Wisconsin Legislature: ATCP 16.28(3)

ATCP 16.26 Transporting dogs. A person who is required to be licensed under s. ATCP 16.02 (1), and that person’s employees and agents, shall comply with the following requirements related to the transportation of dogs:

(1) Portable enclosures. A portable enclosure used to transport one or more dogs, including any enclosure that is placed on or forms part of a transport vehicle, shall meet all of the following requirements:

(a) It shall be constructed of water-resistant and cleanable material.

(b) It shall be designed to keep all dogs within the enclosure clean and dry.

(d) It shall have ventilation openings to ensure the comfort and health of all dogs in the enclosure.

(e) It shall be securely closed when in use.

(f) It shall be cleaned and sanitized between occupancy by different dogs, and more often as necessary to keep it in a clean condition.

(g) When on a transport vehicle, it shall be all of the following:

1. Positioned so that each dog in the enclosure has access to sufficient air for normal breathing.

2. Positioned so that the opening through which dogs enter and exit the enclosure is accessible at all times for emergency removal of dogs from the enclosure.

3. Positioned so that all dogs in the enclosure are protected from the elements.

4. Positioned or protected so that no dog in the enclosure is exposed to excreta falling from above.

5. Secured as necessary to prevent reasonably foreseeable movement that may injure dogs.

(2) Care of dogs during transport. The following standards apply to dogs that are being transported:

(a) Each dog shall at all times be protected from hypothermia and hyperthermia. Transportation vehicles shall be heated or cooled, if necessary, to comply with this paragraph.

(b) Each dog shall have sufficient space to turn, stand and lie down, except that this requirement does not apply to dogs transported during dog training, dog trialing, and hunting.

(d) Dogs shall be separated from each other if separation is required by s. ATCP 16.20 (5).

(e) Each dog shall be visually inspected every 4 hours.

(f) Each dog carried in a transport vehicle shall be removed from the vehicle at least once every 12 hours, and be allowed to urinate, defecate, and exercise, unless the vehicle is equipped to meet the urination, defecation, and exercise needs of all dogs being transported.

(g) Each dog carried in a transport vehicle shall be removed in a timely fashion from that vehicle when the vehicle reaches the destination to which it is transporting the dog, so that the dog can urinate, defecate, and exercise.

(3) Transport vehicles. The following standards apply to a transport vehicle that is used to transport dogs:

(a) The vehicle shall provide fresh or filtered air as necessary, without injurious drafts, to all dogs that are transported in the vehicle.

(b) The dog cargo space shall be constructed and maintained to minimize the ingress of exhaust from the vehicle’s engine.

History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; correction in (2) (d) made under s. 13.92 (4) (b) 7., Stats., Register May 2011 No. 665.

ATCP 16.28 Prohibited conduct. No person who is required to be licensed under s. ATCP 16.02 (1) may do any of the following, either directly or through an employee or agent:

(1) Prevent a department employee from performing his or her official duties under this chapter, or interfere with the lawful performance of those duties.

(2) Physically assault a department employee while the employee is performing his or her official duties under this chapter.

(3) Refuse or fail, without just cause, to produce required records or respond to a department subpoena or investigative demand related to any matter under this chapter.

(4) Violate s. 95.13 or 95.19, Stats.

(5) Accept custody or control of a dog from any person, knowing that the person is required to be licensed under s. ATCP 16.02 (1) to convey custody or control of that dog but is not licensed, unless all of the following apply:

(a) The person accepts custody or control of the dog to protect its health, safety or welfare.

(b) The person promptly reports the acceptance to the department, and provides any relevant information that the department requests concerning the transaction.

Note: A person may make a report under sub. (5) (b) to the following address:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Animal Health

P.O. Box 8911

Madison, WI 53708-8911

Phone: (608) 224-4872

Fax: (608) 224-4871

(6) Convey custody or control of a dog to a person who is required to be licensed under s. ATCP 16.02 (1) but has failed to obtain the required license.

History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; corrections in (1), (2), (3), (4), (5) made under s. 13.92 (4) (b) 1., Stats., Register May 2011 No. 665; CR 18-032: am. (x) Register October 2019 No. 766, eff. 11-1-19; CR 18-032: cr. (6) Register October 2019 No. 766, eff. 11-1-19.

ATCP 16.30 Variances. The department may, in response to a written request, grant a variance from a standard under s. ATCP 16.20 (7), 16.22, 16.24, or 16.26 if the department finds that the variance is reasonable and necessary under the circumstances and will not compromise the purpose served by the standard. The variance shall be issued in writing, shall include the department’s findings, and shall include the specific terms of the variance including any time limit on the variance. A request for a variance shall include information to show that the variance is justified under this section.

History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; CR 18-032: am. Register October 2019 No. 766, eff. 11-1-19.