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WISCONSIN PUPPY MILL PROJECT

2009 WI Act 90 Administrative Rules Process:

Dog Sellers Advisory Committee Meetings: Standards of Care, Certificates of Veterinary Inspection (CVI's), and Age of Transfer

Information and documents courtesy of the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP)

Chica was a puppy mill breeder dog.
Please click on any photo for larger version and caption.

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Underneath all that hair is a poodle!       Several meetings of the Dog Sellers Advisory Committee were held in May and June to discuss Standards of Care, Certificates of Veterinary Inspection (CVI), and Age of Transfer for puppies. After studying Standards of Care Examples from Other States, the DSAC went on to decide what they thought would work in Wisconsin.

       Below, you will find an outline of specifics that were discussed, and recommendations that were made by the Committee.

 

 pawprint bullet point   Certificate of Veterinary Inspection   pawprint bullet point   Age of Transfer   pawprint bullet point

 pawprint bullet point   Act 90, 173.41(10) Standards of Care   pawprint bullet point   Food and Water   pawprint bullet point   Care for Animal Health and Vet. Care   pawprint bullet point

 pawprint bullet point   Indoor Enclosures   pawprint bullet point   Outdoor Enclosures   pawprint bullet point   Runs and Exercise Areas   pawprint bullet point

 pawprint bullet point   Dog Grouping and Separation   pawprint bullet point   Behavior and Socialization   pawprint bullet point   Transportation   pawprint bullet point


 

Tiny blue paw print bullet point   Certificate of Veterinary Inspection

Max the Boxer tested positive for brucellosis.ACT 190:   (8) HEALTH REQUIREMENTS FOR SELLING DOGS. (a) No person who is required to be licensed under sub. (2) may sell a dog without providing all of the following to the purchaser:

1. A certificate of veterinary inspection from a licensed veterinarian stating that the veterinarian has examined the dog and found that it has no signs of infectious or contagious diseases as of the date of the examination.

2. A copy of all vaccination records for the dog showing the date the vaccine was administered and the name of the person who administered the vaccine.

(b) No person who is required to be licensed under sub. (2) may sell at auction a dog that is not spayed or neutered without providing written proof that the dog has tested negative for brucellosis using a test approved by the department that was conducted no more than 30 days before the day of sale.

RECOMMENDATIONS:

Information Included on CVI:

  • Name and address of seller
  • Ability for a veterinarian to recertify a CVI without needing new form
  • Place to note disease and other findings on the form itself.
  • Examine the ability to re-consign a dog on the CVI. (see large animal CVI)
  • The number, breed, sex (include spay/neutered/intact information) and age of the animal(s) included in the shipment.
  • Statement on general health of the animal(s) based on brief exam:
    • “I certify as a veterinarian, accredited and certified by the State of Wisconsin, that the described animal(s) have been inspected by me and that they are not showing any sign of infectious, contagious and/or communicable disease (except where noted). The vaccinations and results of tests are as indicated on this certificate. No warranty is made or implied.

Information NOT Included on CVI:

  • IThe name and address of the person receiving the animal(s).
  • A statement indicating if the dog was born in the person’s possession or the name and address of the person from whom the dog was acquired.

Attachments:

  • Record of the exam findings – could be a print out from the veterinarian. (not about infectious contagious disease, but about something like a heart murmur)
  • List of vaccinations – include manufacturer and serial number.

Distribution:

  • Three copies: one to buyer, one to seller, one for the veterinarian.

Duration:

A dog that is being resold prior to the expiration of the original CVI, does not need to get a new CVI.

Health certificates under CFR are good for 30 days from the date of the exam. The group would like to see if we could have a CVI for purposes of act 90 be valid for movement for 60 days post exam. (Discussion points: The statute does not say the CVI that accompanies the animal needs to be a valid, non expired CVI. The statute just says a CVI must accompany the animal.) Question for legal, could this be done?

