Section 16.04. Persons exempt from licensing.

  The following persons are exempt from licensing under s. ATCP 16.02 (1) , to the extent that they are engaged only in the following activities:

(1)   Veterinarian. A veterinarian who keeps dogs for the purpose of providing care or treatment in the normal course of veterinary practice, within the scope of the veterinarian's license under ch. 89 , Stats.

(2)   Person conducting one-time sale of his or her dogs. A person who sells his or her dogs at a one-time liquidation sale if all of the following apply:

(a) The person notifies the department of the proposed liquidation sale at least 30 days prior to the start of the sale. The notice shall identify the number of dogs that the person will offer for sale, the location at which the person keeps those dogs, and the starting date of the sale.

(b) The person, at the start of the liquidation sale and throughout the sale, offers to sell all of the dogs that the person owns and keeps at the location identified under par. (a) .

(c) The person owns and keeps, at the location identified under par. (a) , no more than 30 dogs at the start of the liquidation sale or at any time during the liquidation sale.

(d) The person does not move any other dogs to the location identified under par. (a) during the liquidation sale.

(e) The person does not permit other persons to sell their dogs from the location identified under par. (a) during the liquidation sale.

(f) The person was not licensed under s. ATCP 16.02 (1) during the preceding license year, and did not conduct a sale under this subsection during the preceding license year.

(3)   Operator of temporary dog market. The operator of a temporary dog market if the operator does all of the following:

(a) Gives the department written notice of the temporary dog market, at least 10 days prior to the start of the market. The notice shall include the location of the market, the beginning and ending dates of the market, and the approximate number of sellers who may bring dogs to the market.

(b) Provides adequate facilities for, and takes reasonable steps to ensure, humane treatment of all dogs kept at the market.

(c) Arranges for a Wisconsin certified veterinarian to examine all dogs kept at the market on each day of market operations, if the market operates for 2 or more consecutive days.

(d) Obtains all of the following information from each person who brings one or more dogs to the market, before the dogs enter the market premises:

1. The person's name and address.

2. The number of the person's license under s. ATCP 16.02 (1) , if any.

3. The number of dogs that the person brings to the market.

4. A description of each dog that the person brings to the market, including the dog's breed or type, sex, date of birth, or approximate age, color, and any distinctive markings. If the person brings a dog on behalf of another person, or brings a dog that the person has purchased from another person, the description shall indicate that fact and shall include the name and address of that other person.

5. Documentation showing that each dog that the person brings to the market has received a rabies vaccination if required under s. 95.21 (2) , Stats., and, if the dog has been imported into this state, has been imported in compliance with s. ATCP 10.80 .

(e) Keeps the information required under par. (d) for at least 5 years, and makes that information available to the department for inspection and copying upon request.

(f) Allows the department to inspect the temporary dog market during market hours.

CR 10-100 : cr. Register May 2011 No. 665 , eff. 6-1-11; correction in (1) made under s. 13.92 (4) (b) 7. , Stats., Register October 2015 No. 718 .