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Press Release
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Larry Burke, Newfoundland, PA pleaded guilty on March 2, 2000 to transporting a disabled horse to the New Holland Sales Stables on February 21, 2000. New Holland District Justice Hartman fined Mr. Burke $125.50.
The New Holland Police Department investigated the cruelty complaint.
On February 28, 2000 the New Holland Police Department was again called to the New Holland Sales Stables due to a disabled and emaciated horse. The horse had a leg injury and was emaciated. According to witnesses, including a vet student, the horse was a 2 on the Henneke Body Scoring Condition Chart. The vet at the sale rated the horse a 2 1/2, thus in his opinion, making it fit for riding, sale, and transport. One reason given by the vet to support his position was that the horse was eating hay.
No charges were filed by the New Holland Police Department.
On March 6, 2000 the New Holland Police Department was again called to the New Holland Sales Stables. An appaloosa horse was deemed fit for work, sale & transport by the vet. He sold for $5.00. Other vets who observed this horse stated emphatically that it would be cruel to work this horse, thus making it illegal to offer for sale or to transport, "except that of conveying the horse to the nearest available appropriate facility for its humane keeping or destruction or for medical or surgical treatment."
No charges were filed by the New Holland Police Department.
On March 13, 2000 a severely injured horse was brought to the sale in New Holland. The horse later died apparently due to his injuries.
No charges were filed by the New Holland Police Department. For more information & pictures check the Related Stories section at the bottom of this page.
Cruelty to animals charges are pending against the owner of a severely foundered mule that was at the New Holland Sales Stables on April 24, 2000.
In September 1999, the PA State Police arrested 2 NC horse dealers for transporting 2 disabled horses to the New Holland Sales Stables from NC. John Schuffler & Mr. Shaw, pleaded guilty to the illegal transport & no Coggins Test. Mr. Schuffler wrote a bad check to the District Justice and was later arrested on a warrant inside the New Holland Sales Stables in January, 2000.
PA Cruelty Law, Title 18, Section 5511(d)
Selling or using disabled horse.--A person commits a summary offense if he offers for sale or sells any horse, which by reason of debility, disease or lameness, or for other cause, could not be worked or used without violating the laws against cruelty to animals, or leads, rides, drives or transports any such horse for any purpose, except that of conveying the horse to the nearest available appropriate facility for its humane keeping or destruction or for medical or surgical treatment.
Agents for the Humane Society of Lackawanna County prevented the transport of two disabled horses from Clarks Summit, PA to a horse auction in Unadilla, NY.
The horses were to be sold to settle an estate. The humane agents were able to prove to the judge that transporting a disabled horse to an auction in NY, was in violation on the PA Cruelty law. An auction is not the,
" nearest available appropriate facility for its humane keeping or destruction or for medical or surgical treatment."
Transporting disabled horses in PA to a horse auction to be sold to a "killer buyer" is not the "nearest available appropriate facility for its humane keeping or destruction or for medical or surgical treatment."
The horse slaughterhouses are between 500 and over 1500 miles away from PA. By no stretch of the imagination can 500 miles be defined as the "nearest".
Reportedly the vet in this case recommended that the horses be euthanised, but that they could be transported to the sale.
If it is cruel to lead, ride or drive the animal, it is illegal to transport, except,
"nearest available appropriate facility for its humane keeping or destruction or for medical or surgical treatment."
It is not vet's job to determine whether or not the law is being broken. The vet's job, as a licensed medical expert is to diagnose and treat, not investigate a crime. Law enforcement agents are the people who investigate a possible violation. Very few veterinarians know and understand the PA Cruelty law. The EPN recommends that people print out their state's cruelty law as it applies to horses and provide their vet with a copy. Also, the location of the 4 horse slaughterhouses in the US, and the 4 in Canada.
PA Cruelty Law, Title 18, Section 5511(d)
Selling or using disabled horse.--A person commits a summary offense if he offers for sale or sells any horse, which by reason of debility, disease or lameness, or for other cause, could not be worked or used without violating the laws against cruelty to animals, or leads, rides,drives or transports any such horse for any purpose, except that of conveying the horse to the nearest available appropriate facility for its humane keeping or destruction or for medical or surgical treatment.
Dr. David Newcomber, East Petersburg, PA was charged by Helping Hands For Animals with failure to provide shelter to 2 horses during a period in January 2000 in which Lancaster newspapers recorded the lowest temperatures, including wind chill, since 1997. On February 29, 2000, District Justice David Brian offered Dr. Newcomber a plea agreement: charges would be dropped if the defendant would donate court costs to Helping Hands For Animals, and erect a shelter for the 2 horses.
The PA Cruelty Law requires that horses have shelter. Title 18, Section 5511(c)
District Justice Brenda Knepper charged Tammy Small with 12 counts of cruelty to animals for failure to provide food, water and necessary vet care for 12 horses. Humane agents had previously warned Ms. Small of the violations.
Fines levied were in excess of $2000.00, in addition to $2250.00 restitution for housing the horses. The horses were turned over to the PA Humane Society of Centre Hall. It is believed all 12 will survive.
Reports are that a humane agent from the PA SPCA will be present at the monthly Middleburg PA horse auction, held the last Saturday of each month at 11 AM. According to reports, the humane agent is there to identify horses that if sold or transported, would violate the PA Cruelty law.
The EPN would hope that the agent would also open an investigation into any horses that are neglected, injured or sick. In the past, the PA SPCA has incorrectly used the criteria that if a horse is bearing weight on all 4 legs, the horse can be sold. That is NOT what the PA Cruelty law states, nor is it the criteria that veterinarians use to diagnose disease, debility and lameness.
For more information on the PA SPCA's position on the PA Cruelty law, refer to Realted Stories at the bottom of this page.
The EPN is urging concerned horsemen to contact the PA SPCA and request that their agents correctly interpret the law, and not use the criteria of "bearing weight on all 4 legs." Phone number is on the above webpage.
Concerned horsemen NEED to attend this sale, and report any horse that is no condition to be RIDDEN, DRIVEN, or LED. If the horse cannot be worked, then the horse cannot be sold, or transported,
"except that of conveying the horse to the nearest available appropriate facility for its humane keeping or destruction or for medical or surgical treatment."
If a horse is brought to the sale in a debilitated condition, or is lame, sick or injured, then an investigation needs to be opened. The person(s) responsible for the horse's condition need to held responsible.
Emaciated horses, sick horses, severely foundered horses, colicing horses, horses with EPM, and horses with broken bones, ALL bear weight on four legs. If a horse is head bobbing lame at the walk, this is NOT a gray area. If the average person sitting in their living room can see that this horse is a walking skeleton, this is NOT a gray area. Then the owner has the option, treat the horse, euthanise the horse, or send it to the NEAREST (emphasis added) available appropriate facility for its humane keeping or destruction or for medical or surgical treatment."
Auctions do NOT qualify. Nor do slaughterhouses that are 500 - 1500 miles away. Concerned horsemen need to monitor the actions of the PA SPCA when it comes to the enforcement of the PA Cruelty law as it applies to horses.
The EPN appreciates the efforts by the Middleburg Livestock Auction to ensure that their sale is in compliance with the PA Cruelty Law.
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