Answer from Cheryl Furstace Daniels, Assistant Legal Counsel, Wisconsin Department of Agriculture, Trade and Consumer Protection and Livestock Facility Siting Review Board :

  1. The CVI is necessary when the dog is sold. A transfer between facilities is not a sale because the dog or dogs moved will ultimately be put up for adoption or sale. This makes sense because this legislation has as its goals both dog health and safety and consumer protection in purchasing or adopting a dog. The time that the CVI is necessary is when that purchase is made.

  2. 2. When reading statutes, the use of a term like CVI assumes that it is valid (legal) so implicitedly it must be current (not expired.)

On-line CVI:

  • Could be just a place to down load blank forms; benefits are that there would be no need for a carbon copy, simply make multiple copies as carbons are hard to read.
  • If thinking to complete on- line there are concerns about security for veterinarians

Required for what type of movement:

“No person who is required to be licensed under sub. (2) may sell a dog without providing all of the following to the purchaser:”

Question is what qualifies as a sale of a dog. Does a transfer of dogs b/t separately licensed dog shelters, without any remuneration being made count as a sale, and is a CVI required. – Question for legal

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Tiny blue paw print bullet point   Age for Transfer of Puppy

Petstore puppyACT 190:   (9) AGE FOR TRANSFER OF PUPPY. A person required to be licensed under sub. (2) may not transfer a dog to a buyer until the dog is 7 weeks of age.

RECOMMENDATIONS:

  • Orphaned dogs under the age of 7 weeks may be legally transferred.
  • Dogs moving with the dam maybe moved under the age of 7 weeks.

Temporary Dog Markets:

Make it clear in rule that licensed facilities must still meet requirements for record keeping, standards of care, movement, etc. when selling at a temporary dog market.

Are one day adoption events such as at pet smart and mounds considered a temporary dog market?

Other issues:

Would be great if there was a consumer hotline they could call with complaints and a place to email complaints regarding facilities.

Sporting associations have some big meetings coming up the end of June. Would really like to see the draft hearing draft prior to that.

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Tiny blue paw print bullet point   Act 90 Standards of Care

Ellie May was confiscated in a cruelty investigation of a commercial breeder.173.41(10) Standards of Care. A person who is required to be licensed under sub. (2) shall do all of the following with respect to each dog kept by the person:

       (a) Provide sufficient food to maintain the dog in good health.

       (b) Provide sufficient water to maintain the dog in good health. If fresh water is not available to the dog at all times, the person shall provide fresh water daily and in sufficient quantity for the health of the dog.

       (c) Ensure that necessary and standard veterinary care is provided in a timely manner

       (d) Ensure that the dog is not kept in an enclosure unless all of the following apply:

  1. The enclosure is of an appropriate size, as determined by the department, based on the size, age, and number of dogs kept in the enclosure and the length of time the dog is kept in the enclosure.
  2. The enclosure is structurally sound and maintained in good repair to protect the dog from injury.
  3. If wire flooring is used, it is coated, is of a sufficient gauge to ensure that it will not cause injury to the dog, and is used only in the manner specified by the department.
  4. The enclosure is maintained in a clean and sanitary condition.

       (e) Ensure that the dog is not kept in an enclosure for a period that the department determines to be excessive, considering the size of the enclosure and any other factors that the department considers relevant.

       (f) Ensure that the dog is kept outdoors only if all of the following apply:

  1. The dog is of a breed or type that is typically kept outdoors.
  2. The dog is acclimated to the outdoors.
  3. The person provides adequate shelter from the sun and inclement weather.

       (g) Ensure that all facilities in which the person keeps the dog have adequate lighting and ventilation and that a proper temperature is maintained for the dog, considering its type or breed.

       (h) Ensure that the dog is provided adequate daily access to exercise, as determined by the department.

       (i) Ensure that the dog is observed every day by the caretaker of the premises at which the person operates or an individual under the direct supervision of the caretaker to monitor the health and temperament of the dog and to provide care to the dog as needed.

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Tiny blue paw print bullet point   Recommendations: Food and Water

  • Woo the Shar Pei cannot open his eyes because of entropian eyelids.Feed at least once a day, unless another schedule needed to provide adequate care for the dog’s health.

