017, should be compelling motivation for OIG to re-open its Audit of USDA.   
 
The Alliance is also lobbying Congress asking Congressional members to request a recommencement of the Audit. This is especially imperative due to USDA’s total disregard to the directions given to USDA by Congress in the Congressional Report accompanying the FY 2020 Appropriations Bill.  USDA was directed by Congress “to include every violation its inspectors find and never to frustrate the Committee’s oversight activities by using so-called teachable moments or other means of not reporting violations.”  This use of the “teachable moments” rule is especially egregious as USDA adopted this rule without going through the federal rule making process and continues to utilize such a rule in direct disregard to the instructions given to USDA by Congress.  
 
We will keep you advised of our efforts to re-open the OIG Audit.      
USDA Compensates Factory Farms for Torturing Animals to Death
In our June 2020 e-newsletter we wrote about the depopulation (mass slaughtering) of farmed animals that was occurring as the result of many slaughterhouses being closed and factory farms not knowing what to do with their animals. Although exact numbers of victims are unknown, over two million chickens and hundreds of thousands of pigs were killed.
Their final moments.
While the numbers of animals killed is staggering, perhaps most shocking is the way in which they were exterminated. One technique used to kill pigs by the thousands is termed “ventilation shut down.” The farms close off all ventilation and shut down the fans and allow the pigs to bake in the intense heat and eventually die from hyperthermia and/or suffocation - a prolonged and painful death.
 
At one facility, after reaching 120 degrees inside the barns, it was reported that four to five hours later, none of the animals were dead. The factory farms soon learned that it was necessary to induce steam into the building to substantially increase the heat since lack of ventilation alone was not killing all of the pigs.  
The result was that most pigs died after hours of suffering from a combination of being suffocated from a lack of fresh air and roasted to death in the extreme heat. In one documented instance it was shown that those who managed to survive this intense cruelty were dispatched the following day by the use of captive bolt guns. 
As for the chickens, many were killed via suffocation by covering them in foam which blocks the respiratory tract resulting in hypoxia, convulsions, loss of consciousness, and eventual death.
 
Last summer, the Alliance, along with numerous other animal welfare groups, as well as members of Congress, pleaded with USDA, the administration charged with regulating agricultural practices, to ensure that farmers and producers utilized euthanasia methods deemed “preferred” or “acceptable” as outlined in the American Veterinarian Medical Association Guidelines when they chose to depopulate a farm.
 
USDA’s response was minimal, informing the Alliance that they were distributing captive bolt guns to Missouri state veterinarians and recommending that the state Department of Agriculture provide this equipment to factory farms as an alternative to “ventilation shut down.”
 
Most disappointing, it has come to our attention that USDA has created a program to offer financial compensation to farmers who chose to depopulate their animals, regardless of the method of euthanasia and the cruelty inflicted upon the animals.  
 
The Pandemic Livestock Indemnity Program “provides financial assistance to support producers of eligible swine, chickens, and turkeys depopulated from March 1, 2020, through December 26, 2020.” Not only will factory farms be paid for 80% of the worth of the depopulated animals, they will also be compensated for the cost of “depopulation and disposal.”
In addition to offering financial assistance to factory farmers who chose excessively cruel methods of depopulation, the creation of this program also sends a message to the agriculture industry that cruel behavior towards animals can be financially rewarded by the government. A more appropriate message would have been to only compensate those factory farms that utilized humane methods of euthanasia.
 
The Alliance has a long history of holding the USDA accountable by our efforts to ensure the welfare of the animals. We have been responsible for multiple USDA audits by the Office of Inspector General (see article above) and achieved legislative and regulatory changes that required better enforcement and improved standards of care by USDA, and just last year the Alliance prevailed in a lawsuit against the Agency for their unlawful protection of dog breeders, animal labs, and other USDA inspected facilities. Be assured that we will continue to monitor USDA and continue to challenge the Agency in our efforts to advocate for the welfare of the animals.
Remember the Alliance in Your Estate Planning
Leaving money to the Alliance through your will or trust is a profound way to create a legacy of compassion and ensure positive change for animals. An even easier way is to name the Alliance as the beneficiary of an IRA or other retirement plan. In any event, we are grateful to be considered as a beneficiary of your overall estate plans. Want to learn more? Email us!
HELPING ANIMALS!

If you find yourself in a situation where you question the treatment of an animal, or the conditions, or maybe you're wondering about helping wildlife or assisting in a rescue, or you have witnessed something that needs to be reported - go to our website because chances are you will find a number and/or a link that can help address it.

A Great Way to Support the Alliance
With so many people shopping online these days, you can now support the Alliance each time you make a purchase on Amazon. Click here or on the icon. Once you've identified "Missouri Alliance for Animals" as your charitable organization of choice, a portion of your purchase will be donated by Amazon to the Alliance each time you shop on Amazon! What a great way to contribute!