ATCP 16.01 History
History: CR 10-100: cr.
Register May 2011 No. 665, eff. 6-1-11;
CR 18-032: am. (3), cr. (4m), am. (7) (a), (9)
Register October 2019 No. 766, eff. 11-1-19.
ATCP 16.02
ATCP 16.02
Dog sellers and dog facility operators; license. ATCP 16.02(1)(1)
License required. Except as provided in s.
ATCP 16.04, no person may do any of the following activities or combination of activities in any license year without an annual license from the department:
ATCP 16.02(2)
(2)
License expiration. An annual license under sub.
(1) expires on September 30.
License not transferable.
ATCP 16.02(3)
(3) A license under sub.
(1) is not transferable between persons or locations.
ATCP 16.02 Note
Note: Because a license is not transferable between locations, a licensed entity that moves to a new location must apply for a new license prior to operating under sub. (1) at the new location.
ATCP 16.02(4)(a)(a) A license holder under sub.
(1) shall post a copy of the license at each location, identified in the license application under s.
ATCP 16.06, at which the license holder keeps dogs pursuant to the license. The license holder shall post the license copy in a prominent place that is readily visible to persons entering that location.
ATCP 16.02(5)
(5)
License number included in advertisement. A license holder under sub.
(1) who advertises to sell dogs in this state shall include that person's license number in each advertisement.
ATCP 16.02 History
History: CR 10-100: cr.
Register May 2011 No. 665, eff. 6-1-11;
CR 18-032: am. (1) (intro.)
Register October 2019 No. 766, eff. 11-1-19.
ATCP 16.04
ATCP 16.04
Persons exempt from licensing. The following persons are exempt from licensing under s.
ATCP 16.02 (1), to the extent that they are engaged only in the following activities:
ATCP 16.04(1)
(1)
Veterinarian. A veterinarian who keeps dogs for the purpose of providing care or treatment in the normal course of veterinary practice, within the scope of the veterinarian's license under ch.
89, Stats.
ATCP 16.04(2)
(2)
Person conducting one-time sale of his or her dogs. A person who sells his or her dogs at a one-time liquidation sale if all of the following apply:
ATCP 16.04(2)(a)
(a) The person notifies the department of the proposed liquidation sale at least 30 days prior to the start of the sale. The notice shall identify the number of dogs that the person will offer for sale, the location at which the person keeps those dogs, and the starting date of the sale.
ATCP 16.04(2)(b)
(b) The person, at the start of the liquidation sale and throughout the sale, offers to sell all of the dogs that the person owns and keeps at the location identified under par.
(a).
ATCP 16.04(2)(c)
(c) The person owns and keeps, at the location identified under par.
(a), no more than 30 dogs at the start of the liquidation sale or at any time during the liquidation sale.
ATCP 16.04(2)(d)
(d) The person does not move any other dogs to the location identified under par.
(a) during the liquidation sale.
ATCP 16.04(2)(e)
(e) The person does not permit other persons to sell their dogs from the location identified under par.
(a) during the liquidation sale.
ATCP 16.04(2)(f)
(f) The person was not licensed under s.
ATCP 16.02 (1) during the preceding license year, and did not conduct a sale under this subsection during the preceding license year.
ATCP 16.04(3)
(3)
Operator of temporary dog market. The operator of a temporary dog market if the operator does all of the following:
ATCP 16.04(3)(a)
(a) Gives the department written notice of the temporary dog market, at least 10 days prior to the start of the market. The notice shall include the location of the market, the beginning and ending dates of the market, and the approximate number of sellers who may bring dogs to the market.
ATCP 16.04(3)(b)
(b) Provides adequate facilities for, and takes reasonable steps to ensure, humane treatment of all dogs kept at the market.
ATCP 16.04(3)(c)
(c) 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 2 or more consecutive days.
ATCP 16.04(3)(d)
(d) Obtains all of the following information from each person who brings one or more dogs to the market, before the dogs enter the market premises:
ATCP 16.04(3)(d)4.
4. A description of each dog that the person brings to the market, including the dog's breed or type, sex, date of birth, or approximate age, color, and any distinctive markings. If the person brings a dog on behalf of another person, or brings a dog that the person has purchased from another person, the description shall indicate that fact and shall include the name and address of that other person.
ATCP 16.04(3)(d)5.
5. Documentation showing that each dog that the person brings to the market has received a rabies vaccination if required under s.
95.21 (2), Stats., and, if the dog has been imported into this state, has been imported in compliance with s.
ATCP 10.80.
ATCP 16.04(3)(e)
(e) Keeps the information required under par.
(d) for at least 5 years, and makes that information available to the department for inspection and copying upon request.
ATCP 16.04(3)(f)
(f) Allows the department to inspect the temporary dog market during market hours.
ATCP 16.04 Note
Note: A person may obtain a one-time liquidation sale or temporary dog market form by calling (608) 224-4872, by visiting the department website at
https://www.datcp.wi.gov or by writing to the following address:
ATCP 16.04 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
ATCP 16.04 Note
Division of Animal Health
ATCP 16.04 Note
P.O. Box 8911
ATCP 16.04 Note
Madison, WI 53708-8911
ATCP 16.04 History
History: CR 10-100: cr.
Register May 2011 No. 665, eff. 6-1-11; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register October 2015 No. 718;
CR 18-032: am. (1), cr. (2) (g)
Register October 2019 No. 766, eff. 11-1-19.
ATCP 16.06
ATCP 16.06
Applying for a license. A person shall apply for a license under s.