  • Daily food quantity and nutrition based on dog’s age, condition, size and weight.

  • Food must be, and kept stored, so as to be wholesome, uncontaminated, and palatable.

  • Food storage containers must be kept clean and free of contaminants.

  • Fresh water available at all times, or as often each day and in sufficient quantity to keep the dog well-hydrated at all times.

  • Daily water must be fluid, potable and uncontaminated.

  • Daily water and food must be provided in a durable container, except that food may be provided in disposable containers if discarded after each use.

  • All food and water containers and utensils – cleaned and sanitized using heat or chemical sanitizing solution as often as needed to maintain sanitary conditions.

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Tiny blue paw print bullet point   Recommendations: Care for Animal Health and Veterinarian Care

  • Lizzie was sold with a terrible case of mastitis.Handling of all dogs should be done as carefully as possible in a manner that does not cause trauma, behavioral stress, physical harm or unnecessary discomfort.

  • Dogs given body, mobility and behavior checks by the animal caretaker in charge, or by someone under the caretaker's direct supervision, on a daily basis.

  • Keep a dog suspected of or having a communicable disease physically separated from other susceptible animals.

  • Dogs shall be groomed to prevent abnormal matted hair and overgrown nails, and so that they have freedom of movement and can perform normal bodily functions.

  • A dog shall be examined by a veterinarian at least as needed to ensure care of the dog’s health. During the examination, the veterinarian shall use appropriate methods to prevent, control, diagnose and treat diseases and injuries.

  • The licensee shall follow recommendations of the attending veterinarian.

  • Sick, diseased or injured dogs shall be provided with timely veterinary care or euthanized in a legal and humane manner.

  • The Department may issue a written notice requiring that a dog be examined by a licensed doctor of veterinary medicine within a maximum of 72 hours if: a) The Department employee personally observes the condition of the dog in the course of an inspection of any place at which a dog is kept; and b) The dog exhibits signs of illness, injury or neglect.

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Tiny blue paw print bullet point   Recommendations: Indoor Enclosure

What did I do to deserve this? this mama dachshund seemed to be asking.1. Primary with separate run or exercise area:

  • May be in resting and sleeping enclosure for up to 4 hours at a time, followed by 15 minutes or more time outside the enclosure to maintain a dog’s healthy body condition.

  • May have the dog in the resting and sleeping enclosure for 2 4-hour blocks, followed by 30 minutes or more time outside the enclosure.

  • Resting and sleeping enclosure size has enough room for entire length of dog’s head and body, tall enough for dog to stand normally and comfortably, and large enough for dog to turn around and lie down.

  • Total time outside of resting and sleeping enclosure for each dog must be at least 60 minutes a day.

2. Primary without separate run or exercise area:

  • Specified individual enclosure size based on dog’s size for sleeping, resting and exercising

  • Specified group enclosure size also based on number and temperament of dogs

3. Whelping

  • Dam must be able to lie down stretched out for all puppies to nurse

  • Must also be large enough for puppy number and temperament

  • Provide a place for dog to be away from puppies.

  • Whelping enclosure must have a solid floor and be of an appropriate type for the breed.

4. Nursery

  • From weaning to age 4 months

  • Large enough to accommodate all puppies allowing them to turn around, stand up, lie down, exercise normal postural movements, and to encourage socialization and exercise.

5. Indoor Runs or Exercise Areas

  • Floor may be metal wire strand if vinyl coated, the wire is of a gauge adequate to prevent sagging under the weight of the animal or injury to the animal's feet, and the mesh is small enough to prevent the animal's feet from passing through.

  • No indoor dirt floor that has contact with a dog.

  • All surfaces must keep water off a dog and can be cleaned and sanitized.

  • Constructed and maintained to prevent injury to dogs.

  • Constructed and maintained to enable the dogs to remain dry and clean.

