From Topeka-Capital Journal - Kansas 11/01/2000

Former Kansas dog breeders face charges in new operation
Holton facility closed after PETA investigation, 'Dateline' episode.

By ANDREA ALBRIGHT
The Capital-Journal - by Andrea Albright

CAMP VERDE, Ariz. -- The U.S. Department of Agriculture on Monday charged former owners of a Jackson County, Kan., dog kennel with running an unlicensed breeding operation in Arizona in violation of numerous regulations mandated by the Animal Welfare Act.

According to information provided by the Animal and Plant Health Inspection Service, Bill and Amy Nielsen have resurrected their Nielsen Farms in Camp Verde, Ariz., a town of just more than 6,000 residents located in the mountains between Flagstaff and Phoenix.

W. Ron DeHaven, deputy administrator for animal care with APHIS, said it was the second time this year that the Nielsens had been charged by the USDA. In February, Nielsen Farms near Holton was found in violation after USDA animal inspectors found numerous infractions during a 2 1/2 year period.

"In addition to another case we currently have open, the Nielsens have been under investigation in their Arizona location for quite some time," DeHaven said. "And now, we have enough evidence of illegal activity and inadequate care for the animals in Arizona that we are ready to go to court."

The Nielsens were charged most recently with 11 violations of the Animal Welfare Act, including failure to provide dogs in outdoor housing with protection from the elements, failure to clean the dogs' primary enclosures and failure to maintain structurally sound enclosures for the dogs.

In February, the Nielsen's business in Holton, which they closed in October 1999, was cited for 20 violations, including similar discoveries of unclean, unsafe facilities. The Nielsons had said upon closing the business they operated since 1995 that they planned to retire.

The Nielsens couldn't be reached Tuesday because they have an unlisted phone number in Arizona. Amy Nielsen, however, did speak out in October 1999 after an undercover agent from People for the Ethical Treatment of Animals turned over hundreds of photographs taken at the kennel to the American Kennel Club and "Dateline NBC."

The agent, who was hired in May 1999, took the photos while employed by the kennel. Nielsen said at that time that she had been set up unfairly by PETA and that the photographs were an inaccurate picture of her operation.

"That's what they're famous for -- they set you up," Nielsen said last year. "We did not have a filthy kennel."

Laura Sanchez, spokeswoman for APHIS, said that no dogs had been removed from the Nielsen farm and the kennel hadn't been shut down.

"The Animal Welfare Act is an administrative law, so for us to shut them down on inspection, we have to find a certain level of suffering that is unrelieved," Sanchez said. "We can't shut them down until they've had a chance at a hearing."

Sanchez said the Nielsens would have 30 days to answer the USDA complaint and then they could either request a hearing or settle with the agency. If they are found guilty of the violations, Sanchez said, the Nielsens could face up to $2,750 in fines for each count under each charge. The number of counts would depend on the number of dogs harmed, Sanchez said.

They also could permanently lose their ability to be licensed for operating a kennel.

 

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