DATCP Docket: 22-R-10
Clearinghouse Rule: 22-081
Final Rule Draft
April 5, 2023
THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION’S PROPOSED ORDER TO ADOPT PERMANENT RULES
PROPOSED ORDER
The Wisconsin Department of Agriculture, Trade and Consumer Protection proposes an order to amend ATCP 10.80 (2) (a) and (b); and to create ATCP 10.80 (2) (bm); relating to dog import rabies vaccination.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: Wis. Stat. s. 95.20 Explanation of Agency Authority
Section 95.20, Stats., authorizes the department to prohibit or regulate the importing of animals into this state or the movement of animals within this state if the department has reasonable grounds to believe that regulation or prohibition is necessary to prevent the introduction or spread of a disease in this state that threatens the health of animals or of humans. Related Statutes and Rules
Section 95.21 (2) (a), Stats., requires rabies vaccination of dogs as follows: except as provided in s. 174.054, Stats., or sub. (9) (d), the owner of a dog shall have the dog vaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 89.05 (2) (d), Stats., at no later than 5 months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into this state after the dog has reached 5 months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is obtained or brought into the state unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 89.05 (2) (d), Stats., before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within 3 years after the previous vaccination. Plain Language Analysis
The current language of s. ATCP 10.80 (2) (a) conflicts with s. 95.21 (2) (a), Stats., with regards to rabies vaccination of dogs. The current rule requires a rabies vaccination prior to import of dogs five (5) months of age or older, whereas the statute allows for rabies vaccination within 30 days after import. The department reported the rule on the 2021 biennial review of rules, as required under s. 227.29, Stats. The department is currently not enforcing the unauthorized portion of the rule. The proposed rule amends s. ATCP 10.80 (2) to align with s. 95.21, Stats. Summary of, and Comparison with, Existing or Proposed
Federal Statutes and Regulations
The proposed rule is specific to Wisconsin statutes. The Centers for Disease Control and Prevention (CDC) requires that all dogs entering the U.S. that are 12 weeks and older be currently vaccinated against rabies.
Summary of Comments Received during Hearing and Comment Period
Hearing and Comment Period
The department held a public hearing on the preliminary rule draft on January 10, 2023, with comments accepted through January 24, 2023. The hearing offered a combination of in-person access and remote access. There were no attendees at the public hearing and there were no written comments received.
Rules Clearinghouse
The department modified the rule to address all Clearinghouse comments.
In response to Clearinghouse comments related to form, style and placement in Administrative Code, the department modified the placement of new language from s. ATCP 10.80 (2) (d) to s. ATCP 10.80 (2) (bm). In response to Clearinghouse comments related to conflict with or duplication of existing rules, the department added the term “rabies vaccination” for clarification in s. ATCP 10.80 (2) (bm). The statement of scope (SS 055-22) is specific to s. ATCP 10.80 (2) and rabies vaccination requirements and does not include certificates of veterinary inspection (CVIs). Section ATCP 10.80 (2) (bm) refers to s. 95.21 (2), Stats., which pertains to rabies vaccination requirements and not CVIs. Sections ATCP 10.80 (1) (intro.) and (3) refer to CVIs. A CVI is a written certificate that indicates that a veterinarian has examined an animal and found that there are no signs of an infectious or contagious disease, except where noted. A CVI is typically required for import into the State, except as stated under s. ATCP 10.80 (3). If a dog is required to be vaccinated under s. 95.21 (2), Stats., then the vaccination information is noted on the CVI. Section 95.21 (2) (a), Stats., includes an exemption to rabies vaccination requirements as provided in s. 95.21 (9) (d), Stats., which states that “A city, village, or town may exempt the owner of a dog from the requirement to have the dog vaccinated against rabies for a year based on a letter from a veterinarian stating that vaccination is inadvisable because of a reaction to a previous vaccination, a physical condition, or a regiment of therapy that the dog is undergoing. The city, village, or town shall require the owner to provide a new letter for each year in which the owner seeks an exemption under this paragraph.” In the rare event that an unvaccinated dog is imported directly to a veterinary facility for treatment lasting longer than 30 days, the dog would likely qualify for an exemption under s. 95.21 (9) (d), Stats. Comparison with Rules in Adjacent States
The proposed rule is specific to Wisconsin statutes. Rabies vaccination requirements for dog imports into adjacent states are compared below. All adjacent states require rabies vaccination prior to import for dogs over a certain age (16 weeks, 4 months, 12 weeks, 3 months), and some include exceptions for particular circumstances.