  • Stacking of primary enclosures may only be used if the licensee can assure safe dog handling, with adequate ventilation and temperature control, cleaning and sanitation. Any stacked primary enclosure must be constructed and maintained to be stable when a dog is present in each enclosure and prevent excreta, urine, dirt and debris from falling on any dog in lower stack. Stacking must not impede facility inspection.

6. Facility Lighting, Temperature and Ventilation

  • Well distributed natural or artificial light for proper care and maintenance of dog, and to facilitate proper cleaning & sanitizing and inspection. A diurnal lighting cycle shall be provided.

  • Heating and cooling consistent with a dog’s breed and that breed’s ability to acclimate to temperature variation.

  • Protect any dog from cold, heat or humidity that may be injurious to health.

  • Ventilate fresh or filtered air in indoor enclosures for the health and comfort of dogs and to minimize odors, drafts, ammonia levels and to prevent the condensation of moisture.

  • Provide the exchange of air from animal area to the outside.

7. Facility Cleaning and Sanitation

  • Cleaning of enclosure must be without the dog inside.

  • Dog should be returned only when enclosure is dry.

  • Daily removal of excreta, or more often as necessary for the health and comfort of dog.

  • Clean and properly rinse, with detergent and a sanitizer, as often as necessary to be free of accumulated dirt, debris and disease hazards

  • Clean primary enclosures between occupations by different dogs

  • Maintain clean dry bedding.

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Tiny blue paw print bullet point   Recommendations: Outdoor Enclosure

These pups were living in an outdoor pen in the dead of winter.1. Primary enclosure:

  • Dog is of a breed that can tolerate outdoor temperature variation for the location.

  • Dog is of an age, health and physical condition that can tolerate outdoor temperature variation for the location.

  • Dog is acclimated to the outdoor temperature variation for the location.

  • Must provide a shaded area that can protect all dogs in enclosure from direct sun rays without crowding

  • Must provide a dog shelter of a size for all dogs in the enclosure to use the shelter and not be unduly crowded

  • Must be constructed and maintained to prevent a dog from escaping.

2. Dog shelter:

  • The shelter must be made of a durable material and have a flat solid floor.

  • Constructed and maintained to prevent injury.

  • Constructed and maintained so as to allow the dog to retain enough body heat for the dog’s health and comfort.

  • Constructed and maintained to enable the dogs to remain dry and clean.

  • Constructed and maintained to allow dog to shelter from predators.

  • Shelter must have four sides, roof and a floor.

  • A wind break must be provided.

3. Tethering:

  • Must be tethered so the dog can reach and lie down in a dog shelter

  • Dog may not be pregnant or nursing

  • The tether cannot be able to become tangled with any object.

  • The tether has a swivel.

  • The tether is 6 feet long and a sufficient length for the size of the dog.

  • The tether must be attached to the dog by means of a non-tightening collar or harness, of a sufficient size for the size of the dog.

4. Outdoor Aninal Care:

  • Daily removal and proper disposal of excreta

  • Insure control of pests and parasites to maintain dog health and comfort.

  • Maintain clean dry bedding.

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Tiny blue paw print bullet point   Recommendations: Runs and Exercise Areas

  • Dogs of all kinds living together in a hoarder situation.Specified size based upon dog size, temperament and number of dogs.

  • Must give each dog the opportunity to achieve a running stride in at least one run or exercise area that the dog is in each day.

  • Repetitive solitary physical activity, restrictive of other activities and not goal-oriented, shall not be permitted.

  • Outside runs and exercise areas do not need dog shelters but must have shaded area of a size directly proportional to the size of the dog to be shaded.

  • Turn out pens, paddocks, extra large exercise areas, or open fields for supervised training or exercise do not need dog shelters or shade.

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Tiny blue paw print bullet point   Recommendations: Dog Grouping and Separation

  • Cheyenne the Akita has a very scarred nose.Dogs housed together in the same primary enclosure shall be maintained in compatible groups.

  • Females in season (estrus) shall not be kept in the same primary enclosure, run, or exercise areas with males, except for breeding purposes.

