6. List with description of all entities that may be affected by the proposed rule:
The proposed rule would impact persons who annually sell 25 or more dogs from more than three litters or operate animal shelters. As of license year 2020, there are 471 licensed dog sellers:
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113 entities licensed to sell or offer to sell at least 25 but fewer than 50 dogs per year-
87 entities licensed to sell or offer to sell at least 50 but fewer than 100 dogs per year-
64 entities licensed to sell or offer to sell at least 100 but fewer than 250 dogs per year-
25 entities licensed to sell or offer to sell 250 or more dogs per year-
182 entities licensed to operate an animal shelter or animal control facilityThe proposed rule would also impact consumers, pet owners, and other persons and groups affected by the department fulfilling its duties under Wis. Stat. s. 173.41. For example, Wis. Stat. s. 173.41 (6) requires the department to inspect the premises at which a person who is required to obtain a license operates before issuing the initial license and at least once every 2 years after the year in which the person is first licensed. These inspections are critical to ensure that licensed entities are meeting health requirements for selling dogs, the age for the transfer of a puppy, standards of care, and recordkeeping requirements, which are required under Sections 173.41 (8), (9), (10), and (11), Wis. Stats., respectively. The proposed rule would ensure program revenue funding through license fees to continue these statutorily required inspections and protect animal health and wellbeing, human health, and consumer protection. The department held three listening sessions with stakeholders to brainstorm solutions to the current financial under-recovery and get their individual points of view about the possible pros and cons of alternatives to address the financial under-recovery. No stakeholder expressed that the current fees should not be evaluated and no stakeholder expressed an interest in removing or reducing the activities of the programs.
Under this statement of scope, the department would form an advisory group to assist in writing the proposed rule, pursuant to Wis. Stat. s. 173.41 (14). The advisory group would consist of at least one representative from each of the following groups: -
Persons selling dogs at retail-
Dog breeders that sell large dogs and that sell fewer than 50 dogs per year-
Dog breeders that sell small dogs and that sell fewer than 50 dogs per year-
Dog breeders that sell large dogs and that sell 50 or more dogs per year-
Dog breeders that sell small dogs and that sell 50 or more dogs per year-
Sporting associations whose primary activities involve dogs-
Humane societies providing shelter to fewer than 500 dogs per year-
Humane societies providing shelter to 500 or more dogs per year-
Animal control facilities7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The United States Department of Agriculture (USDA) licenses some businesses that breed or broker dogs. As of March 2020, there are 86 USDA-licensed dog breeders (Class A) and 10 USDA-licensed dog brokers (Class B) in Wisconsin. These numbers include some, but not all, businesses that are also licensed as dog sellers by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).
USDA and DATCP have different criteria for determining whether an entity needs to be licensed, as well as different minimum facility requirements. USDA does not license retail pet stores and does not license breeders with four or fewer breeding females. DATCP licenses persons who operate an animal shelter, animal control facility, dog breeder, dog breeding facility, dog dealer, or out-of-state dog dealer. Among other criteria defined in Wis. Stat. s. 173.41 (1), these are entities that shelter or sell 25 or more dogs in a year. 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The proposed rule would evaluate fee amounts for dog sellers and dog facility operators. Most or all affected entities are small businesses, pursuant to the definition under Wis. Stat. s. 227.485 (1) (c). The overall anticipated economic impact is moderate but could be significant for individual entities depending upon the individual business and the amount of the fee change evaluated.
The economic impact may also be passed on to consumers in the price to buy a dog.
