Southern Wolf
06-04-2011, 07:57 AM
USDA's dirty little secrets get revealed
http://bobmccarty.com/2011/06/02/animal-trainer-caught-in-usda-legal-circus/#more-40086
They decided to go after the owner of Dallas based Animal Encounters. He was cited with numerous violations of the Animal Wellfare Act.
During the first stages of the court proceedings the following was exposed
During the first phase of his trial which took place Feb. 17-25, Terranova said, he and his attorneys felt they were able to get some strong points across to the court. In addition, they were able to document the fact that inspectors have been given wide latitude to “interpret” the regulations as loosely as they can. At the conclusion of the first phase, they had several reasons to feel confident in their ability to disprove the alleged violations. Among them were items revealed in the USDA Administrative Law Court transcript:
Sloan Damon, an animal trainer who worked with Terranova as an independent contractor from March to September 2008 and is listed alongside Terranova as one who allegedly violated numerous USDA regulations, was granted immunity in exchange for his testimony at Terranova’s trial.
During testimony Feb. 18, USDA Investigative Enforcement Service Investigator Rodney Walker said he did NOT take any handwritten notes during his investigation of Terranova and others. When asked if he followed the IES manual when it comes to conducting investigations, Walker said, “I don’t go by it much.”
During testimony later the same day, IES Investigator David Watson was asked to read the third sentence of a memo about the investigation that he had written to fellow IES Senior Investigator Bob Stiles. Here’s what he read: “As we discussed, I left the violation blank on the photographs until you determine if you will use any of them or be able to cite a violation that you decide on.” When asked a short time later if it’s common agency practice for investigators to provide blank photographs with violations to be filled in later, Watson said, “No, it’s not.”
Then.... Two weeks after that first phase of the trial ended, Terranova said he was inspected again.
That inspection took place March 10, lasted two hours and involved a USDA inspector viewing Terranova’s traveling tiger act at a Shrine Circus in Michigan and then reviewing his paperwork, equipment and vehicles. When it was over, the animal trainer said he thought the inspector “seemed happy” and would spend about 20 minutes writing up what her violation-free report. But things took a different turn.
“She returned over two hours later, asked to look at our equipment again, and proceeded to write us up for having a performance cage that was too short,” Terranova explained, adding that he was subsequently written for his transport cages — the same type of cage he’s used since 1978 without any citations — being “too small.”
Notably, Terranova told me that he has acquired USDA inspection reports from three other big cat acts — all using the same industry-standard cage — that have been inspected since March 10, and NONE were cited for infractions. When he appealed the cage-related finding in his report, he was told that it would stand and that it was up to each exhibitor to remain in compliance.
And most importantly ... you should take this from the story.
“The biggest problem here is that, even if you are right, it costs thousands to fight them, and they keep coming with more B.S.,” Terranova said. “Before you know it, you are into your children’s college funds to try and continue your small business.
“They can do what they want, when they want and with no worries,” Terranova said. “Even if you win, you lose.”
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Dennis Hultman
07-31-2013, 01:51 AM
Update: Feds require 32 page disaster plan for Magician's rabbit.
Doesn't the gummint have better things to do with their time which is financed with OUR taxes, than chase down magicians?
http://bobmccarty.com/2011/05/25/usda-rabbit-police-stalking-magicians/
Just a few weeks ago, Mark called and asked me to write this as an article rather than a post on the board, because he’d heard of yet another instance of the Rabbit Police striking in another state! He put me onto the trail of Brad Machette, one of the busiest fair and festival workers on the East Coast. Before I had a chance to call Brad to interview him, Mark called back and said, “You’ve got to talk to Marty Hahne of Dazzling Magic, too. He has an incredible story.” Since I have so much free time, I called both of them.
First, Brad’s bust: While working an agricultural fair in North Carolina, Brad discovered an issue which required local veterinarians to examine his livestock which include a rabbit and a chicken. Yes, Brad uses a chicken. We won’t get too deep in this issue other than to say if you are in North Carolina (and possibly other states) and use livestock that is handled or petted by the public (i.e. the people watching your show), you have to have a hand-washing station within sight of where you display the animals.
Brad didn’t have a hand-washing station. So, being the professional he is, Brad improvised and made what he called the “Redneck Handwashing Station.” He even called it that in his show.
The regulation required Brad to actually stop his show at the “point of petting” for he and the audience member to go over to the Redneck Handwashing Station to wash their hands. This improvised sanitation facility consisted of a few bales of hay, a longneck garden sprayer, a garden hose, a plastic container, soap and paper towels. Before you ask, no, hand sanitizer is not an acceptable substitute.
After Brad thought he’d satisfied all the regulations, along came the RP (Rabbit Police), N.C. Division!