  • Any dog exhibiting an aggressive behavior shall be housed individually in a primary enclosure, run, or exercise area.

  • Puppies under the age of 4 months shall not be housed in the same primary enclosure, run, or exercise area with adult dogs other than their dam or foster dam, unless under direct supervision.

  • Any bitch in whelp will be housed individually in a primary enclosure, pen, or exercise area a minimum of one week prior to the whelping date.

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Tiny blue paw print bullet point   Recommendations: Behavior and Socialization

  • Lazarus is terrified of people, ignores food, goodies, and toys, and tries to make himself invisible when anyone approaches.The licensee will have a written plan on file for meeting behavior and socialization requirements.

  • No dog will be housed for extended periods of time in a manner devoid of any enrichment, activity or social contact.

  • Dogs will be provided full-body physical contact with other compatible dogs daily, except for needs which are documented.

  • Dogs will be provided with daily positive human contact and socialization, beyond feeding time.

  • Dogs will be provided some form of effective inanimate enrichment in their primary enclosure where appropriate and is designed so as to prevent harm.

  • Dogs housed singly will be provided visual enrichment daily, except for needs which are documented.

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Tiny blue paw print bullet point   Recommendations: Transportation

1. Enclosure:

  • Dogs being loaded into a puppy miller's van after a dog auction.Secured, water resistant, well constructed of cleanable material, and designed to protect the health and ensure the safety of the animals.

  • Have ventilation to ensure the comfort and health of the dogs at all times.

  • Constructed or positioned in the vehicle in such a manner that:

    • Each animal in the vehicle has access to sufficient air for normal breathing.

    • The openings of such enclosures are accessible at all times for emergency removal of the animals.

    • The animals are afforded protection from the elements.

    • The animal areas of the vehicle shall be heated or cooled when necessary to prevent hypothermia or hyperthermia of the dogs being transported.

  • Large enough to ensure that each animal contained therein has sufficient space to turn, stand, and lie down.

  • Animals which are not conditioned to each other may not be transported in the same primary enclosure.

  • Animals shall not be placed in enclosures over other animals in transit unless such enclosure is fitted with a floor of a material which prevents animal excreta from entering lower enclosures.

  • Shall be cleaned and sanitized between trips, or more often if necessary

2. Health and Comfort:

  • Dogs shall be visually inspected every 4 hours.

  • Dogs shall be removed from the vehicle while in active transport a minimum of every 12 hours and allowed to urinate, defecate, and obtain exercise.

  • Food and water shall be provided consistent with other requirements of this rule.

  • Grouping and separation shall be provided consistent with other requirements of this rule.

  • Dogs shall be removed from the vehicle immediately upon arrival at any destination stopping point.

3. Vehicles:

  • Shall be equipped to provide fresh or filtered air to all animals being transported without injurious drafts

  • The animal cargo space shall be so constructed and maintained as to minimize the ingress of exhaust from the vehicle's engine.

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 pawprint bullet point   Dog Sellers Standards of Care (pdf)   pawprint bullet point   Certificate of Veterinarian Inspection (CVI) & Age of Transfer (pdf)   pawprint bullet point

 pawprint bullet point   Standards of Care Examples from Other States   pawprint bullet point

 pawprint bullet point   2009 WISCONSIN ACT 90 (pdf)   pawprint bullet point   2009 WI 90 Administrative Rules Process Overview   pawprint bullet point

 pawprint bullet point   2009 WI Act 90 Administrative Rules Process: How It Works   pawprint bullet point

 pawprint bullet point   21 April 10 DSAC Meeting Recommendations   pawprint bullet point   Printer-friendly version (pdf)   pawprint bullet point

 pawprint bullet point   MEMO: Dog Foster Licensing under s. 173.41   pawprint bullet point   Printer-friendly version (pdf)   pawprint bullet point

 pawprint bullet point   MEMO: Co-ownership of Dogs and Licensing Under s. 173.41 (pdf)   pawprint bullet point   Printer-friendly version (pdf)   pawprint bullet point

 
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