Chapter ATCP 16

ATCP 16.12(1)(a) (a) The department may at any time during reasonable hours inspect any place at which a person who is required to be licensed under s. ATCP 16.02 (1) engages in any activity for which that license is required, regardless of whether that person owns or operates that place.

ATCP 16.12(2) (2) Pre-license inspections. Before the department licenses a person to keep dogs at a location identified under s. ATCP 16.06 (3) at which the person was not previously licensed to keep dogs, the department shall inspect that location. The department shall conduct the inspection within 60 business days after the department receives a complete license application under s. ATCP 16.06.

ATCP 16.12(3) (3) Biennial inspections. The department shall inspect, at least once in every 2 license years, each location identified under s. ATCP 16.06 (3) at which a license holder is licensed to keep dogs.

ATCP 16.12(4) (4) Scope of inspection. An inspection required under sub. (2) or (3) shall examine compliance with applicable requirements under this chapter, including applicable requirements related to recordkeeping, dog health, and standards of care.

ATCP 16.12(5) (5) Inspection report.

ATCP 16.12(5)(a) (a) Whenever the department performs an inspection under this section, the department shall provide the license applicant or license holder with a written inspection report.

ATCP 16.12(5)(b) (b) A license holder who keeps dogs at any location identified under s. ATCP 16.06 (3) shall post a copy of the most recent inspection report related to that location in a prominent place at that location. The inspection report shall be posted so that it can be easily noticed and read by persons visiting the licensed location.

ATCP 16.12(6) (6) Reinspection fees. The department may charge, to the holder of a license under s. ATCP 16.02 (1), a reinspection fee of $400 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter, noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter.

ATCP 16.12 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; CR 21-061: am. (6) Register May 2022 No. 797, eff. 6-1-22.

ATCP 16.14 ATCP 16.14 Records kept by license holders.

ATCP 16.14(1) (1) General. A person who is required to be licensed under s. ATCP 16.02 (1) shall keep all of the records required under this section. The person shall keep the records, in written or readily readable electronic form, at the principal business location identified under s. ATCP 16.06 (2). The person shall retain the records for at least 5 years after they are made, and shall make them available to the department for inspection and copying upon request.

ATCP 16.14(2) (2) Dog locations. A person licensed under s. ATCP 16.02 (1) shall keep a record of each location at which dogs are kept pursuant to the license. The record shall include the address of each location, and the name of the individual responsible for administering that location. If the license holder consigns a dog to a home custody provider, the license holder shall record the name and address of that individual.

ATCP 16.14(3) (3) Dog records. A person licensed under s. ATCP 16.02 (1) shall keep all of the following records related to each dog over which that person exercises custody or control at any time during the license year, including any dog that the person consigns to a home custody provider:

ATCP 16.14(3)(a) (a) A description of the dog including the dog’s breed or type, sex, date of birth or approximate age, color, and distinctive markings.

ATCP 16.14(3)(b) (b) The location at which the dog is kept, including the address of any home custody provider.

ATCP 16.14(3)(c) (c) Any United States department of agriculture official identification assigned to the dog and any other identification tag, tattoo, or microchip information.

ATCP 16.14(3)(d) (d) A statement that the dog was born under the license holder’s custody or control, if that is the case.

ATCP 16.14(3)(e) (e) All of the following information if the dog was not born under the license holder’s custody or control:

ATCP 16.14(3)(e)1. 1. The date on which the license holder acquired custody or control over the dog.

ATCP 16.14(3)(e)2. 2. The identity of the person from whom the license holder acquired custody or control of the dog. The record shall include the person’s name, address, and United States department of agriculture animal care facility license or registration number if any.

ATCP 16.14(3)(f) (f) All of the following information if the dog is no longer under the license holder’s custody or control:

ATCP 16.14(3)(f)1. 1. The date on which the dog left the license holder’s custody or control.

ATCP 16.14(3)(f)2. 2. The disposition of the dog.

ATCP 16.14(3)(f)3. 3. The identity of the person, if any, to whom the license holder transferred custody or control of the dog.

ATCP 16.14(3)(g) (g) A copy of any certificate of veterinary inspection that accompanied the dog when it entered or left the license holder’s custody or control.

