- Engages in the business of selling or exchanging livestock or wild animals.
- Engages in the business of leasing out livestock or wild animals to others.
The following persons are exempt from licensing as animal dealers:
- An employee of a licensed animal dealer who acts solely on behalf of that licensed animal dealer.
- A farm operator who buys or exchanges livestock solely for dairy, breeding or feeding operations on that farm, or who sells only livestock produced on that farm.
- An animal market operator licensed by DATCP.
- The operator of a licensed meat establishment who buys livestock solely for slaughter at that meat establishment.
- The holder of a DNR captive wildlife license who buys, sells or exchanges wild animals pursuant to the license, solely for purposes of the licensed operation.
A person must do all the following to obtain an animal dealer license (no change from current rules):
- Submit a complete license application.
- Pay an annual license fee of $115 (no change from current rules).
- Obtain an animal trucker license, if the person also operates as an animal trucker (see below).
- Register all vehicles that the person uses to transport animals.
- Pass a test administered by DATCP. No test is required for the renewal of an existing license.
DATCP must grant or deny a license application within 30 business days after the applicant submits a complete application and takes any required test (no change from current rules).
DATCP may deny, suspend or revoke a license, including violation of animal health or humane laws (no change from current rules).
An animal dealer must do all of the following (this rule reorganizes, but does not change, current rules):
- Maintain the animal dealer premises in a clean and sanitary condition.
- Provide adequate food, water, shelter, bedding and pen space for all animals held more than 12 hours.
- Properly identify animals.
- Keep proper records.
- Handle animals in a humane manner.
- Comply with applicable requirements related to animal transport vehicles (see below).
- Refrain from commingling animals of different species within the same vehicle or enclosure.
This rule prohibits an animal dealer from accepting delivery of animals from an unlicensed animal trucker, or shipping animals via an unlicensed animal trucker.
Animal Market Operators
Before the Captive Wildlife Law was enacted, DATCP licensed “livestock market operators" (“livestock" includes bovine animals, sheep, goats, swine, farm-raised deer, equines and other farm animals). The Captive Wildlife Law changed the “livestock market operator" license to an “animal market operator" license.
DATCP now licenses “animal market operators" who operate market facilities that are open to the public for the purpose of trading in livestock or wild animals. Captive white-tail deer are now considered “livestock" (farm-raised deer). This rule modifies current rules to reflect this expanded coverage. This rule also clarifies and reorganizes current licensing requirements. Under this rule:
No person may operate an animal market without an annual license from DATCP. A separate license is required for each animal market (no change from current rules).
An animal market operator may apply for a Class A, Class B or Class E animal market license (no change from current rules):
- At a class A animal market, an operator may conduct livestock and wild animal sales on any number of days during the license year.
- At a class B animal market, an operator may conduct livestock sales on no more than 4 days during the license year. An operator may not conduct wildlife sales at a class B animal market.
- At a class E animal market, an operator may conduct sales of equine animals on any number of days during the license year. An operator may not conduct sales of any other livestock or any wild animals at a class E animal market.
A person must do all the following to obtain an animal market license (no change from current rules):
- Submit a complete license application.
- Pay an annual license fee. The fee is $225 for a class A market, $115 for a class B market, and $150 for a class E market (no change from current rules).
- Obtain an animal trucker license, if the person also operates as an animal trucker (see below).
- Register all vehicles that the person uses to transport animals.
- Pass a test administered by DATCP. No test is required for the renewal of an existing license.
DATCP must act on a license application within 30 business days after the applicant submits a complete application and takes any required test (no change from current rules). DATCP must inspect a class A market before licensing that market for the first time. If an inspection is required, DATCP has an additional 60 days to act on the license application.
- DATCP may deny, suspend or revoke a license for cause, including violation of animal health or humane laws (no change from current rules).
An animal market operator must do all the following (this rule reorganizes, but does not change, current rules):
- Comply with animal market construction standards.
