The Humane Society of the United States today released the results of a follow-up investigation into allegations that the largest pet store franchise in the nation supports puppy mills.

It found that 95 percent of Petland stores buy puppies from out of state brokers and 80 stores buy exclusively from the Hunte Corporation, the largest dog broker in the country. The investigation also found that Petland stores bought puppies from kennels run by individuals convicted of animal cruelty, kennels that had repeated violations of the federal Animal Welfare Act and kennels that did not have required U.S. Department of Agriculture licenses.

(A November image of a Kansas kennel that supplies puppies to Petland)

The original Petland investigation by HSUS released in November, drew 600 customer complaints and resulted in a consumer lawsuit, which is pending in federal court in Arizona. There are five Petland stores in Pennsylvania, including one in Fairless Hills in Bucks County. The Philadelphia-area store, according to HSUS, buys puppies from the Hunte Corporation of Missouri, which has been cited by the USDA for keeping dozens of animals in undersized cages, repeatedly transporting underage puppies, and other violations and Lambriar Inc., of Kansas, which USDA cited in 2008 for keeping two sick puppies at the facility who had not yet been seen or treated by a veterinarian.

For more from HSUS click here.

A Department of Agriculture official tells me that the ten days granted to kennel owner Derbe Eckhart to disperse his dogs after his license was refused and his appeals exhausted, had in fact, expired at the time of the raid. In normal circumstances where the lives of the dogs were not at risk, the official said, they would give the kennel owner a "few days" grace time to remove their dogs.

The 216 dogs seized from a Lehigh County kennel were barely settled in at the Farm Show area in Harrisburg last week when naysayers from dog breeding circles started blasting the raid in Internet chat rooms, questioning its legality and whether dogs were truly "abused." One member of a forum hosted by the Pennsylvania Federation of Dog Clubs asked: "What kind of protection do any of us have from a trumped up search and seizure?"

Here are the facts about the raid: The state Bureau of Dog Law Enforcement, with the help of the Humane Society of the United States, entered Almost Heaven kennel in Emmaus last Tuesday after owner Derbe Eckhart's license revocation appeal process had been exhausted. Under the new dog law, a kennel owner in similar circumstances would have 10 days to disperse their dogs, but Jessie Smith, special deputy secretary for Dog Law Enforcement, said the bureau moved swiftly without notice because Eckhart had threatened a dog warden that he would kill his dogs before anyone took them away.

Smith said the department asked for the help of HSUS because it had the resources - most importantly a climate-controlled tractor trailer - needed to remove a large number of dogs safely. Smith said ownership of the dogs was transferred to HSUS - which dispersed them to Pennsylvania and Washington, D.C.-area shelters - and under dog law does not need to have a Pennsylvania kennel license. The law states the dogs may be transferred to an entity "approved by the department."

On the question of "trumped up charges," it seemed like a good time to review Eckhart's long record of run-ins with the law, including a stint in prison - the only jail sentence I have heard imposed on someone for having unsanitary kennel conditions. In fact, I am unaware of any prison sentence imposed on someone convicted of animal abuse in Pennsylvania, although animal rights activists remind me that people have gone to jail for trying to protect animals (activists were jailed - some for as long as two weeks - for protesting at the now-defunct Hegins pigeon shoot in the early 1990s).

Here's a look at Eckhart's criminal chronology as compiled by the website www.pet-abuse.com, based in large part on seven years of reporting by Bill White of the Morning Call of Allentown:

Feb 6, 2009 - Emmaus, PA (US)
Alleged: Operating boarding kennel after license refusal

Oct 1, 2008 - Emmaus, PA (US)
Alleged: Puppy mill - 800 animals, 125 seized

Jul 19, 2006 - Emmaus, PA (US)
Not Charged: Housing exotic animals

Aug 2004 - Emmaus, PA (US)
Civil Case: Dog breeders given lifetime ban by American Kennel Club

