After my employment with the Georgia Department of Agriculture Animal Protection Division, I understood why they called this the Georgia Animal Protection "Act".   

Animal Protection - Regulation and Enforcement

The Animal Protection Section was created to enforce  the Animal Protection Act and the Bird Dealers Licensing Act that require certain standards of care for kennels, pet dealers, bird dealers, and animal shelters.

Ok, let's reread that - this state agency was initially created TO enforce - that would imply that this state agency was actually established/put together for the very purpose of ENFORCING the Animal Protection Act.  So why is it that in so many situations, the Doa claims they are 'only regulatory and not enforcement"?

 The Animal Protection Act provides standards to which everyone who produces, sells, boards, trains, grooms, offers for adoption, or exchanges pet animals must adhere.

"..... must adhere." - They should replace the "must" with "should".  "Must"implies it is mandatory. "Should" would imply that the Doa really, really wants you to follow the rules.

The Bird Dealers Licensing Act provides standards for the sale of exotic and pet birds.

Inspectors may issue stop sale/movement/use orders for failing to adhere to the standards set forth in the Animal Protection and Bird Dealers Licensing Act.  Quarantines are issued when communicable disease is diagnosed, or when exposure to such disease is suspected.  When quarantines are issued, all sick or exposed animals must be held in isolation and treated appropriately until a licensed veterinarian deems them free of disease.

They neglect to tell you that another option when a quarantine is issued is to euthanize all housed animals that may have been exposed.  This option is used regularly in animal control shelters when Parvo is discovered.  This eliminates the costs of isolation and any necessary medical treatment for exposed animals. I.e. It's cheaper to put them all down rather than to isolate and treat. 

But in their wording, it doesn't give establishments any other option, including mass euthanasia.  Their rule clearly states,  "....animals must be held in isolation and treated appropriately until a licensed veterinarian deems them free of disease".   Not isolating animals and seeking treatment would appear to be a violation. 

Other penalties for non-compliance with the Georgia Animal Protection Act include licensee probation, revocation of licenses and/or monetary fines.  Failure to comply with the Animal Protection Act or Bird Dealers Licensing Act is a misdemeanor.

The Doa makes it sound like they will prosecute anyone failing to comply - have they ever prosecuted anyone?   Remember, they claim to be 'only regulatory, not enforcement  - however, take a look at the top of this page where the Doa has in big black lettering "Regulation and Enforcement".

 * Rabies control and enforcement is coordinated through local animal control offices and health departments.  The Georgia Department of Agriculture has no regulatory authority over rabies.  

If the Doa has no authority over rabies, then why is this information even listed on this Doa Animal Protection site? 

What do you need for your dogs & cats when entering Georgia?

RABIES QUESTIONS-Division of Public Health:

  2007 Georgia Rabies Control Manual (538KB)

  2007 Compendium of Animal Rabies Prevention and Control (127KB)

Submission for Rabies testing: Call Public Health 404-327-7981

Rabies & Poison Control Center (animal bites): 1-800-282-5846 or 404-616-9000

The Animal Protection Peeps claim that they do not regulate, nor enforce, anything to do with rabies - so why is the Doa filling up their page with non Animal Protection Division related information?

Animal Protection - FAQS

1.  Who is required  to obtain a license from the Animal Protection Section?

Animal shelters, pet breeders, pet dealers, pet shops, pet groomers, pet trainers, boarding kennels, aviaries, and rescue groups and humane societies that house animals all require a license issued by the Animal Protection Section of the Georgia Department of Agriculture and must be prominently displayed at each licensed place of business.

2.  When is a person considered a pet dealer (pet breeder)?  

 If your animal has more than 1 litter in a twelve month period, you are required to obtain a pet dealer's license.

According to the 2003 State Auditor's followup report, the audit team conducted a cursory search of newsaper, and online breeders, and found that up to 76% of them were unlicensed.  The Doa Animal Protection Division "agreed", as late as 2003,  to begin actively pursuing unlicensed breeders.   

