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YELLOW SHEET Office of the State Auditor of Missouri |
February 15, 2001
Report No. 2001-09
Commercial dog breeders have no incentive to comply
with Missouri laws, leaving canines at risk for substandard care.
Missouri has the highest percentage of licensed commercial
dog breeders in the nation, yet the state
program that regulates these breeders is ineffective, our audit found. Our concerns about the Division of Animal
Health’s animal care inspection program fall into four main areas: spotty state
inspections with few sanctions; appearance of conflicts of interests of top
management; state inspections less thorough than federal inspections; and lax
program performance measures.
No penalties from state inspections
State
inspectors have not fined, revoked or suspended licenses of any Missouri
commercial breeder in at least two years.
Whereas, in just one of these years, federal inspectors fined 11 of
Missouri’s commercial breeders in excess of $14,000. State program officials would rather “encourage” breeders to
improve, rather than issue sanctions. This
philosophy means inspectors often tell breeders about violations rather than
recording or fining them. Such a
practice leaves the program little paper trail to track violations and breeders
little incentive to correct problems. (See page 6)
Federal inspections more
thorough
An average state inspection for the three inspectors we
accompanied takes only 15 to 30 minutes, as compared to an average 90-minute
federal inspection. During the state
inspections, not all inspectors check for expired medications, reconcile the number
of dogs in a facility to its inventory records, or review records of how dogs
were received or distributed. All of
these inspection tests concern a dog’s health under a breeder’s care.
State inspectors did not coordinate inspections with
federal authorities, which caused overlapping inspections at some
facilities. In one case, state and
federal inspectors arrived on the same day, but reported starkly different
conditions. State inspections reported no violations, while federal inspectors
noted seven violations, including six repeat violations. (See page 4)
In addition, some
state inspectors did not note violations, such as a dog struggling to keep its
foot from falling through the wire mesh flooring; while other state inspectors
said they knew if the dogs were healthy by looking at their eyes and coats. (See page 2)
State inspectors initially told our auditors that they do
not “nitpick” like the federal inspectors and dismissed the federal inspections
as unreliable. However, in their
response to our audit, department officials then presented the federal
inspections as a collaborative effort with state agents, which has not been the
practice. (See page 8)
Inspector time logs need monitoring
Our review showed that managers do not have a reporting
system to easily analyze how inspectors spend their time. We analyzed weekly activity reports of 5 inspectors over a four-month period. One
inspector reported an average 10.4-hour workday. Using conservative calculations that included travel time and our
observation that inspections took about 30 minutes, this inspector had an
average of 4.7 hours each day not spent on daily inspections. When our staff noted this to program
officials, they stated an average inspection took 4 hours, but they did not
have data to support this statement. (See
page 16).
Appearance of Conflict
of interest
The program coordinator and an inspector, both
responsible for monitoring Missouri’s breeding industry, were former commercial
breeders. They are still involved in
the industry through their wives, who now run their former businesses. Missouri law includes business ownership
through a spouse in the conflict of interest definition. (See page 10)
Our
recommendations included changes to make a more effective inspection program and
taking action to resolve conflicts of interest or the appearance of a conflict
of interest within the animal care facilities inspection program.
Subsequent
to receiving the Department’s official response, effective January 26, 2001,
the program coordinator and the inspector were reassigned to other duties
within the Department of Agriculture and no longer have a role in the canine
inspection program.