Notes: Lifetime ban from AKC

Apr 1999 - Allentown, PA (US)
Not Charged: AKC suspended breeder using alias to register dogs

Jun 1991 - Allentown, PA (US)
Convicted: Convicted abuser operating unlicensed kennels

May 1991 - Weissport, PA (US)
Convicted: Convicted abuser operating unlicensed kennel

Apr 1990 - Lehighton, PA (US)
Convicted: 10 puppies die from lack of sustenance

Jun 1989 - Allentown, PA (US)
Convicted: Convicted abuser suspended from AKC until 2019

Aug 1988 - Lehighton, PA (US)
Convicted: 45 dogs, 3 cats starved, removed from home

Sentence: Fined $100 each for 32 citations for cruelty to animals; sentenced to 2 to 10 months in Carbon County Prison for allowing unsanitary conditions at the kennel.

At the time his application for a new license was refused in January, Eckhart had repeatedly violated the terms of his license revocation issued following a raid by the Pennsylvania SPCA in October 2008. Eckhart also was operating under a 2004 consent agreement with the Attorney General issued after the state determined he had violated consumer protection law for failing to provide health certificates signed by a veterinarian and failing to provide a guarantee of good health. The Attorney General's office said in February that it had received 20 complaints since 2004.

A Morning Call investigation last year that tested the DNA of several dogs sold by Eckhart concluded that he had misrepresented the breeds sold to unsuspecting customers.

Rescue groups, which have taken in hundreds of sick and injured dogs voluntarily surrendered by Eckhart over the last five years, say most suffered from health problems or injuries, including dogs with broken backs and a poodle who had to have a chain removed from its stomach.

Eckhart is among the top tax delinquents in the state. According to the Pennsylvania Department of Revenue, he owes more than $80,000 in back taxes.

Eckhart also faces a raft of new charges for violations to the terms of the license revocation process which required him to downsize the kennel and not breed or expand the number dogs on the property. In an inspection earlier this year, dog wardens found dozens of new dogs on site and additional dogs being boarded at the kennel. Main Line Animal Rescue of Chester Springs, which took in 17 dogs from the raid, said at least two are pregnant.

Eckhart today will be charged with 22 new counts of animal cruelty, the result of a raid conducted by the Pennsylvania SPCA last Wednesday, a spokeswoman for the organization said. Based on information provided by dog wardens and HSUS staff the day before, the PSPCA removed 18 exotic cats (including Himalayans and Persians) and four more dogs with serious health problems. Under state law Eckhart may own up to 25 dogs without a license. He also has horses, birds, guinea pigs and monkeys on the property.
 

The New Jersey shore may be the popular vacationing spot for Philadelphians in the summertime, but it has never been very welcoming to their canine pals.

From Atlantic City beaches on down to Cape May, the sight of dogs frolicking on the sand is not just frowned on, but owners could be fined for the offense. That's slowly changing as some seaside municipalities are turning the tide on long-held dog bans.

My colleague Jacqueline Urgo has more in today's Inquirer.

Cartoonist Pat McDonnell, who pens the popular comic strip "Mutts," paid tribute recently to puppy mills dogs and one of their heroes  - Scotlund Haisley of the Humane Society of the United States.

Haisley, chief of the Animal Rescue Team for HSUS, has in 18 months on the job led raids on 13 puppy mills and freed 4,000 dogs from lives of misery. And that was before the events of last week, when HSUS, along with the state Bureau of Dog Law Enforcement, raided one of Pennsylvania's most notorious kennels, Almost Heaven in Lehigh County, rescuing 216 dogs. The kennel has been permanently closed by the Department of Agriculture which revoked owner Derbe Eckhart's license in January.

Eckhart, who has served jail time two decades ago for unsanitary kennel conditions and faces trial on animal cruelty charges from a raid by the Pennsylvania SPCA last October, faces a raft of dog law violations and new animal cruelty charges.