4.  What are the fees for a license?

Animal Shelter—Fee Amount is based upon holding capacity

1.capacity for up to and including 20 animals - $100.00
2.capacity for over 20 animals - $200.00

Bird Dealer—Fee Amount is based upon gross sales

1.   up to $1,000.00 gross sales - $50.00
2.$1,000.01 to $10,000.00 gross sales - $100.00
3.over $10,000.00 gross sales - $200.00
4.bird dealers not having a permanent fixed facility in Georgia - $200.00

Kennel—Fee Amount is based upon holding capacity

1.capacity for up to and including 20 animals - $100.00
2.capacity for over 20 animals - $200.00

Pet Dealer—Fee Amount is based upon gross sales

1.up to $1,000.00 gross sales - $50.00 fee
2.$1,000.00 to $10,000.00 gross sales - $100.00 fee
3.$10,000.00 and over gross sales - $200.00 fee
4.pet dealers not having a permanent fixed facility in Georgia - $200.00

During my employment,  I was told, by my supervisor not to worry about the actual sales, and thus, I never asked, nor verified any sales figures on any pet stores, puppy sellers, or any other establishment, for that matter.  In the audit report, the State Auditor comments on the Animal Protection Division only charging licensees the lowest Pet Dealer fee.

5.  I am interested in starting an animal rescue group or shelter.  What must I do in order to be licensed?

The first step is to check the local zoning requirements.  If there are no restrictions for this type of establishment, please contact the Secretary of State's Office to apply for incorporation papers.  Their information number is 404-656-3920.  After you have received this designation or if you have any further questions, please contact our office at 404-656-4914 to provide your name and contact information.  This information will be given to the inspector to schedule a pre-license inspection.  You should review and become familiar with the Animal Protection Act and Animal Protection Rules BEFORE your inspection.  The inspector will bring the license application and collect the fee amount, per established guidelines in the Animal Protection Rules, at the time of inspection.

 6.  I simply want to be a dog trainer or groomer.  What type of license do I need from the Georgia Department of Agriculture?

Your business would be considered a kennel:``any establishment, other than an animal shelter, where dogs or cats are maintained for boarding, holding, training, or similar purposes for a fee or compensation."

7.  What do Animal Protection Inspectors do?

Ok, this is a biggie - this is, according to the Doa, what their Inspectors are actually responsible for during their work day.  You'll notice the very first sentence states the Inspectors are "...responsible for enforcing the Animal Protection Act." 

So, if the Doa IS responsible for "enforcing" the Animal Protection Act,  why aren't they "enforcing" it?   According to the Doa Animal Protection Division web site, they are supposed to be 'enforcing' the Animal Welfare Act.  So then why do they continue claiming to be only 'regulatory' when the Animal Protection Divison was initially created TO enforce the Animal Protection Act.   

Reminds me of a used car salesman - the fine print states one thing, the salesman puts a totally different spin on it. 

The Department currently employs 12 Animal Protection Inspectors and two Animal Protection Field Supervisors who are responsible for enforcing the Animal Protection Act, Bird Dealers Licensing Act, Animal Protection Rules and Regulations,  and Bird Dealers Licensing Rules and Regulations for all 159 counties in the state.  (Animal Protection does not investigate complaints on personal pets, this is handled by local animal control services.)  Their duties include but are not limited to:

• Inspecting pet dealers, pet and bird breeders,  bird dealers, and kennels taking appropriate regulatory action when guidelines are not met
• Inspecting animal shelters, taking appropriate regulatory action when guidelines are not met
• Conducting pre-license inspections of new establishments
• Investigating complaints on establishments and/or  animals in licensed facilities
• Monitoring special sales, shows, and events, checking health papers and permits
• Issuing quarantines and stop sale/use/movement orders
• Responding to the needs of companion animals  involved in disasters

In this section, above, they now state they will take 'regulatory action' when guidelines are not met, AFTER they clearly state they are responsible for 'enforcing the Animal Protection Act'.   

