Wisconsin Legislature: ATCP 12.02(8)(L)

(c) If a person is required to pay a surcharge under par. (b), the person shall also pay any license fees that are due for the license year in which the animal market operator violated sub. (1) or (2) (c) or (d).

(d) Payment of a surcharge under par. (b) or fees under par. (c) does not relieve an animal market operator of other civil or criminal liability that may result from a violation of sub. (1) or (2) (c) or (d), nor does it constitute evidence of a violation of sub. (1) or (2) (c) or (d).

(6) Action on license application.

(a) The department shall grant or deny a license application under sub. (3) within 30 business days after all of the following have occurred:

1. The department receives a complete application under sub. (3).

3. The department inspects the animal market, if an inspection is required under par. (b).

(b) Before issuing a class A animal market license under sub. (2) (b) for premises that were not licensed during the preceding license year, the department shall inspect the animal market premises for compliance with this section. The department shall complete the inspection within 60 business days after the department receives a complete license application under sub. (3).

(7) Denial, suspension, or revocation of license. The department may deny, suspend, or revoke an animal market license for cause, pursuant to s. 93.06 (7), Stats. Cause may include any of the following:

(a) Violation of ch. 95, Stats., ch. ATCP 10, or this chapter.

(b) Violation of any lawful order of the department.

(d) Preventing a department employee from performing his or her official duties, or interfering with the lawful performance of those duties.

(e) Physically assaulting a department employee while the employee is performing his or her official duties.

(f) Improper or unauthorized use of any official tag, brand, or tattoo.

(g) Refusal or failure, without just cause, to produce required records or respond to a department subpoena.

(h) Payment of an application fee with a worthless check.

(i) Violation of 9 CFR Part 201, relating to registration or bonding requirements of the packers and stockyards.

(8) Animal market operator; responsibilities. An animal market operator shall do all of the following:

(a) Comply with the construction requirements under sub. (9).

(b) Maintain the animal market premises in a clean and sanitary condition. The operator shall keep barns, pens, alleys, and other animal holding areas in good repair, and shall disinfect the premises as needed and when ordered by the department.

(d) Identify animals in compliance with s. ATCP 12.05.

(e) Keep records in compliance with s. ATCP 12.06.

(f) Handle downer animals in a humane manner as required by s. ATCP 12.07.

(g) Remove market animals from the animal market within 4 days after they enter the market, except as provided in sub. (10). The animal market operator shall remove market bovine calves less than 12 weeks old from the animal market within 24 hours after the calves are sold.

(h) Comply with s. ATCP 12.045, related to animal transport vehicles.

(i) Refrain from commingling animals of different species in the same enclosure.

(j) Transport and handle animals in a safe and humane manner.

(k) Clearly separate market animals from any other livestock on the premises.

(L) Comply with 9 CFR Part 86 when moving cattle interstate or releasing cattle for interstate movement.

(m) Notify potential buyers of any swine that test positive for porcine reproductive and respiratory syndrome or the porcine epidemic diarrhea virus before those swine are presented for sale at the market.

(9) Construction requirements.

(a) Class A and Class E animal markets shall meet the following construction requirements:

1. Floors of all animal holding areas shall be sloped for proper drainage.

2. All animal contact areas shall be constructed so that they can be easily cleaned and sanitized. Earthen floors are not permitted, except in areas used only for species or individual animals that require earthen floors to prevent injury.

3. Animal contact areas shall be constructed so that there are no sharp edges or protrusions that can injure animals.

4. The animal market shall be equipped with an animal chute and head gate, which shall be adequate to restrain animals without injury. This requirement does not apply to an animal market used exclusively to sell equine animals or wild animals.

5. An animal market used for equine animals shall be equipped to restrain equine animals in a safe and humane manner.

6. An animal market used for wild animals shall be equipped with cages or pens that can confine the wild animals without injury in a safe and humane manner.

7. Livestock chutes, stocks, cages, and pens shall be adequately lighted to permit identification and testing of animals.

8. The animal market shall have pens that are adequate to confine all animals kept at the market.

(b) Class B animal markets shall meet the following construction requirements:

1. The animal market shall be equipped to restrain animals safely and effectively.

2. The animal market shall have adequate lighting for animal identification and testing.

3. Pens, if any, shall be large enough for the purpose used. The pens shall have no sharp edges or protrusions that could injure the animals.

(9m) Reinspection.

(a) The department may charge, to the holder of a license under this section, a reinspection fee of $150 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter, or ch. 95, Stats., noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter.

(b) A reinspection fee under par. (a) is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal market operator.

(10) Disease testing prior to movement from the market. If ch. ATCP 10 requires disease testing of an animal before the animal is moved from an animal market, the market operator shall keep that animal at the market premises until the results of the test are known.

(11) Prohibitions. An animal market operator may not:

(a) Commingle animals of different species within the same vehicle or enclosure.

(b) Accept delivery of livestock or wild animals from an unlicensed animal trucker or animal dealer, if the operator knows or has reason to know that the animal trucker or animal dealer is unlicensed.

(c) Deliver livestock or wild animals to an unlicensed animal trucker for transport or animal dealer, if the operator knows or has reason to know that the animal trucker or animal dealer is unlicensed.