A Hamilton, New Jersey pet shop was issued a temporary license to reopen after state and local health officials shut down the store for a week citing filthy conditions. Pets & Supplies Unlimited was closed after an inspection revealed food contaminated with rodent feces and a dirty refrigerator and freezer where medicines and pet supplies are stored. The store also was found to be dispensing antibiotics without a prescription and had no veterinarian-approved disease control plan. The conditional license allows the store to sell the animals they have before a hearing in two weeks.

Meanwhile, New Jersey Consumers Against Pet Shop Abuse confirmed yesterday with New Jersey state officials that Pets & Supplies Unlimited buys exclusively from Pennsylvania kennels, but the store is not listed on the Pennsylvania Bureau of Dog Law Enforcement's out-of-state-dealer list. Last year NJCAPSA received a complaint regarding the purchase of a sick puppy from Pets & Supplies Unlimited that died within a week from pneumonia and an intestinal disease known as coccidia. The breeder was listed as Sam King of County Lane Kennel in New Providence, who has a long history of dog law violations.

The Times of Trenton has the full story:

Pet shop reopens after mandatory shutdown

June 25, 2009
The Times of Trenton
By Carmen Cusido

Hamilton ( Mercer County) NJ — State and township health officials yesterday reopened a pet store in a strip mall after closing it down last week due to unsanitary conditions.

Pets & Supplies Unlimited received a "conditional satisfactory" rating yesterday, meaning they were open and allowed to sell the animals currently in the store, but couldn't bring new animals, said Marilyn Riley, a spokeswoman for the state Department of Health and Senior Services.

Following a complaint received June 12, state inspectors visited Pets & Supplies Unlimited on South Broad Street June 17. They temporarily closed it June 19 after citing a number of violations.

According to a letter from the state Department of Health and Senior Services, store owners had until yesterday to correct several violations. These measures included removing and disposing of pet food contaminated with rodent feces and disinfecting a refrigerator and freezer used to hold animal carcasses and medical and pet supplies.

Riley said animals were not receiving proper care and were being given antibiotics not prescribed by a veterinarian. She said the owners didn't have a disease control program established and maintained by a licensed veterinarian. The disease control program spells out how animals will get preventative care and sick care.

"We felt the most serious violations had been corrected," Riley said.

She said the owners corrected other several issues, including isolating sick dogs from healthy ones, improving the general cleanliness of the facility, hiring an exterminator and closing off access to areas where rodents and other pests could get in. A veterinarian who inspected the store also had issued some instructions for medical treatment, and the owners had developed some cleaning and disease-control protocols, Riley said.

Before the store was given the OK to reopen late yesterday afternoon, a handful of midafternoon customers were turned away.

"Sorry, we're closed," said Lisa Youmans, who co-owns the store with her husband, Butch.

Next to the red "unsatisfactory" sign posted Friday by township health officials was a hand-made sign that said the place was closed and remodeling. Lisa Youmans said they had started repainting and remodeling before being closed down last week.

Pets & Supplies Unlimited, which has been operating for 14 years, sells dogs, rabbits, birds, hamsters, fish and rats, as well as pet food, leashes, collars, toys and other accessories.

Near the many "Do Not Touch" the puppies signs, there were 36 dogs some in cages. Many were barking; others were sleeping or playing with the other puppies in a pen.

As many as seven dogs were waiting to go home to their new owners, but because the store had been closed for nearly a week, they sat in their cages until they were given the green light by township and state inspectors.

The prices for the dogs range from $150 to $800, but Marlene Fanelli, Lisa Youmans' mother and a store volunteer, said sometimes they offer discounted prices to certain customers. She estimated they lost about $10,000 because customers couldn't make purchases for nearly a week.

Lisa Youmans and Fanelli said they knew they had had some mice in the store and were working on exterminating them without using chemicals. They said the township official who inspected their store was aware of that when they received a "satisfactory" rating.

Jeff Plunkett, Hamilton's health officer, said Gary Hill, the township's shelter manager who oversees animal control officers, had no knowledge of mice during his inspection. He also said there is no mention on Hill's inspection form of knowledge of mice in the store.