They informed Brad of the law and told him they could have fined him on the spot for not having a license, even if he didn’t know about it. I’d guess that comes down to the “ignorance of the law is no excuse” clause. As I understand the law, you cannot use your rabbit legally even after you’ve applied for the license until you actually receive the documents, which have to be with you at all times.
Fortunately for Brad, they inspected and licensed him “on the spot” and gave him his license number even though he didn’t physically have his license. Interestingly enough, Brad was told his rabbit had to have at least as much off stage time as it did on stage time. Now THAT’S funny. Apparently, there is a rabbit union out there as well!
Marty’s story dates back to the summer of 2005 and has some really interesting moments in it. If you know Marty, you realize he has a very lively sense of humor. Keep that in mind as we proceed.
Marty was busted at a library show. He was working a library system he’d never worked before. He was all set up for his show, rabbit loaded and just about ready to start. Suddenly, the librarian came to him and said, “Marty, I need to see you in my office immediately” with a look of dread in her eyes. Marty couldn’t possibly imagine what was wrong.
Once they got in to her office, she informed him that there was an inspector from the USDA in the audience and that she would give him trouble about his rabbit. Marty, being quick on his feet, replied, “What rabbit?” “Exactly,” said the librarian, “Let’s hide him in my office until she leaves!” Sounded like a good plan.
Marty does the show, the whole thing, while scoping out the audience trying to figure out which person was the inspector. Then he spotted her. A burly-looking lady wearing boots, jeans and a denim shirt. He smoothly omitted the rabbit routine, and the show went fine. Afterwards, several moms were asking about his shows for schools, birthday parties, etc. Then, suddenly, the conversation was halted by a badge being shoved into the mix.
“I’m with the USDA, and I need to see the permit for your rabbit,” she said.
“There wasn’t a rabbit in the show,” Marty replied.
“I know, but there’s a rabbit with you in this photo from the show yesterday!” she countered. I forgot to mention that this was Marty’s second day of shows for this system.
Marty was able to put her off until she could come to his home for a proper inspection. Figuring he’d appeased the inspector, he planned on using his rabbit for the remainder of the shows. Upon getting to the second show that day, however, the librarian told him that she’d heard of the problems his rabbit had caused. Word traveled fast thanks to email! Every other librarian in the system — and even the entire county — had heard about the “problem” Marty’s rabbit had caused.
Finally, it was time for the inspection at the Hahne’s home. Marty decided to ask some questions.
“My friend has a snake,” he said. The inspector quickly told him they don’t regulate snakes.
“No,” Marty said, “I mean he feeds his snake rabbits. He breaks their necks and drops them in the cage for the snake’s food. Does he have to have a permit for that?” Again, she told him there’s no regulation for that.
“So I could break my rabbit’s neck and feed him to my friend’s snake and I wouldn’t need a license?” Marty asked.
“Correct,” she said, “But you need a license to use him in your magic show.”
Within an hour after the incident at the library, librarians at the other nine libraries in the system had heard what happened. By the next morning, the lady had emailed every library in the state of Missouri — close to 700 libraries! She informed everyone that Marty could cause problems because of his rabbit!
Who says there’s no such thing as bad press? After some talking, Marty convinced the librarian who caused the damage that an apology email to the entire state would be a good idea. Fortunately, she agreed!
They proceed to examine Marty’s “rabbit habitat.” The inspector sees his travel cage.
“You don’t have any ‘live animal’ stickers on your carry cages,” she said. “That’s a citation!”
Yikes! That sounds serious. Marty inquired and, according to the regulation, you must have a sticker that says “Live Animals” along with an arrow pointing upward on the travel cages. Marty asked why? The answer was that, in case he was in an accident, the rescue personnel (the Rabbit Rescue Team, I suppose) would know how to pick up the carrier.
“I figure most people would just pick it up by the handle,” Marty replied. It was at this point the inspector showed Marty the clause in her book that says verbal abuse of an inspector is a felony punishable by up to one year in prison. Ooops!
By now, you see the irony in all this. More on the technical aspects of this law later . . . on with Marty’s story.
You see, after you’re licensed, you can be inspected at random once per year. They can show up unannounced. Marty was in his office one day and saw the inspector’s vehicle pull up. He quickly closed the blinds, deciding to pretend he wasn’t at home today. If she can show up unannounced, he can be “not home.” There was a slight problem though – his front door was open with only the screen door being closed.
She rang the bell. The dog ran to the door barking like usual, but Marty stayed quiet. She knocked, but Marty stayed quiet. Then he realized his van was backed into the driveway.