History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; r. and recr. (1), (2) and (5), cr. (2m), (2r), (2w), (4) (h), am. (3) (g), (4) (b), (d), Register, March, 1995, No. 471, eff. 4-1-95; am. (2m) (a) and (b), Register, May, 1999, No. 521, eff. 6-1-99; r. (2) (e), (f) and (2r) (c), am. (2m) (a) 2. and (2r) (b), Register, November, 2000, No. 539, eff. 12-1-00; CR 03-121: r. and recr. Register September 2004 No. 585, eff. 10-1-04; CR 04-103: am. (1), cr. (3) (fm) Register September 2005, No. 597, eff. 10-1-05; CR 06-009: am. (4) (a) (intro.), (c), (7) (a) and (10) Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (4) (a) 1. to 3. Register June 2008 No. 630, eff. 7-1-09; CR 07-107: am. (1), r. (5), cr. (8) (j) Register November 2008 No. 635, eff. 12-1-08; r. (6) (a) 2. under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 11-048: am. (1), cr. (1m), am. (8) (b), (9) (a) 2., 5., 6., r. (9) (a) 9., (b) 4., cr. (9m), am. (11) (b) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (2) (b), (c) Register March 2014 No. 699, eff. 6-1-14; corrections in (4) (c), (d) made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699; CR 15-092: am. (1m) (intro.), (3) (c), (d), (f), cr. (7) (i) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (8) (g), cr. (8) (k) to (m), am. (11) (c) Register May 2020 No. 773, eff.6-1-20.

ATCP 12.03 Animal dealers.

(1) License required. Except as provided in sub. (2), no person may do any of the following as principal or agent without an animal dealer license from the department:

(a) Engage in the business of buying livestock or wild animals for resale, slaughter, or exchange.

(b) Engage in the business of selling or exchanging livestock or wild animals.

(d) Engage in the business of leasing out livestock or wild animals to others.

(2) License exemptions. Subsection (1) does not apply to any of the following:

(a) An employee of an animal dealer licensed under sub. (1) who acts solely on behalf of that licensed animal dealer.

(b) A farm operator who buys or exchanges livestock solely for dairy, breeding, or feeding operations on that farm, or who sells only livestock produced or raised on that farm.

(c) An animal market operator licensed under s. ATCP 12.02 or an employee of an animal market operator licensed under s. ATCP 12.02 who acts solely on behalf of that licensed animal market operator.

(d) The operator of a slaughtering establishment or an employee of a slaughtering establishment who buys livestock solely for slaughter at that slaughtering establishment.

(e) A person holding a license under s. 169.15, 169.18, 169.19, or 169.26, Stats., who buys, sells, or exchanges wild animals solely for breeding or feeding purposes as part of the licensed operation, provided that the person is not otherwise engaged in buying for resale, selling, exchanging, or leasing out livestock or wild animals.

(f) An auctioneer registered under ch. 480, Stats., who conducts only the following sales of livestock:

1. A farm auction sale at which no livestock are sold on consignment.

2. An auction sale conducted at a state, county, or district fair, or at a breed association show.

3. An auction sale conducted by a youth organization.

(3) License provisions. An annual license under sub. (1) expires on June 30 and is not transferable. If the animal dealer keeps livestock at animal dealer premises, the license shall bear a livestock premises code issued to the animal dealer under s. ATCP 17.02 (7).

(4) Applying for a license. An applicant for a license under sub. (1) shall apply on a form provided by the department. The application shall include all of the following:

(a) The person’s legal name, and any trade names under which the person does business as an animal dealer.

(b) Each address from which the person does business as an animal dealer.

(c) An annual registration application, under s. ATCP 12.045 (2), for each animal transport vehicle that the person operates.

Note: An animal dealer must register animal transport vehicles under s. ATCP 12.045, regardless of whether the animal dealer needs an animal trucker license under s. ATCP 12.04. An animal dealer needs an animal trucker license if the animal dealer transports livestock or wild animals for others, for hire.

(d) The fees required under sub. (5) and, if applicable, the fees under ss. ATCP 12.04 (4) and 12.045 (3).

(dm) Additional information, if any, required under s. ATCP 17.02 (4) for purposes of livestock premises registration.

(e) Other relevant information required by the department for licensing purposes.

Note: A person may obtain an application form under sub. (4) by calling (608) 224-4872, by visiting the department website at http://datcp.wi.gov, or by writing to the following address:

Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

(5) License fees.

(a) A person shall pay a basic nonrefundable annual fee of $220 for an animal dealer license under sub. (1).

(b) A person shall pay a license fee surcharge of $100 if the department determines that the person, within 365 days prior to submitting a license application under sub. (4), operated as an animal dealer without a license in violation of sub. (1).

(c) A person who is required to pay a license fee surcharge under par. (b) shall also pay any license fees that are due under this subsection for the license year in which the person violated sub. (1).

(d) Payment of a surcharge under par. (b) or fees under par. (c) does not relieve an animal dealer of other civil or criminal liability that may result from a violation of sub. (1), nor does it constitute evidence of a violation of sub. (1).

(7) Action on license application. The department shall grant or deny a license application within 30 business days after the applicant submits a complete application under sub. (4).

(8) Denying, suspending, or revoking a license. The department may deny, suspend, or revoke an animal dealer license for cause, pursuant to s. 93.06 (7), Stats. Cause may include any of the following:

(a) Violation of ch. 95, Stats., ch. ATCP 10, or this chapter.

(b) Violation of any lawful order of the department.