- Keep the animal market in a clean and sanitary condition.
- Provide adequate food, water, shelter, bedding and pen space for all animals held more than 12 hours.
- Properly identify animals.
- Keep proper records.
- Handle animals in a humane manner.
- Remove animals from the animal market premises within 4 days after they enter the market (some special provisions apply).
- Comply with applicable requirements related to animal transport vehicles (see below).
- Refrain from commingling animals of different species in the same enclosure.
This rule prohibits an animal dealer from accepting delivery of animals from an unlicensed animal trucker, or shipping animals via an unlicensed animal trucker.
Animal Truckers
Before the Captive Wildlife Law was enacted, DATCP licensed “livestock truckers" (“livestock" included bovine animals, sheep, goats, swine, farm-raised deer, equines and other farm animals). The Captive Wildlife Law changed the “livestock trucker" license to an “animal trucker" license.
DATCP now licenses “animal truckers" who transport livestock or wild animals for hire.
Captive white-tail deer are now considered “livestock" (farm-raised deer). This rule modifies current rules to reflect this expanded coverage. This rule also clarifies and reorganizes current license requirements. Under this rule:
A person must be annually licensed by DATCP, as an animal trucker, if the person transports livestock or wild animals for hire. The following persons are exempt from licensing as animal truckers:
- An employee of a licensed animal trucker who transports animals solely on behalf of the license holder, in vehicles registered by the license holder.
- Persons who are solely engaged in transporting their own animals.
- Persons who are solely engaged in the following activities:
* Hauling animals on an occasional basis for persons participating in a livestock exhibition, fair, trail ride, youth livestock event or similar activity.
* Hauling animals on an incidental basis in connection with another business, such as a veterinary practice or a stable operation, does not ordinarily involve the sale of animals.
* Hauling animals for other persons fewer than 6 times per year.
A person must do all the following to obtain a license (no change from current rules):
- Submit a complete license application.
- Pay license fees. There is a basic annual fee of $30, plus a $10 fee for each vehicle used to transport livestock or wild animals (no fee change from current rules).
- Register all vehicles used to transport livestock or wild animals.
- Pass a test administered by DATCP. No test is required for the renewal of an existing license.
DATCP must act on a license application within 30 business days after the applicant submits a complete application and takes any required test (no change from current rules).
DATCP may deny, suspend or revoke a license for cause, including violation of animal health or humane laws (no change from current rules).
An animal trucker must do all of the following (this rule reorganizes, but does not change, current rules):
- Maintain properly equipped vehicles.
- Properly identify animals.
- Keep proper records.
- Transport and handle animals in a safe and humane manner.
An animal trucker may not:
- Commingle different animal species on the same transport vehicle.
- Transport diseased or downer animals with healthy animals on the same transport vehicle (there is a limited exception for slaughter shipments).
Animal Transport Vehicles
Under current rules and this rule, an animal dealer, animal market operator or animal trucker must register every vehicle that the person uses to transport livestock or wild animals. The operator must register annually and pay an annual fee of $10 per vehicle. DATCP must grant or deny a registration application within 30 business days after the person submits a complete application.
Under current rules and this rule, the following requirements apply to every vehicle that an animal dealer, animal market operator or animal trucker uses to transport livestock or wild animals:
The vehicle must be properly identified with the operator's name and business address, the operator's DATCP license number(s), and the DATCP vehicle registration number.
The vehicle must be properly constructed and equipped to handle each type of animal transported.
The vehicle must be kept in a clean and sanitary condition.
Fiscal Estimate
The rule will not have a major impact on State or Local government resources. This rule;
1) Implements Wisconsin's Captive Wildlife Law (2001 Wis. Act 56), which took effect on January 1, 2003.
2) Modifies related animal health rules administered by the Department of Agriculture, Trade and Consumer Protection (DATCP).
3) Coordinates animal disease control activities of DATCP and the Department of Natural Resources (DNR).
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