Havenwoods State Forest
Auditorium
6141 North Hopkins Street
Milwaukee, WI 53209
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by September 9, 2010, by writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4883. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Submittal of Written Comments
Following the public hearings, the hearing record will remain open until Friday,
October 8, 2010 for additional written comments. Comments may be sent to the Division of Animal Health at the address below, by email to
Melissa.mace@wi.gov or online
http://AdminRules. Wisconsin.gov/.
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to
Keeley.Moll@wi.gov or by telephone at (608) 224-5039.
Copies of Proposed Rule
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4883 or emailing
Melissa.mace@wi.gov. Copies will also be available at the hearings. To view the proposed rule online, go to:
http://AdminRules.Wisconsin.gov/
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Rule summary
This rule implements s.
173.41, Stats., created by
2009 Wis. Act 90. Act 90 requires the Department of Agriculture, Trade and Consumer Protection (“DATCP") to license and regulate persons who do any of the following:
•
Operate an “animal control facility." Under this rule, an “animal control facility" means a facility in this state, for the care of animals, which is operated under a contract with a county, town or municipality under s.
173.15(1), Stats.
•
Operate an “animal shelter." Under this rule, an “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.
•
Operate as a “dog breeder." Under this rule, a “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.
•
Operate a “dog breeding facility." Under this rule, a “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.
•
Operate as a “dog dealer." Under this rule, a “dog dealer" means any of the following persons, other than an “out-of-state dog dealer:"
□ 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.
□ 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 legal control (but that the person does not own and has not bred or raised).
□ 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.
•
Operate in this state as an “out-of-state dog dealer." Under this rule, an “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.
This rule spells out standards required of license holders, including standards related to the care, transportation and sale of dogs.
Statutes interpreted
Statutory authority
Explanation of statutory authority
DATCP has broad general authority, under s.
93.07 (1), Stats., to adopt rules interpreting laws under its jurisdiction. Under s.
173.41(14), Stats., DATCP is required to adopt rules implementing s.
173.41, Stats., DATCP also has relevant rulemaking authority under other statutes. DATCP has developed this rule in consultation with an advisory council, as required under s.
173.41 (14), Stats.
Related rules or statutes
Under s.
173.27, Stats., and ch.
ATCP 15, DATCP has adopted standards for the training and certification of county and local humane officers. Under s.
93.07(11), Stats., DATCP provides veterinary consultation and other assistance to county and local humane officers. Under ch.
ATCP 10, DATCP has adopted general rules related to animal health, animal imports, animal movement and disease control.
Standards incorporated by reference
This rule incorporates, by reference, humane euthanasia methods identified by the American Veterinary Medical Association in Appendix 1 to its Guidelines on Euthanasia (June 2007). DATCP will ask permission from the Attorney General and the Legislative Reference Bureau to incorporate this material by reference in this rule. Copies will be kept on file with DATCP and the Legislative Reference Bureau.
Plain language analysis
License required
Under this rule, a person who does any of the following must hold an annual license from DATCP, unless the person qualifies for a license exemption (see below):
•
Operates an “animal control facility."
•
Operates an “animal shelter."
•
Operates as a “dog breeder."
•
Operates a “dog breeding facility."
•
Operates as a “dog dealer."
•
Operates in this state as an “out-of-state dog dealer."
An annual license expires on September 30. A license holder must display a copy of the license at each animal control facility, animal shelter or dog breeding facility (if any) operated by the license holder. A license is not transferable between persons or facilities.
License exemptions
The following activities are exempt from licensing under this rule:
Veterinary activities.
A veterinarian licensed under ch.
453, Stats., is not required to hold a license under this rule for activities that the veterinarian conducts in the normal course of veterinary practice, within the scope of the veterinarian's license.
Agent care.
A person who, as contract agent for one or more license holders, keeps dogs owned or legally controlled by those license holders at a location owned or legally controlled by the agent is not required to be licensed under this rule if all of the following apply:
•
The agent keeps no more than 24 dogs at any single location owned or controlled by the agent.
•
The person keeps dogs for each license holder pursuant to a written agency contract with that license holder, subject to that holder's license.
•
The agent agrees, in the agency contract, to meet the dog care standards in this rule and to permit reasonable DATCP inspection upon request.
•
Each license holder keeps records including the agent's name and address, the address of each location at which the agent keeps dogs for the license holder, a copy of the agency contract, the number of dogs that the agent keeps for the license holder, and the identification and health records required under this rule for each dog kept by the agent.
One-time liquidation sale.
No license is required under this rule for a one-time liquidation sale of dogs that the seller owns and keeps at a location owned by the seller if all of the following apply:
•
The seller gives DATCP written notice at least 30 days prior to the sale. The notice must include the starting date of the sale, the location of the sale, and the number of dogs that may be sold.
•
All dogs at the sale location are offered for sale.
•
No more than 30 dogs are offered for sale.
•
The seller does not add dogs during the sale, or include in the sale any dogs that the seller does not own.
•
The seller does not engage in any other activities for which a license is required, either during the license year in which the sale occurs or in the preceding or subsequent license year.
Breeding, raising and selling dogs for research.
No license is required under this rule to breed, raise and sell dogs solely for purposes of scientific research if all of the following apply:
•
The dogs are sold from the facility where they are bred and raised.
•
The dogs are sold only to animal care facilities licensed or registered by the United States department agriculture (USDA), and are not resold to any other person.
•
The facility at which the dogs are bred and raised complies with federal regulations under 9 CFR subchapter A (Animal Welfare).
Temporary dog market.
No license is required under this rule to operate a “temporary dog market" (a place where dog owners sell dogs from temporary booths or spaces that they rent from the market operator), provided that the market operator does all of the following:
•
Gives DATCP prior written notice of the market. The notice must include the beginning and ending dates of the market, the market location, and the approximate number of sellers who may bring dogs to the market.
•
Provides adequate facilities for, and takes reasonable steps to ensure, humane treatment of all dogs kept at the market.
•
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 more than 2 consecutive days.
•
Obtains certain information from each person who brings dogs to the market, including the person's name and address; the person's dog seller license number (if any); the number of dogs that the person brings to the market; a description of each dog; the source of each dog (if the person has not owned the dog since its birth); documentation of rabies vaccination (if required); and documentation of legal import (if the dog was imported to this state). The market operator must keep the information for at least 5 years, and must make it available to DATCP for inspection and copying upon request.
•
Allows DATCP to inspect the market during market hours.
Licensed activities and facilities
In some cases, a person may engage in more than one activity for which a license is required, or may operate more than one dog facility for which a license required. Under this rule, that person may obtain a single license document that covers all of those activities and facilities. However, the license document must identify each type of licensed activity and the location at which the the license holder keeps dogs pursuant to the license. License fees are based on the number of licensed facilities, or the number of dogs sold by the license holder, or both:
•
If a person operates one or more “animal control facilities" or “animal shelters," the person must pay a separate license fee (flat amount) for each of those facilities.
•
If a person operates one or more “dog breeding facilities," the person must pay a separate license fee for each of those facilities based on the number of dogs sold from that facility.
•
If a person sells dogs from one or more locations other than an “animal control facility," “animal shelter" or “dog breeding facility," the person must pay license fees based on the person's combined annual dog sales from all of those locations.
A license holder may not keep dogs for any licensed purpose, either directly or through an agent, at any location other than the following:
•
Locations identified in the license.
•
Locations owned or legally controlled by contract agents who keep, for the license holder, dogs owned or legally controlled by the license holder. A license need not identify the license holder's agents or agent locations. However:
□ The license application must disclose whether the license holder will use such agents.
□ The license holder must keep records identifying each agent and agent location, a copy of each agent's contract with the license holder, the number of dogs (owned or legally controlled by the license holder) that are kept by each agent, and identification and health records related to those dogs.
□ The license holder must make the records available to DATCP for inspection and copying upon request.
•
A “temporary dog market" that is registered and operated according to this rule.
•
An auction location at which dogs are temporarily kept for the purpose of sale at auction, other than an auction conducted by the license holder.
Applying for a license
A person must apply for a license on a form provided by DATCP. The form must include all of the following:
•
The applicant's legal name and any trade names under which the applicant engages in licensed activities.
•
The applicant's principal business address.