ATCP 16.14(3)(h) (h)

ATCP 16.14(3)(h)1. 1. Health records related to the dog, including observation and treatment records and whether the health care was administered by the license holder or by a licensed veterinarian.

ATCP 16.14(3)(h)2. 2. Vaccination records related to the dog. The vaccination record shall identify each type of vaccination that the dog has received. For each type of vaccination, the record shall include all of the following:

ATCP 16.14(3)(h)2.a. a. The name of the vaccine manufacturer.

ATCP 16.14(3)(h)2.b. b. The vaccine serial number and lot number.

ATCP 16.14(3)(h)2.c. c. The date on which the vaccine was administered.

ATCP 16.14(3)(h)2.d. d. The name of the person who administered the vaccine.

ATCP 16.14(3)(i) (i) Breed registration records if any.

ATCP 16.14(4) (4) Behavior and socialization plan. A person who is required to be licensed under s. ATCP 16.02 (1) shall keep a copy of the behavior and socialization plan required under s. ATCP 16.20 (6) (e).

ATCP 16.14 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; correction in (2) made under s. 13.92 (4) (b) 7. Stats., Register May 2011 No. 665; CR 18-032: am. (3) (b), renum. (3) (h) to (3) (h) 1. and am., cr. (3) (h) 2. Register October 2019 No. 766, eff. 11-1-19.

ATCP 16.15 ATCP 16.15 Dog sales; general. Whenever a person who is required to be licensed under s. ATCP 16.02 (1) sells a dog in this state, the dog shall be accompanied by all of the following:

ATCP 16.15(1) (1) A valid certificate of veterinary inspection under s. ATCP 16.16.

ATCP 16.15(2) (2) All vaccination records required under s. ATCP 16.14 (3) (h) 2.

ATCP 16.15 History History: CR 18-032: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (intro.) made under s. 35.17., Stats., Register October 2019 No. 766.

ATCP 16.16 ATCP 16.16 Certificate of veterinary inspection.

ATCP 16.16(1) (1) Dog sales. A valid certificate of veterinary inspection required to sell a dog under s. ATCP 16.15 (1) shall meet all of the requirements under this section. A single certificate may cover more than one dog.

ATCP 16.16(2) (2) Who may issue. A certificate of veterinary inspection under sub. (1) shall be prepared and signed by a Wisconsin certified veterinarian described under s. ATCP 10.05, except that a certificate accompanying a dog imported into this state shall be issued by an accredited veterinarian, as defined under s. ATCP 10.01 (2).

ATCP 16.16(3) (3) Form.

ATCP 16.16(3)(a) (a) A certificate of veterinary inspection shall be issued on a form provided or approved by the department.

ATCP 16.16(3)(b) (b) A Wisconsin certified veterinarian may obtain Wisconsin certificate of veterinary inspection forms from the department, as provided under s. ATCP 10.06 (3) (b).

ATCP 16.16 Note Note: Wisconsin certificate of veterinary inspection forms may be obtained for $0.60 each. Forms may be obtained online at: https://datcpservices.wisconsin.gov/vetcatalog/index.jsp or by contacting the department at the following address:

ATCP 16.16 Note Wisconsin Department of Agriculture, Trade and Consumer Protection

ATCP 16.16 Note Division of Animal Health

ATCP 16.16 Note P.O. Box 8911

ATCP 16.16 Note Madison, WI 53708-8911

ATCP 16.16 Note Phone: [phone]

ATCP 16.16 Note Fax: [phone]

ATCP 16.16(4) (4) Contents. A certificate of veterinary inspection under sub. (1) shall include all of the following information:

ATCP 16.16(4)(a) (a) The name and address of the person selling the dog.

ATCP 16.16(4)(b) (b) The breed, sex, and age of the dog.

ATCP 16.16(4)(c) (c) Whether the dog is spayed, neutered, or sexually intact.

ATCP 16.16(4)(d) (d) The vaccinations administered by the veterinarian completing the certificate of veterinary inspection, including all of the following:

ATCP 16.16(4)(d)1. 1. The name of the vaccine manufacturer.

ATCP 16.16(4)(d)2. 2. The vaccine serial number and lot number.

ATCP 16.16(4)(d)3. 3. The date on which the vaccine was administered.

