Ch. ATCP 16 Note Note: This chapter implements s. 173.41, Stats. The regulations in this chapter apply only to persons who are required to be licensed under this chapter. A license holder is responsible for ensuring that the license holder's employees and agents comply with applicable requirements under this chapter. A person is not required to hold a license under this chapter for actions that the person takes solely as an employee or agent of a license holder, provided that those actions are within the scope of the license holder's license.
ATCP 16.01 ATCP 16.01Definitions. In this chapter:
ATCP 16.01(1) (1) “Accredited veterinarian" has the meaning given in s. ATCP 10.01 (2).
ATCP 16.01(2) (2) “Animal control facility" means a facility in this state for the care of animals operated under a contract with a political subdivision under s. 173.15 (1), Stats.
ATCP 16.01(3) (3) “Animal shelter" means a facility in this state that is operated for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals, that is used to shelter at least 25 dogs in a license year, and that is operated by a humane society, animal welfare society, animal rescue group, or other nonprofit group.
ATCP 16.01(4) (4) “Department" means the Wisconsin department of agriculture, trade and consumer protection.
ATCP 16.01(5) (5) “Dog breeder" means a person who in any license year sells at least 25 dogs, from more than 3 litters, which that person has bred and raised in this state. A person has bred and raised dogs for purposes of this paragraph if that person has owned the dogs from birth until sale, regardless of whether the person has contracted with an agent to raise the dogs on real estate owned or occupied by that agent.
ATCP 16.01(6) (6) “Dog breeding facility" means a place in this state where dogs are bred and raised and from which at least 25 dogs from more than 3 litters are sold in a license year.
ATCP 16.01(7) (7) “Dog dealer" means any of the following persons, other than an out-of-state dog dealer:
ATCP 16.01(7)(a) (a) A person who in any license year sells in this state at least 25 dogs that the person owns but has not bred and raised.
ATCP 16.01(7)(b) (b) A person, other than an auctioneer or auction company registered under ch. 480, Stats., who in any license year brokers or arranges the sale in this state of at least 25 dogs that are under that person's custody or control but that the person does not own and has not bred or raised.
ATCP 16.01(7)(c) (c) An auctioneer or auction company registered under ch. 480, Stats., which operates one or more auctions in this state in which a combined total of 50 or more dogs are sold or offered for sale in any license year.
ATCP 16.01(8) (8) “Dog trial" means an organized competitive field event involving sporting dog breeds that is sanctioned, licensed, or recognized by a local, state, regional, or national dog organization.
ATCP 16.01(9) (9) “Home custody provider" means an individual who is not required to be licensed under s. ATCP 16.02 (1), but who keeps dogs at his or her home for a person who is licensed under s. ATCP 16.02 (1).
ATCP 16.01(10) (10) “License year" means a 12-month period ending on September 30.
ATCP 16.01(11) (11) “Out-of-state dog dealer" means a non-resident person who in any license year imports at least 25 dogs for sale in this state, regardless of whether the dogs were bred or raised by that person.
ATCP 16.01(12) (12) “Person" means an individual, corporation, partnership, cooperative, limited liability company, trust, governmental entity, academic institution, or other legal entity.
ATCP 16.01(13) (13) “Primary enclosure" means an enclosed space where a dog spends the majority of its time.
ATCP 16.01(14) (14) “Sell" means to convey ownership for consideration.
ATCP 16.01(15) (15) “Temporary dog market" means a place at which persons sell dogs, and may sell other items, from booths or other spaces that are rented or provided to those persons on a temporary basis by the market operator, except that “temporary dog market" does not include a dog trial.
ATCP 16.01(16) (16) “Wisconsin certified veterinarian" means a veterinarian certified under s. ATCP 10.05.
ATCP 16.01 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11.
ATCP 16.02 ATCP 16.02Dog sellers and dog facility operators; license.
ATCP 16.02(1)(1)License required. Except as provided in s. ATCP 16.04, no person may do any of the following in any license year without an annual license from the department:
ATCP 16.02(1)(a) (a) Operate an animal control facility.
ATCP 16.02(1)(b) (b) Operate an animal shelter.
ATCP 16.02(1)(c) (c) Operate as a dog breeder.
ATCP 16.02(1)(d) (d) Operate a dog breeding facility.
ATCP 16.02(1)(e) (e) Operate as a dog dealer.
ATCP 16.02(1)(f) (f) Operate as an out-of-state dog dealer.
ATCP 16.02(2) (2)License expiration. An annual license under sub. (1) expires on September 30.
ATCP 16.02(3) (3)License not transferable. A license under sub. (1) is not transferable between persons or locations.
ATCP 16.02(4) (4)License displayed.
ATCP 16.02(4)(a)(a) A license holder under sub. (1) shall post a copy of the license at each location, identified in the license application under s. ATCP 16.06, at which the license holder keeps dogs pursuant to the license. The license holder shall post the license copy in a prominent place that is readily visible to persons entering that location.
ATCP 16.02(5) (5)License number included in advertisement. A license holder under sub. (1) who advertises to sell dogs in this state shall include that person's license number in each advertisement.
ATCP 16.02 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11.
ATCP 16.04 ATCP 16.04Persons 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:
ATCP 16.04(1) (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.
ATCP 16.04(2) (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:
ATCP 16.04(2)(a) (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.
ATCP 16.04(2)(b) (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).
ATCP 16.04(2)(c) (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.