8.  What are the Inspectors looking for during an inspection?

The inspection staff is trying to ensure the animals in the facility are receiving humane care.  Humane care is defined as ``but is not limited to, the provision of adequate heat, ventilation, sanitary shelter, and wholesome and adequate food and water, consistent with the normal requirements and feeding habits of the animal's size, species, and breed.  Inhumane care includes any act, omission, or neglect, which causes unjustifiable physical pain, suffering, or death to any living animal." Rule 40-13-13-.01(14)

Ok, here's where I have a  m-a-j-o-r  problem - I have to go back to that chihuahua pet store puppy - the one that was so sick looking, and the one which eventually died from pneumonia. 

IF the Animal Protection Division was, 'trying to ensure the animals in the facility are receiving humane care', what made this puppy  any different?   It was my supervisor, the then, and current, Field Supervisor for the northern half of Georgia's establishments,  that I contacted,  over the course of those few weeks, advising him of that puppy's condition.  It was my supervisor who told me, and continued to tell me every time I contacted him regarding this puppy's declining condition, that 'our hands are tied, as long as the pet store owner is treating the puppy, we can't do anything." He told me that the way the laws were written, we couldn't step in to intervene. 

Let me make clear here what my supervisor was referring to in regards to the pet store owner's "treatment" of the puppy. 

When I first contacted him relaying my concern for this puppy's medical condition,   he asked me if the store owner was treating the puppy.  I told him that the owner had told me he was giving him vitamin supplements out of a squeeze tube, and giving him molasses. No medical care, only an in-store supplement, and a home remedy.   I told him that this puppy appeared, to me,  to need immediate medical  treatment.  He told me the first time I called, and continued to tell me each time I called,  that "as long as the pet store owner is treating him, there's nothing we can do".   

 Looking back, I should have driven straight down to Tommy Irvin's office and raised all hell over this one.  And if I didn't get anywhere with him,  then I would have went straight to the media and let them know that there was a sick pet store puppy that needed immediate medical care, and I wasn't allowed to do a damned thing about it.   

 Inhumane care includes any act, omission, or neglect, which causes unjustifiable physical pain, suffering, or death to any living animal." Rule 40-13-13-.01(14)

I would venture to guess that this chihuahua puppy experienced physical pain, and sufferered during his death over those few weeks. How my supervisor took it upon himself to decide that molasses and vitamin supplements  constituted adequate medical care, is beyond me. 

I have never forgotten that little puppy, and the feeling I had watching slowly pass away sitting in that wire cage, on sale, in a Doa licensed establishment.  You can read about this pet store puppy's story  here.

Inspectors are also ensuring that the Premise Requirements  40-13-13-.06(1)(a)-(q) are being properly met.

Ensuring? The definition of 'ensure' is  to make sure or certain;  Ok, that defintion doesn't really fall into the "regulatory" classification.  To "make certain" would imply 'enforce' or some sort of "insurance'(action) that the requirements were being met.  Monitor? That definition betters fits what the Doa claims in stating they only 'regulate'.  Monitor means to keep close watch over;

The big question is, what happens when they have a licensee who continually refuses to maintain the premise requirements.   Is the licensee held to any sort of accountability, monetarily or otherwise? Or like Murray County Animal Control, do they continue to be issued written violations year after year.  

9.  I would like to get results of an investigation or complaint.  How can I obtain information on complaints investigated by an Animal Protection inspector?

Why does the Animal Protection Division purge their records after two years? They claim, in their defense, in the State Auditor's report, that they hand wrote so much in their inspection reports for the purpose of establishing a time line of violations/complaince for the establishment. But what good does establishing a timeline do if the reports are only going to be purged after two years?  Even the State Auditor commented on the 2 year record purge, in his report. 

Before I left the Doa, the two supervisors, and lead inspector, had been given laptops for a test program.  The laptops were intended on improving areas such as the amount of time inspectors were spending hand writing inspection reports, and violations.  I don't know whether the laptops were implemented permanently, but if they were, then this would make maintaining this agency's records alot easier, and wouldn't need to purge their records after just two years.  All records and documents could be easily maintained on the computer system.  I don't know if they kept the laptops, or went back to hand writing their inspection reports.

