Court Orders USDA Licensed Breeder to Provide Immediate Care for Dogs in Serious Endangerment | Takeover bid
On September 28, a federal court issued a temporary restraining order against Daniel Gingerich, an Iowa dog breeder, on the grounds that he was putting the health of hundreds of dogs in “serious danger” in violation of the law. on the protection of animals (AWA).
United States District Court Judge Stephanie M. Rose granted the remedy sought by the Department of Justice and ordered Gingerich, along with one of his business associates and employees, to identify all locations of dogs intended for breeding or sale, to have a licensed veterinarian perform a “head to tail” physical examination of each dog, and to provide timely veterinary records of such examinations and any other veterinary care at the Department of Justice In addition, Gingerich should immediately cease breeding, euthanizing or disposing of any other dog without the consent of the Department of Justice or a court order.
On September 28, the Department of Justice filed an injunction lawsuit in the Southern District of Iowa, along with a motion for a temporary injunction, alleging that Gingerich is not providing dogs with adequate veterinary care, nutritious food in sufficient quantity. , clean drinking water and safe and healthy housing. Gingerich escapes federal oversight by denying U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) inspectors access to breeding grounds and hiding dogs, says complaint inspection. On one occasion, APHIS inspectors discovered a number of live dogs hiding in a stable running around two dead dogs. Dogs at the Gingerich facility were also fed moldy and contaminated food and did not have access to safe drinking water. In addition, several litters of puppies were not properly vaccinated against distemper and parvovirus, resulting in multiple outbreaks.
“This case shows that there will be consequences for ranchers who violate their breeding license obligations and endanger the life and health of animals in their care,” Deputy Attorney General Todd Kim said. of the Environment and Natural Resources Division of the Ministry of Justice. “The animal welfare law exists to protect these animals, and the Department of Justice will vigorously enforce this law and hold those who violate it to account.” “
“This action demonstrates the shared commitment of the United States Department of Justice and the United States Department of Agriculture to use all available tools to ensure efficient and timely enforcement of animal welfare law,” said the USDA General Counsel Janie Simms Hipp.
Gingerich has been licensed as a dog breeder since October 2019. In the past six months alone, he has racked up at least 100 Animal Welfare Act violations at approved and unapproved facilities in Iowa. In a recent inspection, APHIS inspectors observed a severely emaciated golden retriever, several dogs with painful and untreated eye conditions, and an unconscious puppy who died moments later.
In September, the USDA determined that Gingerich was putting the health of dogs at serious risk, in violation of animal welfare law, its regulations and standards. The court agreed with the government’s assessment, describing the medical care the dogs receive as “shockingly inadequate” and the food and water in the facilities as “no better”. The court also ruled that once the United States has properly demonstrated that the animals are in grave danger, an injunction is required by the AWA.
Senior Counsel Mary Hollingsworth and Senior Counsel Shampa A. Panda of the Environment and Natural Resources Division of the Department of Justice are handling this case. They are assisted by the Civil Division of the United States Attorney’s Office for the Southern District of Iowa. This matter is currently under investigation by USDA APHIS.