River Rouge and Montcalm Animal Control Shelters - Are They Complying with AVMA Euthanasia Guidelines?
Written by: Justine DePalma
Published on May 5, 2008

Michigan animal shelters are supposed to be regulated by the Michigan Department of Agriculture (MDA). At least, that is what state statutes provide.  Statutes also mandate that the MDA is responsible for licensing and inspection of animal research dealers and research institutions located in the state of Michigan.  MDA is not performing either function.

Questions and Answers

On April 15^th, I attempted to interview Dr. Michelle Finateri, the MDA veterinarian in charge of the animal shelter operation.  I was quickly cut off and told by Dr. Finateri that she was not allowed to do interviews that a press officer would contact me.  Bridget Patrick sent an email and let me know that no one would speak to me, but instead I must submit my questions via email.  Therefore, I did.  I was trying to find out under how it is legal for Class B Dealer, James Woudenberg to kill shelter animals using CO2.  There must be regulations, certification or some law that allows a person not employed by the county to do this important function.  In addition, I wanted to know whether it was legal to kill animals in Michigan shelters by gassing them with CO2.  Judge for yourself whether I am any closer to an answer.

State Veterinarian Steven Halstead provided answers on April 15, 2008:

Q. Justine DePalma:  Third, What are the requirements for shelter euthanasia under Michigan law? Who is legally allowed to euthanize shelter animals and what licenses or training must they have?

A. MDA:  The Michiga Department of Community Health licenses and regulates the use of sodium pentobarbital for euthanasia.  Under the Michigan Public Health Code (Act 368 of 1978, as amended), individuals at a shelter or Class B Dealers must have received a minimum of eight hours of training by a licensed veterinarian inthe use of sodium pentobarbital to practice euthanasia.  Under R 338.3139 "Training of the individual shall be under the instruction of a doctor of veterinary medicine currently licensed in the state.  The training shall include both lecture and self study instruction and clinical experience.  At a minimum, the individual shall demonstrate competency to give inter-cardial, intraperitoneal, and intravenous injections, in addition to making a positive determination of death."  I would advise you to contact the Michigan Department of Community Health for more information on euthanasia training with sodium pentobarbital.

Under Regulation 151, Rule 1(e), euthanasia must be "humane".  The department recognizes the American Veterinary Medical Association (AVMA) Guidelines on Euthanasia as the current standards on humane euthanasia.  During inspections of licensed facilities, MDA veterinarians confirm that shelters are following AVMA standards for euthanasia. 

Ok, if the shelter is using a method of euthanasia other than sodium pentobarbital, we have to look at the AVMA Guidelines on Euthanasia to determine whether a particular method of euthanasia is legal in Michigan.  We know that Montcalm County Animal Control uses CO2 to kill animals, so it follows that the AVMA guidelines on CO2 gassing apply.  Those Guidelines state that CO2 is only recommended for small dogs and cats.  It is not to recommended for nursing kittens, puppies, pregnant animals, and many types of wildlife, large and medium sized dogs.  Since Montcalm Animal Control uses CO2 on every animal, it clearly is in violation of AVMA recommendations.  So I wrote a new set of questions and submitted those questions to Bridget Patrick on April 23^rd and finally received answers on Friday May 2d.

Q. Justine DePalma:  Montcalm Animal Control Shelter gasses all animals, dogs, cats, puppies and kittens using CO2 in a barrel.  The "euthanasia" is performed by Class B Dealer James Woudenberg.  Since AVMA recommended euthanasia method is CO2 for small dogs and cats, not medium or large dogs, why does the MDA allow Montcalm to employ non-recommended euthanasia techniques for medium and large dogs?

A. MDA:  MDA stopped regulating Class B Dealers in 1991.  Federal laws regarding Class B Dealers are more strict; therefore, MDA relies on USDA to regulate Class B Dealers.  Federal law requires Class B Dealers to perform euthanasia humanely.  Concerns about euthanasia practices by Class B Dealers should be directed to the USDA, Animal Care in North Carolina:  (919) 855-7100..

Well this is a non-answer.  The Michigan Department of Agriculture, not the USDA, regulates Montcalm County Animal Control.  However, I already knew that the USDA considers CO2 gassing of medium and large dogs to be illegal. For example, if USDA Class B Dealer buys a large dog from a shelter and takes back to the dealer’s kennel, the dealer could not legally kill that dog using CO2 gas.  But the animals being killed by Woudenberg at Montcalm County Animal Control are not USDA animals, they are Montcalm County animals.  The USDA will not interfere with the county or state since it is their opinion that the gassing at the shelter is not being done through Woudenberg’s USDA Class B Research Dealer license. 

Therefore, dogs, cats, puppies and kittens are suffering because of bureaucratic b.s.

Another Effort at Getting Answers

At this point, the answers provided by Dr. Halstead lead me to believe that “euthanasia” by any method other than sodium pentobarbital is unregulated in the state of Michigan.  After speaking to the River Rouge animal control officer, Ernest Bowling, I found out the River Rouge Animal Control is also in violation of AVMA Euthanasia Guidelines.  It kills all animals by CO2.  Since the State Veterinarian obviously is not willing to answer questions about the legality of CO2 euthanasia and since there are shelters throughout the state of Michigan in violation of the AVMA protocols, I filed a complaint with the MDA.   

To Whom it May Concern:

According to the MDA, the AVMA protocols on euthanasia apply in Michigan.  To my knowledge, the following shelters do not comply with the AVMA protocols - Montcalm Animal Control Shelter and River Rouge Animal Control Shelter. 

Specifically both shelters use co2 barrels to "euthanize" all animals.  Pursuant to the AVMA, CO2 may be used only on small dogs and cats, not medium nor large dogs. Both shelters euthanize large dogs, medium dogs, small kittens (not recommended).  Since AVMA applies in Michigan there can be no doubt both shelters and probably others are in violation of state law.  

I look forward to your investigation.

Justine DePalma
Editor
www.michanimalnews.com

The MDA has not responded. 

Of course www.michanimalnews.com will continue to follow developments.  Consider subscribing, the low rate of only $10 for 2 years.  We will email articles and blog posts as soon as they are published.  Your subscriptions keep us on the web.