Indiana farm exhibitor who violated AWA plans to reopen without exotic animals
By Christine Won
An Indiana farm exhibitor and dog breeder accused of Animal Welfare Act (AWA) violations has agreed to not seek a U.S. Department of Agriculture (USDA) license for two years, according to federal documents.
Prosecutors alleged Vernon D. Miller, owner of Dutch Creek Farm Animal Park in Shipshewana, Indiana, violated the AWA in failing to provide adequate veterinary care, among other things from “sanitary housing, food, and water conditions” to “safe and hospitable housing and living conditions,” as well as exposing “animals to psychologically distressing conditions,” according to a consent decree filed January 27 in the U.S. District Court for the Northern District of Indiana.
According to the decree, Miller has “agreed to not apply for or engage in any activity” that requires a USDA license for two years and to comply with AWA regulations if licensed again in the future.
The consent decree terminated Miller's class "C" license, effective January 24. The court-approved settlement agreement comes after a temporary restraining order expired in December.
A search of his license on the USDA Animal and Plant Health Inspection Service (APHIS) database details various noncompliant items in recent years, including lack of proper identification, and medical records and exercise plans for dogs as required for breeders.
Miller, in a statement through his attorney, argued the USDA unfairly targeted his Amish farm.
"We have reason to believe this increased government activity on Miller’s property was at the behest of animal rights activists universally opposed to private animal ownership," the statement said.
Miller was cited for at least 90 AWA violations during 2023-24, "the highest number of citations for any USDA-licensed facility during that time period," according to the DOJ press release. Those violations affected more than 300 animals at his public exhibit farm, which included dogs he bred for sale, deer, zebra, primates, and exotic birds.
Due to unsanitary conditions, such as food dishes coated in mold and lack of proper veterinary care, prosecutors alleged at least seven animals died in the months prior to the complaint filed in October.
A 99-page exhibit to the inspection report includes descriptions and pictures of poor conditions and insufficient shelters for animals, often too crowded and in various states of disrepair with dirty feeding tubes, water receptacles with "green organic material" growing inside, and sharp wires and metals sticking out.
However, Alabama-based defense attorney William White II noted the farm's general history of compliance since 2014. Between 2014 and 2022, records show six "non-critical" items.
The five-year consent decree includes, among other requirements, allowing USDA inspectors limited access to the facility if it is open to the public.
But Miller in his statement said he is "understandably no longer interested in subjecting his family to being regulated by the USDA," adding, now that he has sold his exotics, he no longer needs a USDA license “to share his family’s Amish farm with the public." However, state and local laws would still apply.
The park is slated to reopen to the public on May 1, according to his statement.
A company representative said the farm will continue “in-person” sales of dogs when it reopens. Under AWA, a USDA license is required for animal breeding beyond specific exemptions cited, including for "hobby dealers," defined as "small-scale" breeders and dealers with gross sales under $500 per year, among other conditions.
This case comes after APHIS, the U.S. Department of Justice’s (DOJ) Environment and Natural Resources Division, and the USDA Office of the General Counsel reached a memorandum of understanding on civil judicial enforcement of the AWA took effect in April 2024.
“USDA is committed to ensuring the safety and wellbeing of animals protected under the Animal Welfare Act,” said Deputy Administrator Sarah Helming for USDA’s Animal Care program in the press release. “The partnership between USDA and DOJ helps to ensure enforcement of the AWA regulations for those who put regulated animals at risk.”