Rule-Making Notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule to create Chapter
ATCP 16, Wis. Adm. Code, relating to dog sellers and dog facility operators.
Hearing Information
DATCP will hold five public hearings at the times and places shown below. DATCP invites the public to attend the hearings and comment on the proposed rule.
Monday, September 20, 2010
5:00 p.m. - 7:00 p.m.
Dept. of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
First Floor – Room 106 (Boardroom)
Madison, WI 53718
Thursday, September 23, 2010
2:00 p.m. – 4:00 p.m.
Fox Valley Technical College
Room E130 A & B
1825 North Bluemound Dr.
Appleton, WI 54914
Monday September 27, 2010
6:00 p.m. – 8:00 p.m.
The Plaza Hotel and Suites
1202 West Clairemont Ave.
Crystal 1 Room
Eau Claire, WI 54701
Tuesday, September 28, 2010
2:00 p.m. - 4:00 p.m.
Wausau Public Library/Marathon County Public Library
Wausau Room
300 North First St.
Wausau, WI 54403
Thursday, September 30, 2010
6:00 p.m. – 8:00 p.m.
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
