Chapter ATCP 16

ATCP 16.16 Note Wisconsin Department of Agriculture, Trade and Consumer Protection

ATCP 16.16 Note Division of Animal Health

ATCP 16.16 Note P.O. Box 8911

ATCP 16.16 Note Madison, WI 53708-8911

ATCP 16.16 Note Phone: [phone]

ATCP 16.16 Note Fax: [phone]

ATCP 16.16(4) (4) Contents. A certificate of veterinary inspection under sub. (1) shall include all of the following information:

ATCP 16.16(4)(a) (a) The name and address of the person selling the dog.

ATCP 16.16(4)(b) (b) The breed, sex, and age of the dog.

ATCP 16.16(4)(c) (c) Whether the dog is spayed, neutered, or sexually intact.

ATCP 16.16(4)(d) (d) The vaccinations administered by the veterinarian completing the certificate of veterinary inspection, including all of the following:

ATCP 16.16(4)(d)1. 1. The name of the vaccine manufacturer.

ATCP 16.16(4)(d)2. 2. The vaccine serial number and lot number.

ATCP 16.16(4)(d)3. 3. The date on which the vaccine was administered.

ATCP 16.16(4)(d)4. 4. The name of the veterinarian who administered the vaccine.

ATCP 16.16(4)(e) (e) The information required under s. ATCP 10.80 on the certificate of veterinary inspection that accompanied a dog imported into this state.

ATCP 16.16(4)(f) (f) If the dog is sold at public auction, and is not spayed or neutered, documentation showing that the dog has tested negative on a brucellosis test conducted within 30 days prior to the sale using a test method approved by the department.

ATCP 16.16 Note Note: Approved brucellosis test methods may be obtained by contacting the department online at: https://www.datcp.wi.gov or by contacting the department at the following address:

ATCP 16.16 Note Wisconsin Department of Agriculture, Trade and Consumer Protection

ATCP 16.16 Note Division of Animal Health

ATCP 16.16 Note P.O. Box 8911

ATCP 16.16 Note Madison, WI 53708-8911

ATCP 16.16 Note Phone: [phone]

ATCP 16.16 Note Fax: [phone]

ATCP 16.16(4)(g) (g) The following statement, or a substantially similar statement, that is based on at least a brief personal examination by the veterinarian making the statement:

“I certify, as a veterinarian, that I have inspected the dogs identified on this certificate and that the dogs are not showing any sign of infectious, contagious or communicable disease, except as otherwise noted on this certificate. Vaccinations and test results are as indicated on this certificate. This certificate is not a warranty.”

ATCP 16.16 Note Note: Pursuant to s. 95.19, Stats., a heartworm positive dog may not be sold, transported or exhibited as it is considered to have an infectious, contagious or communicable disease.

ATCP 16.16(4)(h) (h) The veterinarian’s signature and the date of signature.

ATCP 16.16(5) (5) Issuance and expiration.

ATCP 16.16(5)(a) (a) A veterinarian who signs a certificate of veterinary inspection under sub. (1) shall sign that certificate within 10 days after the veterinarian completes the examination on which the certificate is based. The certificate is valid for 30 days after the date on which the veterinarian completes the examination on which the certificate is based.

ATCP 16.16(6) (6) Distribution. Each of the following persons shall receive a copy of each certificate of veterinary inspection under sub. (1):

ATCP 16.16(6)(a) (a) The person buying the dog.

ATCP 16.16(6)(b) (b) The person selling the dog.

ATCP 16.16(6)(c) (c) The veterinarian who issues the certificate.

ATCP 16.16(7) (7) Re-using a certificate.

ATCP 16.16(7)(a) (a) If a dog is sold again prior to the expiration of a certificate of veterinary inspection previously issued for the same dog, the unexpired certificate may accompany the resold dog. The original certificate may not be amended and no new certificate is required for the resale, provided that both of the following apply:

ATCP 16.16(7)(a)1. 1. The new seller keeps a copy of the certificate.

ATCP 16.16(7)(a)2. 2. The new buyer receives a copy of the certificate.