ATCP 16.16(4)(d)4. 4. The name of the veterinarian who administered the vaccine.

ATCP 16.16(4)(e) (e) The information required under s. ATCP 10.80 on the certificate of veterinary inspection that accompanied a dog imported into this state.

ATCP 16.16(4)(f) (f) If the dog is sold at public auction, and is not spayed or neutered, documentation showing that the dog has tested negative on a brucellosis test conducted within 30 days prior to the sale using a test method approved by the department.

ATCP 16.16 Note Note: Approved brucellosis test methods may be obtained by contacting the department online at: https://www.datcp.wi.gov or by contacting the department at the following address:

ATCP 16.16 Note Wisconsin Department of Agriculture, Trade and Consumer Protection

ATCP 16.16 Note Division of Animal Health

ATCP 16.16 Note P.O. Box 8911

ATCP 16.16 Note Madison, WI 53708-8911

ATCP 16.16 Note Phone: [phone]

ATCP 16.16 Note Fax: [phone]

ATCP 16.16(4)(g) (g) The following statement, or a substantially similar statement, that is based on at least a brief personal examination by the veterinarian making the statement:

“I certify, as a veterinarian, that I have inspected the dogs identified on this certificate and that the dogs are not showing any sign of infectious, contagious or communicable disease, except as otherwise noted on this certificate. Vaccinations and test results are as indicated on this certificate. This certificate is not a warranty.”

ATCP 16.16 Note Note: Pursuant to s. 95.19, Stats., a heartworm positive dog may not be sold, transported or exhibited as it is considered to have an infectious, contagious or communicable disease.

ATCP 16.16(4)(h) (h) The veterinarian’s signature and the date of signature.

ATCP 16.16(5) (5) Issuance and expiration.

ATCP 16.16(5)(a) (a) A veterinarian who signs a certificate of veterinary inspection under sub. (1) shall sign that certificate within 10 days after the veterinarian completes the examination on which the certificate is based. The certificate is valid for 30 days after the date on which the veterinarian completes the examination on which the certificate is based.

ATCP 16.16(6) (6) Distribution. Each of the following persons shall receive a copy of each certificate of veterinary inspection under sub. (1):

ATCP 16.16(6)(a) (a) The person buying the dog.

ATCP 16.16(6)(b) (b) The person selling the dog.

ATCP 16.16(6)(c) (c) The veterinarian who issues the certificate.

ATCP 16.16(7) (7) Re-using a certificate.

ATCP 16.16(7)(a) (a) If a dog is sold again prior to the expiration of a certificate of veterinary inspection previously issued for the same dog, the unexpired certificate may accompany the resold dog. The original certificate may not be amended and no new certificate is required for the resale, provided that both of the following apply:

ATCP 16.16(7)(a)1. 1. The new seller keeps a copy of the certificate.

ATCP 16.16(7)(a)2. 2. The new buyer receives a copy of the certificate.

ATCP 16.16(7)(b) (b) A veterinarian may incorporate information from a prior unexpired certificate of veterinary inspection for the same dog, but shall include the information required under sub. (4) (e), if applicable. The veterinarian shall include the following statement or a substantially similar statement on the new certificate:

“The (identify pertinent information incorporated from the prior certificate) on this certificate has been duplicated from the attached certificate of veterinary inspection issued by (name of veterinarian who issued the prior certificate) at (address) on (date).”

ATCP 16.16 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; CR 18-032: am. (title), (1), (2), (3) (a), (4) (d) (intro.), 4., (4) (e), (f), (7) (a) (intro.), r. (7) (a) 1., renum. (7) (a) 2., 3. to 1., 2. and am., am. (7) (b) Register October 2019 No. 766, eff. 11-1-19; correction in (2) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 16.18 ATCP 16.18 Age at which dogs may be sold. A person who is required to be licensed under s. ATCP 16.02 (1) may not, in connection with the sale of a dog, transfer that dog to the physical custody of the buyer unless the dog is at least 7 weeks old.

ATCP 16.18 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; CR 18-032: cons. and renum. (intro.) and (1) to ATCP 16.18 and am., r. (2), (3) Register October 2019 No. 766, eff. 11-1-19.