Open Record Requests

During the Murray County situation, during a called meeting held in the Diretor's office,  regarding Murray County,  the Office Manager told me that conference hearing requests, along with open records requests, must  come by her first.  I thought that was odd since the Doa has a separate department, the Open Records Section, located upstairs, that handles all open records requests.  The Office Manager had said this to me in regards to a reporter contacting the Doa requesting open records on Murray County Animal Control.   

I had written in my last inspection report for Murray County Animal Control, that I felt this licensee should be requested to come down to the Atlanta office for a conference - due to the consistent violations this establishment had received in an approximately two year time frame.  I think I counted 52 or so violations they had been issued in approximately 17 months, all pretty much the same violations each time. 

And something my supervisor said to me, rang back in my mind, during this meeting in Mary's office.  A few days after I told him about the Director stating to me what he did about the pit bulls fighting in the shelter, he told me how this Director was running for Sheriff, and how he bet the media would "love to get ahold of this".     

When the Office Manager said what she did to me,  I remembered back to my supervisor saying what he did to me.   At first,  I just assumed that she was referring to my writing what I did in my inspection report when she told me that the proper procedure to request a conference had to come to her first.   To this day,  I still believe that my supervisor was involved in this reporter person requesting copies of Murray County's inspection reports. 

  Of course, during this meeting, my supervisor  conveniently couldn't remember my calling him that day and telling him what Murray County's Director had stated to me, and a new Murray County Shelter employee.  

During that same meeting, the Office Manager told me she had mailed out a conference hearing request to Murray County Animal Control.  I told her if she needed me to attend,  to let me know and I would be happy to.   The last day I spoke to her,  the day she drove up with my supervisor, intending on terminating me, I, again, told her that if I was needed at the Murray County conference, I would be glad to attend.  I never heard back from her, and to this day, I don't know if they even followed through on a conference hearing with Murray County.  My guess would be no.  

On December 28, 2007, I contacted Murray County Animal Shelter to ask who their current Shelter Director was - the response was the same person that was the Director during my employment.  That's not comforting to know, given the things I observed, and heard, during inspections at this establishment. 

 For the record, the Doa has an Open Records Section who are responsible for all information requests under the Open Records Act.  Currently, the Doa web site states that a Sauncarae Cameron is the contact person.  However, I have been told that this person is no longer in her position. During my employment, the contact person was a "Joy".  I'm wondering why the Open Records Section seems to suffer the same problem with employee turnover as the Animal Protection Division. But the contact phone number should still be the same - unless it has changed, too.   

10.  What is the purpose of the "Animal Friend" (Dog-Cat) License Tag Program?

The Dog-Cat License Tag Program supports a statewide dog and cat sterilization program.  Information on this program can be found on our website at http://www.agr.state.ga.us/html/dog_cat_tags.htm  and the Humane Association of Georgia at http://www.humaneassociationofgeorgia.org.

11.  Is there a "lemon law" in Georgia concerning pet purchases.  How can I make sure I purchase a healthy pet? 

Insist of a written purchase contract.  It is recommended that persons take newly purchased pets to a veterinarian within 48-72 hours of purchase to have the animal checked by a licensed and accredited veterinarian of your choice.   Purchase from licensed pet dealers only.  You can request the inspection history information on a licensed establishment under the Georgia Open Records Act.   Although there is no ``lemon law" concerning pet purchases, the Animal Protection Section does investigate disease and health issues and selling under false pretenses. 

Now, if the Animal Protection Division is, truly, only "regulatory, why are they claiming they investigate anything? And especially 'disease and health issues' when there is an entirely separate Doa department (Animal Health Industry) that is responsible for this. Why not just forward disease and health issues to the proper department to begin with - instead of the Doa wasting more time "investigating" something that apparently they can't do anything about in the first place. 

And what good does requesting the establishment's inspection history if it's only going to consists of only the last two years? And even if the inspection reports from the two years contained any violations, what is the Animal Protection Division actually going to do about it? And if records are not being 'maintained' properly, how is anyone going to know if they are getting the entire 'story' on an establishment?