ATCP 16.16(7)(b) (b) A veterinarian may incorporate information from a prior unexpired certificate of veterinary inspection for the same dog, but shall include the information required under sub. (4) (e), if applicable. The veterinarian shall include the following statement or a substantially similar statement on the new certificate:

“The (identify pertinent information incorporated from the prior certificate) on this certificate has been duplicated from the attached certificate of veterinary inspection issued by (name of veterinarian who issued the prior certificate) at (address) on (date).”

ATCP 16.16 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; CR 18-032: am. (title), (1), (2), (3) (a), (4) (d) (intro.), 4., (4) (e), (f), (7) (a) (intro.), r. (7) (a) 1., renum. (7) (a) 2., 3. to 1., 2. and am., am. (7) (b) Register October 2019 No. 766, eff. 11-1-19; correction in (2) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 16.18 ATCP 16.18 Age at which dogs may be sold. A person who is required to be licensed under s. ATCP 16.02 (1) may not, in connection with the sale of a dog, transfer that dog to the physical custody of the buyer unless the dog is at least 7 weeks old.

ATCP 16.18 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; CR 18-032: cons. and renum. (intro.) and (1) to ATCP 16.18 and am., r. (2), (3) Register October 2019 No. 766, eff. 11-1-19.

ATCP 16.19 ATCP 16.19 Dog imports. No person may import any dog into this state unless it meets the requirements under s. ATCP 10.80.

ATCP 16.19 History History: CR 18-032: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 16.20 ATCP 16.20 Dog care; general. The following standards of care apply to all dogs kept pursuant to a license under s. ATCP 16.02 (1), including any dogs that the license holder consigns to a home custody provider:

ATCP 16.20(1) (1) Food and water.

ATCP 16.20(1)(a) (a) Each dog shall be fed at least once a day, unless another schedule is needed to maintain or restore the dog’s health.

ATCP 16.20(1)(b) (b) The size and nutritional content of a dog’s daily food ration shall be based on dog’s age, condition, size, and weight.

ATCP 16.20(1)(c) (c) Dog food shall be wholesome, uncontaminated, and palatable. Dog food shall be stored in a manner that keeps it wholesome, uncontaminated, and palatable. Food storage containers shall be kept clean and free of contaminants.

ATCP 16.20(1)(d) (d) All dogs shall have adequate access to water during the course of the day to keep the dogs well-hydrated at all times. Water shall be fluid, potable, and uncontaminated.

ATCP 16.20(1)(e) (e) Food and water shall be provided under this subsection in durable containers, except that food may be provided in a nondurable container if the container is discarded after a single use.

ATCP 16.20(1)(f) (f) Water containers, non-disposable food containers and non-disposable utensils shall be cleaned with an appropriate detergent, rinsed, and sanitized with an appropriate sanitizer as often as necessary but at least once a week to keep them free of accumulated dirt, debris, and disease hazards.

ATCP 16.20(2) (2) Animal health and veterinary care.

ATCP 16.20(2)(a) (a) Each dog shall be handled as carefully as practicable and in a humane manner that does not cause physical harm or unnecessary injury.

ATCP 16.20(2)(b) (b) The responsible caretaker on the premises, or an individual implementing a caretaker’s oral or written instructions, shall perform daily body, mobility, and behavior checks on each dog.

ATCP 16.20(2)(c) (c) Any dog that has or is suspected of having a communicable disease shall be kept physically separated from other susceptible animals to prevent the disease from spreading to those animals.

ATCP 16.20(2)(d) (d) Each dog shall be groomed as necessary to maintain dog health, comfort and welfare, including preventing abnormal matted hair and overgrown nails, and allowing freedom of movement and normal bodily functions.

ATCP 16.20(2)(e) (e) A licensed veterinarian shall examine each dog as often as necessary to ensure adequate health care. The examining licensed veterinarian shall use appropriate methods to prevent, control, diagnose, and treat diseases and injuries. The license holder shall follow the veterinarian’s recommendations.

ATCP 16.20(2)(f) (f) Sick, diseased or injured dogs shall be provided with timely veterinary care or shall be euthanized by a method described in Appendix 1 to the AVMA Guidelines for the Euthanasia of Animals: 2013 Edition published by the American Veterinary Medical Association.