ATCP 16.04(2)(d) (d) The person does not move any other dogs to the location identified under par. (a) during the liquidation sale.
ATCP 16.04(2)(e) (e) The person does not permit other persons to sell their dogs from the location identified under par. (a) during the liquidation sale.
ATCP 16.04(2)(f) (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.
ATCP 16.04(3) (3)Operator of temporary dog market. The operator of a temporary dog market if the operator does all of the following:
ATCP 16.04(3)(a) (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.
ATCP 16.04(3)(b) (b) Provides adequate facilities for, and takes reasonable steps to ensure, humane treatment of all dogs kept at the market.
ATCP 16.04(3)(c) (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.
ATCP 16.04(3)(d) (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:
ATCP 16.04(3)(d)1. 1. The person's name and address.
ATCP 16.04(3)(d)2. 2. The number of the person's license under s. ATCP 16.02 (1), if any.
ATCP 16.04(3)(d)3. 3. The number of dogs that the person brings to the market.
ATCP 16.04(3)(d)4. 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.
ATCP 16.04(3)(d)5. 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.
ATCP 16.04(3)(e) (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.
ATCP 16.04(3)(f) (f) Allows the department to inspect the temporary dog market during market hours.
ATCP 16.04 History History: 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.
ATCP 16.06 ATCP 16.06Applying for a license. A person shall apply for a license under s. ATCP 16.02 (1) on a form provided by the department. The application shall include all of the following:
ATCP 16.06(1) (1) The applicant's legal name and any business names under which the applicant may engage in an activity for which the license is required.
ATCP 16.06(2) (2) The applicant's principal business address.
ATCP 16.06(3) (3) The address of each location, other than the residence of a home custody service provider under s. ATCP 16.14 (2), at which the applicant may keep dogs in this state pursuant to the license. If an identified location is an animal control facility, animal shelter or dog breeding facility, the application shall disclose that fact.
ATCP 16.06(4) (4) A statement indicating whether, in connection with the applicant's licensed operation, the applicant may consign any dogs to individuals for home custody under s. ATCP 16.14 (2).
ATCP 16.06(5) (5) An identification of each activity under s. ATCP 16.02 (1) (a) to (f) in which the applicant may engage.
ATCP 16.06(6) (6) The total number of dogs that the applicant sold during the preceding license year from all locations identified under sub. (3) other than from animal control facilities and animal shelters. If the applicant did not sell any dogs from those locations during the preceding license year, the applicant shall report the total number of dogs that the applicant expects to sell from those locations during the license year for which application is made.
ATCP 16.06(7) (7) All license fees and surcharges required under s. ATCP 16.08.
ATCP 16.06(8) (8) If the applicant applies to be licensed as an out-of-state dog dealer, copies of all of the following:
ATCP 16.06(8)(a) (a) Any dog seller's license that the person is required to hold in the state from which that person operates in this state as an out-of-state dog dealer.
ATCP 16.06(8)(b) (b) Any dog seller's license that the person is required to hold under federal law.
ATCP 16.06 Note Note: A person may obtain a license for by calling (608) 224-4872, by visiting the department website at www.datcp.wi.gov or by writing to the following address:
ATCP 16.06 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
ATCP 16.06 Note Division of Animal Health
ATCP 16.06 Note P.O. Box 8911
ATCP 16.06 Note Madison, WI 53708-8911
ATCP 16.06 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; corrections in (3) and (4) made under s. 13.92 (4) (b) 7., Stats., Register May 2011 No. 665.
ATCP 16.08 ATCP 16.08License fees and surcharges. A license application under s. ATCP 16.06 shall include all of the following nonrefundable fees and surcharges, as applicable:
ATCP 16.08(1) (1) A license fee of $125 for each animal shelter or animal control facility that the applicant may operate during the license year. If the applicant operates a combined animal shelter and animal control facility at the same location, the $125 fee for that location covers the combined operations.
ATCP 16.08(2) (2) The following fee based on the number of dog sales reported under s. ATCP 16.06 (6):
ATCP 16.08(2)(a) (a) $250 if the number is at least 25 but less than 50.
ATCP 16.08(2)(b) (b) $500 if the number is at least 50 but less than 100.
ATCP 16.08(2)(c) (c) $750 if the number is at least 100 but less than 250.
ATCP 16.08(2)(d) (d) $1,000 if the number is at least 250.
ATCP 16.08 Note Note: The fee under sub. (2) is based on the total number of dogs sold by the applicant, regardless of the number of locations from which the applicant makes those sales.
ATCP 16.08(3) (3) If the applicant is an out-of-state dog seller, a fee that is 150 percent of the fee calculated under sub. (2).
ATCP 16.08(4) (4) A late renewal surcharge equal to 20 percent of all license fees required under subs. (1) to (3) if the applicant seeks to renew a license after that license has expired.
ATCP 16.08(5) (5) A surcharge equal to the total of all license fees required under subs. (1) to (3) if the department determines that any of the following apply:
ATCP 16.08(5)(a) (a) Within 365 days prior to submitting the license application, the applicant operated without a license required under s. ATCP 16.02 (1).
ATCP 16.08(5)(b) (b) The applicant knowingly misrepresented information in the applicant's license application for the preceding license year, in order to avoid payment of any required license fees.
ATCP 16.08 Note Note: A surcharge payment under sub. (5) does not relieve the applicant of any other penalties or liabilities that the applicant may incur as a result of any act or omission under sub. (5), but does not constitute evidence of a law violation.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.