Plunkett said Hill inspected the shop on May 4 and rated it "conditional satisfactory." The rating was due to dirty floors, pens and food and water bowls, and general sanitation issues. Plunkett said the store was not up to high quality standards, but was also not at the point of closure. He added that when Hill returned on May 16, the violations were corrected and the store was issued a "satisfactory" rating.

After the June 12 complaint, the store was reinspected, received an "unsatisfactory" rating and was closed down. It reopened yesterday with a "conditional satisfactory" rating.

Plunkett said he and township animal control officials will meet with the Youmans within two weeks for a hearing.

The loss of seven show dogs left in a van in Missouri this week is a reminder that vehicles can become death traps in hot weather in a matter of minutes.

Tragedy struck Monday when a handler left eight dogs in a van for several hours overnight, seven perished, likely from heat stroke, including the top female Akita in the nation. The surviving dog was suffering from kidney failure and it was uncertain whether she would live. For more from the St. Louis Post-Dispatch click here. 

Pet owners should remember leaving an animal in a hot car is not only dangerous, it's also grounds for animal cruelty charges to be filed.

Here are tips from the American Kennel Club about how to recognize heat stroke and actions to take:

Early Stages:
Heavy panting.
Rapid breathing.
Excessive drooling.
Bright red gums and tongue.
Standing 4-square, posting or spreading out in an attempt to maintain balance.

Advanced Stages:
White or blue gums.
Lethargy, unwillingness to move.
Uncontrollable urination or defecation.
Labored, noisy breathing.
Shock.

If your dog begins to exhibit signs of heatstroke, you should immediately try to cool the dog down:
Apply rubbing alcohol to the dog's paw pads.
Apply ice packs to the groin area.
Hose down with water.
Allow the dog to lick ice chips or drink a small amount of water.
Offer Pedialyte to restore electrolytes.

Canines and wine. What a fine pairing.

Tomorrow dog lovers in the Philadelphia area can meet Valor, a 2-year-old black Labrador retriever guide dog, and enjoy samplings of fine wine at the Premium Collection PA Wind & Spirits Store in the Swede Square Shopping Center in Norristown.

Valor and his owner will be on hand to promote Dog House Winery, a California vintner, and guide dog programs. Sales of the wines will benefit Guide Dogs for the Blind, a non-profit group that helps those with vision impairments gain mobility and a better quality of life through lifelong partnerships with dogs.

The wine tasting, which runs from 4 to 6 p.m., is free and open to members of the public age 21 and over. Belly rubs for Valor also are free of charge.

Humane officers last night seized dozens of additional animals - including monkeys, birds, cats and horses - from the Lehigh County kennel where 216 dogs were removed 24 hours earlier.

Agents from the Pennsylvania SPCA and Lehigh County Humane Society executed a search warrant at Almost Heaven kennel, the problem-plagued facility ordered shut down by state yesterday, where they found more sick and injured animals. 

A PSPCA veterinarian was on the scene evaluating animals late tonight, so the count of animals removed is preliminary, but it is believed about 20 cats,  five dogs, two horses, "a roomful of birds" and as many as five spider monkeys were taken to shelters.

Kennel owner Derbe Eckhart - who officials say has been charged with additional violations based on yesterday's raid - is scheduled for trial in July on animal cruelty charges relating to an October raid where agents removed 60 sick dogs.

As a result of that raid and ongoing violations, the Department of Agriculture revoked Eckhart's kennel license. Commonwealth Court denied Eckhart's emergency appeal on Monday and officials with the Bureau of Dog Law Enforcement said they moved quickly to shut the kennel and remove all but 25 dogs, fearing they might be shot if Eckhart was given notice to downsize his kennel.

Under Pennsylvania law, no license is needed for fewer than 26 dogs.

Eckhart's website lists four breeds of cats (Snowshoe, Siamese, Ragdoll and Persians) for sale as well as cockatiels and lovebirds.

