Wisconsin Legislature: ATCP 16.10(2)(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.

(b) Any dog seller’s license that the person is required to hold under federal law.

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:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Animal Health

P.O. Box 8911

Madison, WI 53708-8911

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 License fees and surcharges. A license application under s. ATCP 16.06 shall include all of the following nonrefundable fees and surcharges, as applicable:

(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.

(2) The following fee based on the number of dog sales reported under s. ATCP 16.06 (6):

(a) $550 if the number is at least 25 but less than 50.

(b) $1,100 if the number is at least 50 but less than 100.

(d) $2,200 if the number is at least 250.

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.

(3) If the applicant is an out-of-state dog seller, a fee that is 150 percent of the fee calculated under sub. (2).

(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.

(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:

(a) Within 365 days prior to submitting the license application, the applicant operated without a license required under s. ATCP 16.02 (1).

(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.

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.

(6) Any unpaid reinspection fee properly charged under s. ATCP 16.12 (6).

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 Issuing or withdrawing a license.

(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:

(a) The department has received a complete application, including all required fees and surcharges.

(b) The department has completed any pre-license inspection required under s. ATCP 16.12 (2).

(2) Denying, suspending or revoking a license.

(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.

(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:

1. Specifies the reasons for the denial, suspension, or revocation.

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.

(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.

(4) Summary license suspension.

(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:

1. That the license holder or the license holder’s employee or agent has violated this chapter, and that the violation imminently threatens the health, safety, or welfare of any dog.

2. That the license holder or the license holder’s employee or agent has committed an act of animal cruelty in violation of ch. 951, Stats.

(b) A suspension notice under par. (a) shall include the notice required under sub. (2) (b).

(c) A suspension notice under par. (a) may specify a reinspection date, and may specify conditions that must be met in order for the license to be reinstated.

(d) The department may at any time reinstate a license that has been summarily suspended under this subsection if the department finds that circumstances warrant reinstatement.

History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11.

ATCP 16.12 Inspecting licensed operations.

(1) General.

(a) The department may at any time during reasonable hours inspect any place at which a person who is required to be licensed under s. ATCP 16.02 (1) engages in any activity for which that license is required, regardless of whether that person owns or operates that place.

(2) Pre-license inspections. Before the department licenses a person to keep dogs at a location identified under s. ATCP 16.06 (3) at which the person was not previously licensed to keep dogs, the department shall inspect that location. The department shall conduct the inspection within 60 business days after the department receives a complete license application under s. ATCP 16.06.

(3) Biennial inspections. The department shall inspect, at least once in every 2 license years, each location identified under s. ATCP 16.06 (3) at which a license holder is licensed to keep dogs.

(4) Scope of inspection. An inspection required under sub. (2) or (3) shall examine compliance with applicable requirements under this chapter, including applicable requirements related to recordkeeping, dog health, and standards of care.

(5) Inspection report.

(a) Whenever the department performs an inspection under this section, the department shall provide the license applicant or license holder with a written inspection report.

(b) A license holder who keeps dogs at any location identified under s. ATCP 16.06 (3) shall post a copy of the most recent inspection report related to that location in a prominent place at that location. The inspection report shall be posted so that it can be easily noticed and read by persons visiting the licensed location.

(6) Reinspection fees. The department may charge, to the holder of a license under s. ATCP 16.02 (1), a reinspection fee of $400 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter, 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.

History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; CR 21-061: am. (6) Register May 2022 No. 797, eff. 6-1-22.

ATCP 16.14 Records kept by license holders.

(1) General. A person who is required to be licensed under s. ATCP 16.02 (1) shall keep all of the records required under this section. The person shall keep the records, in written or readily readable electronic form, at the principal business location identified under s. ATCP 16.06 (2). The person shall retain the records for at least 5 years after they are made, and shall make them available to the department for inspection and copying upon request.

(2) Dog locations. A person licensed under s. ATCP 16.02 (1) shall keep a record of each location at which dogs are kept pursuant to the license. The record shall include the address of each location, and the name of the individual responsible for administering that location. If the license holder consigns a dog to a home custody provider, the license holder shall record the name and address of that individual.

(3) Dog records. A person licensed under s. ATCP 16.02 (1) shall keep all of the following records related to each dog over which that person exercises custody or control at any time during the license year, including any dog that the person consigns to a home custody provider:

(a) A description of the dog including the dog’s breed or type, sex, date of birth or approximate age, color, and distinctive markings.

(b) The location at which the dog is kept, including the address of any home custody provider.

(c) Any United States department of agriculture official identification assigned to the dog and any other identification tag, tattoo, or microchip information.

(d) A statement that the dog was born under the license holder’s custody or control, if that is the case.

(e) All of the following information if the dog was not born under the license holder’s custody or control:

1. The date on which the license holder acquired custody or control over the dog.

2. The identity of the person from whom the license holder acquired custody or control of the dog. The record shall include the person’s name, address, and United States department of agriculture animal care facility license or registration number if any.

(f) All of the following information if the dog is no longer under the license holder’s custody or control:

1. The date on which the dog left the license holder’s custody or control.

2. The disposition of the dog.

3. The identity of the person, if any, to whom the license holder transferred custody or control of the dog.

(g) A copy of any certificate of veterinary inspection that accompanied the dog when it entered or left the license holder’s custody or control.

(h)

1. Health records related to the dog, including observation and treatment records and whether the health care was administered by the license holder or by a licensed veterinarian.

2. Vaccination records related to the dog. The vaccination record shall identify each type of vaccination that the dog has received. For each type of vaccination, the record shall include all of the following:

a. The name of the vaccine manufacturer.

b. The vaccine serial number and lot number.

c. The date on which the vaccine was administered.

d. The name of the person who administered the vaccine.

(i) Breed registration records if any.

(4) Behavior and socialization plan. A person who is required to be licensed under s. ATCP 16.02 (1) shall keep a copy of the behavior and socialization plan required under s. ATCP 16.20 (6) (e).

History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; correction in (2) made under s. 13.92 (4) (b) 7. Stats., Register May 2011 No. 665; CR 18-032: am. (3) (b), renum. (3) (h) to (3) (h) 1. and am., cr. (3) (h) 2. Register October 2019 No. 766, eff. 11-1-19.

ATCP 16.15 Dog sales; general. Whenever a person who is required to be licensed under s. ATCP 16.02 (1) sells a dog in this state, the dog shall be accompanied by all of the following:

(1) A valid certificate of veterinary inspection under s. ATCP 16.16.

(2) All vaccination records required under s. ATCP 16.14 (3) (h) 2.

History: CR 18-032: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (intro.) made under s. 35.17., Stats., Register October 2019 No. 766.

ATCP 16.16 Certificate of veterinary inspection.

(1) Dog sales. A valid certificate of veterinary inspection required to sell a dog under s. ATCP 16.15 (1) shall meet all of the requirements under this section. A single certificate may cover more than one dog.

(2) Who may issue. A certificate of veterinary inspection under sub. (1) shall be prepared and signed by a Wisconsin certified veterinarian described under s. ATCP 10.05, except that a certificate accompanying a dog imported into this state shall be issued by an accredited veterinarian, as defined under s. ATCP 10.01 (2).

(3) Form.

(a) A certificate of veterinary inspection shall be issued on a form provided or approved by the department.

(b) A Wisconsin certified veterinarian may obtain Wisconsin certificate of veterinary inspection forms from the department, as provided under s. ATCP 10.06 (3) (b).