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NBotW Update: Westminster Livestock Auction Operator Signs Consent Agreement

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Remember when we told you that the Humane Society of the United States found downer cows at auctions in Maryland, New Mexico, Pennsylvania and Texas?

And then we told you that the Westminster Livestock Auction Market owner, James Horak, was charged with four counts of violating State Animal Health regulations?

Yesterday, the Maryland Department of Agriculture Secretary Roger Richardson said in response to those charges, Horak signed a consent agreement regarding violations of the Maryland Animal Health law at the auction on April 22 and 23.

“A very deliberate investigation has revealed that a ‘downer’ cow was not treated in a humane manner and the market was not prepared to handle downer animals that night,” said Agriculture Secretary Roger Richardson. “Under the terms of the consent agreement, Mr. Horak, while not admitting guilt, is not contesting the charges filed against him and has agreed to a number of actions to assure that animals in his custody will be treated humanely and in accordance with State law. Even before signing the agreement, Mr. Horak already had instituted a number of these actions.”

Under the terms of the agreement, Horak’s license was suspended for two weeks, which was stayed, and he is on probation for nine months and must do the following:

Obey all laws and regulations governing the sale of livestock in this State;

Humanely treat all animals in his custody as a licensed market operator;

Have immediately available for use at the market facility equipment and vehicles necessary for the proper handling, moving, and euthanizing of down livestock;

Provide training, approved by MDA, to market personnel specifically addressing the humane treatment of livestock at market facilities;

Have at least one trained market personnel on-site on market day, from the time that the market operator allows livestock to enter the facility’s premises for sale, and until the market closes;

Notify the inspector within 15 minutes if an animal becomes a downer when an MDA Animal Health Inspector is on-site, or within 15 minutes of the inspector’s arrival, and if an MDA Animal Health Inspector is not available, he shall notify the Office of the State Veterinarian by 11:00 a.m., the next business day;

and Stop animal traffic in the immediate area where an animal goes down if trafficked with other livestock until (i) portable corrals are in-place around the downer, or (ii) the animal is either humanely moved from the area or euthanized.

In the past year, MDA has worked to strengthen its laws and regulations. House Bill 227, proposed by MDA and passed by the 2008 General Assembly, gives the Secretary of Agriculture the authority to issue administrative fines of up to $10,000 in cases where these laws and regulations are broken. This law goes into effect on Oct. 1, 2008. In addition, MDA is currently reviewing its livestock market and dealer regulations to determine what actions are needed to strengthen them.

In response to the Westminster Livestock Auction Market situation, MDA has reviewed and revised its protocols for inspectors at livestock auctions to report and track downed animals; officially inform the livestock auction management of action that must be taken; and follow up the day after a sale to make sure that the appropriate disposition of any downed animals has taken place.

(Photo courtesy of stockxchng.com)

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A native of Vietnam, Dan Thanh Dang has lived in Maryland most of her life and has been a Baltimore Sun reporter since 1990. She's written about everything from mayoral elections and murder to energy prices and online dating. These days, she writes about a topic she's all too familiar with, spending money -- how to save more of it, blow all of it, use it wisely and avoid getting ripped off in the process.
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