The warrant resulted from information provided by the Humane Society of the United States staff and state dog wardens during their search of the property on Tuesday.

The 216 dogs were taken to an emergency shelter in Harrisburg for evaluation. Some of the dogs have already been distributed to shelters throughout the region for adoption. Pennsylvania shelters receiving dogs are the Humane Society of Harrisburg, the Humane Society of Berks County and Cumberland Valley Animal Shelter. Animal Allies of New Jersey also received dogs.

Officials close Lehigh County kennel, seize 216 dogs
By Amy Worden

Inquirer Staff Writer

Animal welfare officials, acting under a new law, moved in today and shut down a Lehigh County dog breeding kennel with a history of abuse and filthy conditions.
Agents of the state Bureau of Dog Law Enforcement and the Humane Society of the United States are removing 216 dogs from the Almost Heaven Kennel in Emmaus.

The noon-time seizure came after the Commonwealth Court rejected kennel owner Derbe Eckhart's emergency appeal of his license revocation. For more click here.
 

UPDATE -- Like a line up for Noah's Ark they came parading out of Almost Heaven Kennel, many tucked in the arms of rescuers. From Chihuahaus to Great Danes, from designer labradoodles to the latest hot dog breed: the Portuguese Water dog, made popular by the Obama family. Aerial video by WFMZ shows small dogs housed in rows of stacked cages, while larger dogs, who ran tails wagging to rescuers, were living in pens with chain link fencing and plastic kennels for housing.

A total of 216 dogs removed from the kennel this afternoon are resting tonight in temporary quarters at the Farm Show complex in Harrisburg. State Department of Agriculture spokesman Chris Ryder called me at about 6 p.m. to say the final count was 211 dogs only to call back 15 minutes later and revise the number to 216. Five more dogs were seized by agents who caught kennel owner Derbe Eckhart trying to hide dogs in his house. 

Veterinary exams revealed some dogs had mange and others suffered from eye infections and other skin diseases, Ryder said. The dogs have been turned over to the Humane Society of the United States which will care for them until they can be put up for adoption. Donations may be sent to HSUS at www.hsus.org.

Meanwhile, state lawmakers from the Lehigh Valley lashed out at Eckhart and state agencies responsible for enforcing other areas of the law Eckhart is believe to have violated.

Four legislators issued a joint statement this afternoon applauding the actions by the Dept. of Agriculture, but said they were concerned that it had taken so long after the initial raid in October to close down the problem kennel.

"As many as five state and local agencies have had interactions with the Almost Heaven kennel site or its owner and operator, Derbe Eckhart," said Rep. Douglas Reichley, joined by Rep. Karen Beyer, Rep. Gary Day and Sen. Rob Wonderling. "It is incredible to us that more than six months after the largest dog kennel raid in Pennsylvania, the various agencies with jurisdiction did not do more to permanently close this facility."

The lawmakers said evidence of violations to consumer protection laws, non payment of state taxes and allegations of abuse to other animals, including monkeys, should have prompted action by other agencies.

The legislators wrote: "Over the past nine years, the Pennsylvania Department of Revenue has filed liens against Eckhart for his failure to pay approximately $90,000 in back state sales taxes. The department filed judgments against Eckhart, but has failed to take any action to recover the delinquent taxes on the grounds that Eckhart cannot pay the back taxes if his business is shut down. However, the department was not willing to disclose any payment history of the taxes which were owed.

The Office of Attorney General has also been notified of the possibility that Eckhart violated the Dog Purchaser Protection Act, known as the Puppy Lemon Law, by misrepresenting dogs' pedigrees and medical histories to purchasers. However, the attorney general has not received any evidence from a complainant about the conditions of the dogs purchased at Almost Heaven."

"In the future, oversight agencies must take quicker action to close down problem kennels," the lawmakers said. "We will not rest until all the animals at the Almost Heaven kennel are living in safer and more humane conditions.