Rule-Making Notices (Hearing Notices)

□   Positioned so that the opening through which dogs enter and exit the enclosure is accessible at all times for emergency removal of dogs from the enclosure.

□   Positioned so that all dogs in the enclosure are protected from the elements.

□   Positioned or protected so that no dog in the enclosure is exposed to excreta falling from above.

□   Secured as necessary to prevent reasonably foreseeable movement that may injure dogs.

Care of dogs during transport.

The following standards apply to dogs that are being transported:

•   Each dog must at all times be protected from hypothermia and hyperthermia. Transportation vehicles must be heated or cooled, if necessary, to comply with this paragraph.

•   Each dog must have sufficient space to turn, stand, and lie down.

•   Each dog must be provided with food and water, according to standards in this rule.

•   Dogs must be separated if incompatible (see grouping and separation standards above).

•   Each dog shall be visually inspected every 4 hours.

•   Each dog must be removed from the transport vehicle at least once every 12 hours, and be allowed to urinate, defecate and exercise.

•   Each dog must be promptly removed from the transport vehicle when the vehicle reaches its destination.

Transport vehicles.

The following standards apply to a transport vehicle that is used to transport dogs:

•   The vehicle must be equipped to provide fresh or filtered air, without injurious drafts, to all dogs that are transported in the vehicle.

•   The dog cargo space must be constructed and maintained to minimize the ingress of exhaust from the vehicle's engine.

Prohibited conduct

No license holder may do any of the following, either directly or through an employee or agent:

•   Prevent or interfere with a DATCP inspection under this chapter, or assault an inspector.

•   Refuse or fail, without just cause, to produce evidence or records requested by DATCP.

•   Misrepresent a dog's breed or pedigree, or move a diseased dog in violation of current law.

•   Knowingly accept dogs from a person who is not properly licensed to supply those dogs (unless the person accepts the dogs to protect them, and promptly reports the acceptance to DATCP).

Variances

In response to a written request, DATCP may grant a written variance from an animal care standard under this rule if DATCP finds that the variance is reasonable and necessary under the circumstances and will not compromise the purpose served by the standard. A variance must be issued in writing, must include DATCP's findings, and must include the specific terms of the variance (including any time limit on the variance). A variance request must include information to show that the variance is justified.

Comparison with federal regulations

Currently, USDA licenses and inspects approximately 49 kennels in Wisconsin that are selling puppies wholesale. USDA establishes minimum facility standards for those licensed facilities.

Comparison with rules in adjacent states

Minnesota:

Minnesota has no comparable licensing program for dog sellers or dog facilities. Proposed legislation failed in the last session, but will likely be reintroduced in the next session.

Illinois:

Illinois licenses and regulates persons that have custody of more than 5 female dogs who breed dogs for sale. Illinois also licenses and regulates pet shops, dog dealers, kennel operators and catteries. Regulations establish minimum standards of care, record keeping requirements, and requirements for dog movement.

Michigan:

Michigan has no comparable licensing program for dog sellers or dog facilities.

Iowa:

Iowa licenses and regulates person that have custody of more than 3 breeding male or female dogs, including boarding kennels, breeders and dealers. Regulations establish minimum standards of care, record keeping requirements, and requirements for dog movement.

Data and analytical methodologies

DATCP consulted with an advisory committee comprised of individuals that will be licensed and regulated under this rule, and veterinarians. DATCP representatives also attended USDA presentations related to humane dog care standards.

Small Business Impact

This rule will affect persons who operate “animal control facilities," “animal shelters" or “dog breeding facilities" in this state, or who operate as “dog breeders," “dog dealers" or “out-of-state dog dealers" in this state. Under 2009 Wis. Act 90, these persons must be annually licensed and must pay annual license fees as provided in this rule (see above). This rule does not, by itself, increase license requirements or fees (beyond the licensing requirements and fees already created by Act 90).

This rule spells out licensing standards for persons who are required to be licensed under this rule, including standards for the care, transportation and sale of dogs. Many of the persons who are subject to licensing under this rule are already meeting the standards under this rule, but others will incur costs to bring their facilities and practices into compliance with this rule.

•   Under Act 90 and this rule, whenever a license holder sells a dog in this state, the dog must be accompanied by a certificate of veterinary inspection (health certificate). The certificate must be issued by a Wisconsin certified veterinarian, on an official form provided by DATCP. The certificate forms cost only $0.60 each (an estimated $44,000 for sellers statewide), but there will be a significant cost for veterinarian services. This could have a significant financial impact on license holders, especially small dog breeders. However, this rule does not add any costs beyond those imposed by Act 90 itself.

•   The facility requirements in this rule are, for the most part, rudimentary. However, some license holders may need to make significant facility upgrades in order to comply with the standards in this rule and ensure a humane level of care.

•   This rule requires license holders to keep inventory, identification and health records related to dogs that they keep or sell. Many of the persons affected by this rule already keep such records, but others do not. This rule may impose additional recordkeeping costs on those who do not. Many of the recordkeeping requirements in this rule are also contained (in more general form) in Act 90, so this rule does not add significantly to the costs already imposed by Act 90.

•   This rule may require some dog sellers to hire additional staff, or hire professional services (especially veterinarian services) to comply with this rule and provide a humane level of care to dogs under their custody or control.