ATCP 16.20 Note Note: Copies of the AVMA Guidelines for the Euthanasia of Animals: 2013 Edition published by the American Veterinary Medical Association are on file with the Department and the Legislative Reference Bureau and may be obtained online at https://www.avma.org/KB/Policies/Documents/euthanasia.pdf or from the American Veterinary Medical Association at the following address:

ATCP 16.20 Note American Veterinary Medical Association

ATCP 16.20 Note 1931 N. Meacham Rd

ATCP 16.20 Note Suite 100

ATCP 16.20 Note Schaumburg, IL 60173-4360

ATCP 16.20(2)(g) (g) The department may, by written notice, require a person holding a license under s. ATCP 16.02 (1) to submit a dog for examination by a licensed veterinarian within a specified time period if the department finds, based on its inspection, that the dog is exhibiting signs of illness, injury, or neglect.

ATCP 16.20(3) (3) Housing and transportation.

ATCP 16.20(3)(a) (a) Except as provided in par. (c) and subs. (7), (8) and (9), dogs shall be kept in facilities that comply with ss. ATCP 16.22 and 16.24.

ATCP 16.20(3)(b) (b) Dogs shall be transported in compliance with s. ATCP 16.26.

ATCP 16.20(3)(c) (c) Paragraph (a) does not apply to a facility that is used only for the purpose of breeding, raising and selling dogs for scientific research, provided that all of the following apply:

ATCP 16.20(3)(c)1. 1. The license holder was using that facility solely for that purpose on June 1, 2011, and any primary enclosures added or materially reconstructed since that date comply with ss. ATCP 16.22 and 16.24.

ATCP 16.20(3)(c)2. 2. The dogs are sold from the facility at which they are bred and raised.

ATCP 16.20(3)(c)3. 3. The dogs are sold only to animal care facilities licensed or registered by the United States department of agriculture or other countries’ equivalent, and are not resold to any other person.

ATCP 16.20(3)(c)4. 4. The dogs are kept in enclosures that comply with 9 CFR, Chapter I, subchapter A (animal welfare).

ATCP 16.20(4) (4) Exercise. A dog shall be allowed reasonable daily exercise, based on the dog’s breed, size, age and health condition. Dogs shall have daily access to an indoor or outdoor run or exercise area where they can achieve a running stride. Repetitive unsupervised physical activity, such as unsupervised placement on a moving treadmill, which prevents a dog from engaging in other activities, shall be avoided except for good cause.

ATCP 16.20(5) (5) Dog grouping and separation.

ATCP 16.20(5)(a) (a) Dogs shall be separated, as necessary, into compatible groups.

ATCP 16.20(5)(b) (b) Females in season (estrus) may not be kept with sexually intact males in the same primary enclosure, or kept without separation from sexually intact males in any confined area, except for breeding purposes.

ATCP 16.20(5)(c) (c) Dogs exhibiting potentially harmful aggressive behavior shall be separated from other dogs.

ATCP 16.20(5)(d) (d) Puppies under 4 months old may not be kept with adult dogs other than their dam or foster dam in the same primary enclosure or other confined area, unless under direct supervision.

ATCP 16.20(6) (6) Behavior and socialization.

ATCP 16.20(6)(a) (a) All dogs shall have daily, full-body physical contact with other compatible dogs, except where such contact must be avoided for good cause.

ATCP 16.20(6)(b) (b) All dogs shall have daily positive human contact and socialization, not limited to feeding time.

ATCP 16.20(6)(c) (c) All dogs shall have safe play objects or other effective forms of inanimate enrichment in their primary enclosures, except where such objects or enrichment must be denied for good cause.

ATCP 16.20(6)(d) (d) Dogs may not be deprived of contact, activity, or enrichment under this section for extended periods, except for good cause.

ATCP 16.20(6)(e) (e) A license holder under s. ATCP 16.02 (1) shall have a written plan for meeting the requirements under this subsection, and shall instruct employees and agents on the terms of that plan.

ATCP 16.20(7) (7) Whelping enclosures.

ATCP 16.20(7)(a) (a) General. Outdoor whelping enclosures are prohibited unless a variance is granted from the department.

ATCP 16.20(7)(b) (b) Whelping enclosure. An indoor primary enclosure for a single whelping dam and her puppies shall comply with all of the following requirements, rather than the requirements under s. ATCP 16.22 (2) or (3):