She rang again, then knocked again, but Marty stayed quiet. Then his phone rang. The answering machine picked up. It was the inspector! The message she left said, “Hi Marty, this is Jane Doe with the USDA. I came by to do your inspection and your door was open. I knocked but no one came. Then I noticed there is a van backed into your drive. I think someone has broken into your house and is loading up your belongings in their van. Call me. Oh, by the way, did you get those stickers I sent you?”
By the way, Marty did get stickers – 200 of them! When he asked why, he was told that they are required to hire “at risk” workers to man the administrative offices in Colorado, and they sent two packs of 100 each instead of just two stickers. Our tax dollars hard at work. Marty may have these stickers for sale at his booth at the next convention!
Before we get into the law, here are a couple of positive things that come out of being licensed.
First, you are breaking a federal law by using your rabbit in your show without a license. You can probably “play dumb” if an inspector shows up at your show (or your house), but be warned that they can fine you on your initial offense.
Second, on a positive note, if you are harassed by an animal rights activist (PETA, etc.), you have an answer to stop them in their tracks. Gary Maurer had that happen. Here’s what he suggested. Tell them that you are licensed by the USDA to use the rabbits in your show. If they have any questions or concerns, they should contact the USDA. Then show them your license. You should have it with you at all times.
So what exactly is this law? It is the Animal Welfare Act. It was passed by Congress in 1966. Yes, it’s been on the books that long.
It protects animals not raised for food or fiber. We are considered Class C Exhibitors under the Act. An annual license ranges from $30 to $300, depending upon the number of regulated animals held. There is also a $10 application fee. To be in compliance, one must submit to annual inspection and maintain a current license and keep records from your veternarian on the health of your rabbit.
The inspectors are not interested in the props we put the rabbits into. They are only interested in the facilities or practices we use to care for the animals.
Since this law has been around for so long, why all the recent interest? I asked my regional representative, Lisa K MacElderry. Here’s part of her response:
They are after Marty the Magician again.
He is now required to write up a disaster plan for his rabbit. Requiring a 32 page disaster plan.
Even Marty the Magician (his real name is Marty Hahne, from Springfield, Mo.) can't escape the stupid that is our federal government bureaucracy.
"I did a 10-minute bit at the start of my show last night talking about my rabbit situation," Hahne said in an interview with Canada's National Post newspaper, in reference to a July 17 show. "It was better than any magic trick I could ever pull off. People can't believe the story."
According to the paper, the U.S. Department of Agriculture requires the rabbit to be "licensed." If that isn't goofy enough, as we stated earlier, the department also requires Hahne to have a "disaster plan" for his bunny, Charlie.
Not that the bunny would know any difference, but the USDA ordered Hahne to have his plan in place by July 29, in case any of these things happen: "flooding," "earthquake," "landslide/mudslide/avalanche," "wildfire," "intentional attack," to name a few examples.
"My country is broke," Hahne said. "We are out of money, and now the government is spending time, and money, worrying about an emergency plan for a bunny rabbit."
The stupid began long ago. Per the Post:
Before there ever was a plan, or a need for one, there was the rabbit license. Charlie, Casey's predecessor, was the backbone of Marty's shtick when he was working the library circuit around Monett, Mo., in 2005.
"I was booked for the entire week to do 10 libraries," Mr. Hahne says. "To promote the show, the library ran a picture of me holding a bunny rabbit. There was a United States Department of Agriculture inspector living in the town, and she came to my show.
"I didn't even use Charlie in that particular show, but she busted me, anyway. I did the show. And moms always come up to thank me afterward, and kids come up to shake my hand. And this inspector barged through the crowd and stuck a badge in my face and asked to see my license."
Annual process, annual expense, annual stupid
Understandably confused, Hahne asked, "What license?" Replied the inspector, "For your rabbit."
"I told her I could understand needing a licence if I was using tigers, but I was using a bunny rabbit, a three-pound bunny rabbit," Hahne says.
Not so, he learned. Even little bunnies in magic shows need to have government approval; the USDA must sign off on it and, of course, it's not an easy process. It involves multiple forms, getting Charlie in to see a veterinarian, and other processes. And, of course, it's never-ending; the process is annual, and it costs Hahne about a hundred bucks a pop.
That's not all. With USDA "approval" comes the ever-present threat of surprise annual inspections. The point? To ensure that his government-approved rabbit is properly housed.
Do you still wonder why our government and our country are in the shape we are in?
WebSlave
07-31-2013, 03:03 AM
"verbal abuse of an inspector is a felony punishable by up to one year in prison"
Yeah, THAT is certainly a serious violent crime that warrants a felony conviction!
So much for "freedom of speech", I suppose. If an inspector deems your comments as being abusive, no matter how THEY act and what THEY say or do, then they can send you off to prison? Even with the only witnesses being yourself and the inspector? Your word against theirs? And we all KNOW how the judge would rule in a situation like that.
Where the heck do these jokers get off with this crap?
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