Agriculture boss unhappy over report in welfare case

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Agriculture boss unhappy over report in welfare case


February 16, 2011

West Virginia's agriculture commissioner has reacted sharply to suggestions a state veterinarian would not allow law enforcement officers on to a property at the centre of a horse welfare investigation.
Authorities have been investigating at a property in Greenbrier County, where the bodies of 28 horses were found.
Local police have charged Grady Whitlock, 83, of Raleigh County, with two counts alleging animal neglect.
The West Virginia Department of Agriculture announced last Thursday it had activated its homeland security incident management team to assess a report of multiple starved horses in Greenbrier County.
Its reason for investigating was the risk of disease from the carcasses.
State agriculture commissioner Gus Douglass says local sheriffs or their designees have sole authority for animal cases under state law.
He said he was unhappy at a weekend media report citing Greenbrier County Sheriff Jim Childers suggesting otherwise.
"The Sunday edition of the Register-Herald newspaper indicated that the state veterinarian would not allow law enforcement on the property to care for the animals, which is 100 per cent false," Douglass said.
"As a result, we have been deluged with angry calls and emails questioning the West Virginia Department of Agriculture's commitment to animal welfare.
"If anyone would care to check, the West Virginia State Code - which is available in its entirety online - allows the commissioner of agriculture to quarantine a property only in cases of communicable animal disease."
Since the carcasses of the animals had been removed over the weekend, the threat of disease was no longer present and the WVDA's authority was no longer valid, he added.
The state code outlines the commissioner of agriculture's authority to enter private property and clearly states that authority may only be exercised in cases of communicable animal disease.
Douglass said: "I fully understand people's emotional reaction to this case and I remain committed to the humane treatment of farm animals, but the department must honour the limited legal authority invested in it by the legislature.
"To do otherwise would be a disservice to every citizen of our state, and I can only hope that people would have an appreciation for that fundamental tenet of our legal system."
 
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