This rule will benefit the dog care and sales industry by establishing basic standards of humane care and fair competition. This rule will also benefit dog buyers by providing greater assurance that dogs are healthy and well-adjusted, and have been humanely treated.

Many of the persons affected by this rule are “small businesses." This rule, like Act 90, exempts animal shelters that keep no more than 25 dogs per year. It also exempts dog breeders and dog dealers who sell no more than 25 dogs a year from no more than 3 litters. But neither Act 90 nor this rule make other significant exemptions for “small business," because many of the most serious animal health and humane problems addressed by Act 90 are found in “small business" settings.

The standards in this rule give affected businesses some flexibility and choices, consistent with the basic requirement of humane care. DATCP may issue licenses on a conditional basis, giving some license holders additional time to bring their operations into full compliance. DATCP may also grant variances for good cause, if the variance does not undermine the purpose of the standard from which the variance is granted.

Fiscal Estimate

This rule will not have a significant state or local fiscal impact. Section 173.41 (14), Stats., created by 2009 Wis. Act 90, requires DATCP to license and inspect “animal control facilities," “animal shelters," “dog breeders," “dog breeding facilities," “dog dealers" and “out of state dog breeders" that do business in this state. DATCP must inspect licensed facilities prior to licensing, and at least once every 2 years. Act 90 provided staff and funding for this licensing and inspection activity.

This rule will not create additional staffing requirements or program costs, beyond those entailed by Act 90 itself, nor will it change license fee revenues. Act 90 authorized DATCP to change initial statutory license fees by rule. However, this rule does not make any significant changes to the statutory fees.

Under Act 90 and this rule, whenever a license holder sells a dog in this state, the dog must be accompanied by a certificate of veterinary inspection (health certificate). The certificate must be issued by a Wisconsin certified veterinarian, on an official form provided by DATCP. Certified veterinarians may purchase the forms from DATCP at a cost of $0.60 each (the same as for certificates used under other animal health programs). DATCP estimates that certificate sales will generate $44,000 in program revenue each year. Act 90 contemplates that these revenues will be used to help fund this program.

Agency Contact Person

Melissa Mace

Phone: [phone]

Email: [e-mail]

Notice of Hearing

Agriculture, Trade and Consumer Protection

rulemaking_notices CR 10-106 CR 10-106

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on rules to create section ATCP 69.01 (3) (e) and (f), relating to buttermaker license qualifications. DATCP will hold the public hearing at the time and location shown below.

Hearing Information

October 1, 2010

10:00 a.m. – 11:30 a.m.

WI Department of Agriculture, Trade & Consumer Protection

2811 Agriculture Drive – Conference Room 172, 1st Floor

Madison, WI 53718

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by September 30, 2010, by writing to Deb Mazanec, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911; e-mailing to [e-mail] or by phone at [phone]. Alternatively, you may contact the DATCP TDD at [phone]. Handicap access is available at the hearings.

Submittal of Written Comments

DATCP invites the public to attend the hearing and comment on the rules. Following the hearing, the hearing record will remain open until Friday, October 8, 2010 for additional written comments. Comments may be sent to the Debra Mazanec, Division of Food Safety at the address above, by email to [e-mail] or online at http://AdminRules. Wisconsin.gov/.

To provide comments or concerns relating to small business, you may also contact DATCP's small business regulatory coordinator Keeley Moll at the address above, or by emailing to [e-mail] or by telephone at [phone].

Copies of Proposed Rule

You may obtain free copies of the rule by contacting the Wisconsin Dept. of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You may also obtain copies by calling [phone] or e-mailing to [e-mail]. Copies will also be available at the hearing. To view the proposed rule online, go to: http://[e-mail].

Analysis Prepared by Dept. of Agriculture, Trade and Consumer Protection

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) currently licenses buttermakers under s. 97.17, Stats. This rule provides more ways for an individual to qualify for licensing as a buttermaker.

Statutes interpreted

Section 97.17 (2), Stats.

Statutes interpreted

Sections 93.07 (1), 97.17 (2) and 227.24, Stats.

Explanation of statutory authority

DATCP has broad general authority under s. 93.07 (1), Stats., to interpret laws under its jurisdiction. DATCP has specific authority under s. 97.17 (2), Stats., to establish license qualifications for buttermakers.

Plain language analysis

DATCP licenses individuals as buttermakers under s. 97.17, Stats. DATCP has adopted licensing rules under ch. ATCP 69, Wis. Adm. Code. Currently, an applicant for a 2-year buttermaker license must pass an examination (required only for initial license) and must show that he or she has done at least one of the following (required for initial and renewal license):

•   Been licensed as a buttermaker for at least 10 years.

•   Worked directly under a licensed buttermaker for at least 24 months.

•   Worked directly under a licensed buttermaker for at least 18 months and completed a DATCP-approved training course from an accredited post-secondary institution.

•   Obtained a 4-year degree in food science (or an equivalent major) from an accredited post-secondary educational institution, and worked directly under a licensed buttermaker for at least 12 months.

Under this rule, an applicant may also qualify for licensing if either of the following apply, with the proviso that the applicant must also pass an examination for an initial license:

•   The applicant holds a Wisconsin cheesemaker license and has done all of the following:

□   Completed a DATCP-approved buttermaker training course.