12.  What types of inoculations are required by the state of Georgia for cats and dogs?

By Georgia law, dogs, cats, and ferrets must get rabies vaccination when they are twelve weeks of age or  older and every year after that.   Rabies control falls under the Georgia Department of Health.  You may access their website at http://www.gpc.dhr.georgia.gov.   Rabies vaccinations are only recognized in Georgia when performed by a licensed veterinarian.  Call your veterinarian for more details on rabies shots for your pets.  If your pet is bitten or scratched by a wild animal notify your veterinarian immediately.

By the Animal Protection Division's own admission, they do not handle any sort of rabies regulation.  So why, then, do they have rabies inoculation information listed on their site?  Remember, there's a separate department that handles rabies and infectious diseases.  Why is the Doa filling up their Animal Protection Division site with information that isn't affiliated with Animal Protection issues?

13.  I plan to travel with my pet.  What arrangements must I make to legally transport my animal?

Small Animals (dogs & cats) entering Georgia need:

Contact USDA, Veterinary Services, 770-922-7860 for:

• Animal(s) going out of the country
• Request for International Health Certificates
• International Import/Export Regulations
• Veterinary Accreditation

Again, this doesn't, according to the Doa's web site, involve the Animal Protection Division.  

14.  I believe birds are dying from West Nile Virus (WNV).  What do I do?

The local health department handles investigations of WNV.  Look in the blue pages of your local phone book and find the county health department number for further assistance.

The Doa's Animal Protection Division page, to me, is appearing to be an Animal Directory of Georgia agencies to contact for assistance.  

15.  I have a complaint against my veterinarian.  Who can I contact for assistance?

You should contact the Georgia State Board of Veterinary Medicine. The address is 237 Coliseum Drive, Macon, GA 31217-3858, and their phone number is (478)207-1686.   You may access their website at http://www.sos.state.ga.us/plb/veterinary.

One more contact number to add to the Ga. Animal Directory?

16.  How do I know if an animal can legally be kept as a pet?

Most native wildlife and many exotic animals cannot legally be kept as pets in Georgia.  A guide to legal pets can be found on the website of the Georgia Department of Natural Resources, located at http://georgiawildlife.dnr.state.ga.us.

And yet, another, contact number for an agency that handles what the Doa claims they do not. My question is why has the Doa not included more information regarding the ANIMAL PROTECTION DIVISION?  This page is titled "Animal Protection FAQS" yet it's appearing to be anything but.   Animal Protection FAQS?

17.  I think my neighbors are dog fighting.  Is this legal in Georgia? 

The Animal Protection Division, according to the Animal Protection Division's Animal Protection FAQS does not handle complaints involving dog, or cock, fighting.   As to the reason why this information is listed on the Animal Protection's FAQ site, I do not know. 

Dog fighting and cock fighting are illegal and considered animal cruelty in the state of Georgia:

• Dog Fighting: A person commits the offense of dog fighting when he/she causes or allows a dog to fight another dog for sport or gaming purposes or maintains or operates any event at which dogs are allowed or encouraged to fight one another.  O.C.G.A. §16-12-37
• Cock Fighting (not legally defined): A person commits the offense of chicken fighting when he/she causes or allows a chicken to fight another chicken for sport or gaming purposes or maintains or operates any event at which chickens are allowed or encouraged to fight one another.

*Dog fighting and cock fighting information should be reported to the local Animal Control or Sheriffs Department.

lol ok, again, they have provided another contact for residents to call, other than the Animal Protection Division.  I am thinking they have succeeded, if that is what they intended to do,  in filling up the "Animal Protection FAQ" page with everything but information regarding the Animal Protection Division. 

And my biggest question -  why are companion animals still even in the Department of Agriculture's hands? They are not livestock, they are not an "agricultural" product.  So why is the Doa still continuing to make money off of the animal companion "industry"? They claim they enforce the Animal Protection Act, on some parts of their web site.  In other parts, they claim they only regulate.   They are not, in my opinion, and in my employment experience, ensuring that all animals housed in licensed establishments are receiving humane care. 

I would like to see this state 'division' abolished,  as it continues to appear that there are many animals not being "protected" by the Animal Protection Division.   If not abolished, then at the very least, the removal of the word "protection" from their department title.    

 A more fitting title would be "Animal License Regulation Division".