ATCP 16.02 (1) on a form provided by the department. The application shall include all of the following:
ATCP 16.06(1)
(1) The applicant's legal name and any business names under which the applicant may engage in an activity for which the license is required.
ATCP 16.06(3)
(3) The address of each location, other than the residence of a home custody service provider under s.
ATCP 16.14 (2), at which the applicant may keep dogs in this state pursuant to the license. If an identified location is an animal control facility, animal shelter or dog breeding facility, the application shall disclose that fact.
ATCP 16.06(4)
(4) A statement indicating whether, in connection with the applicant's licensed operation, the applicant may consign any dogs to individuals for home custody under s.
ATCP 16.14 (2).
ATCP 16.06(6)
(6) The total number of dogs that the applicant sold during the preceding license year from all locations identified under sub.
(3) other than from animal control facilities and animal shelters. If the applicant did not sell any dogs from those locations during the preceding license year, the applicant shall report the total number of dogs that the applicant expects to sell from those locations during the license year for which application is made.
ATCP 16.06(8)
(8) If the applicant applies to be licensed as an out-of-state dog dealer, copies of all of the following:
ATCP 16.06(8)(a)
(a) Any dog seller's license that the person is required to hold in the state from which that person operates in this state as an out-of-state dog dealer.
ATCP 16.06(8)(b)
(b) Any dog seller's license that the person is required to hold under federal law.
ATCP 16.06 Note
Note: A person may obtain a license by calling (608) 224-4872, by visiting the department website at
https://www.datcp.wi.gov or by writing to the following address:
ATCP 16.06 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
ATCP 16.06 Note
Division of Animal Health
ATCP 16.06 Note
P.O. Box 8911
ATCP 16.06 Note
Madison, WI 53708-8911
ATCP 16.06 History
History: CR 10-100: cr.
Register May 2011 No. 665, eff. 6-1-11; corrections in (3) and (4) made under s.
13.92 (4) (b) 7., Stats.,
Register May 2011 No. 665.
ATCP 16.08
ATCP 16.08
License fees and surcharges. A license application under s.
ATCP 16.06 shall include all of the following nonrefundable fees and surcharges, as applicable:
ATCP 16.08(1)
(1) A license fee of $250 for each animal shelter or animal control facility that the applicant may operate during the license year. If the applicant operates a combined animal shelter and animal control facility at the same location, the $250 fee for that location covers the combined operations.
ATCP 16.08 Note
Note: The fee under sub. (2) is based on the total number of dogs sold by the applicant, regardless of the number of locations from which the applicant makes those sales.
ATCP 16.08(3)
(3) If the applicant is an out-of-state dog seller, a fee that is 150 percent of the fee calculated under sub.
(2).
ATCP 16.08(4)
(4) A late renewal surcharge equal to 20 percent of all applicable license fees required under subs.
(1) to
(3) if the applicant seeks to renew a license after that license has expired.
ATCP 16.08(5)
(5) A surcharge equal to the total of all applicable license fees required under subs.
(1) to
(3) if the department determines that any of the following apply:
ATCP 16.08(5)(a)
(a) Within 365 days prior to submitting the license application, the applicant operated without a license required under s.
ATCP 16.02 (1).
ATCP 16.08(5)(b)
(b) The applicant knowingly misrepresented information in the applicant's license application for the preceding license year, in order to avoid payment of any required license fees.
ATCP 16.08 Note
Note: A surcharge payment under sub. (5) does not relieve the applicant of any other penalties or liabilities that the applicant may incur as a result of any act or omission under sub. (5), but does not constitute evidence of a law violation.
ATCP 16.08 History
History: CR 10-100: cr.
Register May 2011 No. 665, eff. 6-1-11;
CR 18-032: am. (4), (5) (intro.)
Register October 2019 No. 766, eff. 11-1-19;
CR 21-061: am. (1), (2) (a) to (d) Register May 2022 No. 797, eff. 6-1-22.
ATCP 16.10
ATCP 16.10
Issuing or withdrawing a license. ATCP 16.10(1)(1)
Timely action on license application. The department shall grant or deny a license application under s.
ATCP 16.06 within 30 business days after all of the following have occurred:
ATCP 16.10(1)(a)
(a) The department has received a complete application, including all required fees and surcharges.
ATCP 16.10(2)(a)
(a) The department may deny a license application under s.
ATCP 16.06 or suspend or revoke a license issued under s.
ATCP 16.02 (1) if the applicant or license holder fails to comply with applicable licensing requirements; is not fit, qualified or equipped to conduct the activity for which the license is required; has violated or failed to obey a relevant law, order, or regulation; or has misrepresented or failed to disclose any material fact in a license application.
ATCP 16.10(2)(b)
(b) Whenever the department denies, suspends, or revokes a license under par.
(a), the department shall give the applicant or license holder a written notice that does all of the following:
ATCP 16.10(2)(b)2.
2. Notifies the applicant or license holder that he or she may request a hearing on the denial, suspension, or revocation by filing a written request with the department within 10 days after receiving the notice. The department shall promptly consider the hearing request, following the procedures set forth in ch.
ATCP 1.
ATCP 16.10(3)
(3)
Conditional license. The department may issue a license under s.
ATCP 16.02 (1) on a conditional basis, contingent upon pertinent circumstances or acts. If a license is conditioned upon compliance with specific requirements within a specific time period, and the license holder fails to comply with those requirements within that time period, the license is void.
ATCP 16.10(4)(a)
(a) The department may by written notice, without prior notice or hearing, suspend a license issued under s.
ATCP 16.02 (1) if the department finds any of the following based on reasonable evidence:
