Statement of Scope
Department of Agriculture, Trade and Consumer Protection (DATCP)
Rule No.: | Ch. ATCP 16, Wis. Adm. Code (Existing) |
Relating to: | Dog Sellers and Dog Facility Operators |
1. Description of the objective of the rule:
This proposed rule may modify current animal health rules related to the dog sellers and facility operators program established pursuant to Wis. Stats. § 173.41. 2. Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives; the history, background and justification for the proposed rule:
History and background. The dog sellers and dog facility operator program went into effect on June 1, 2011. This program licenses animal control facilities, animal shelters that: (1) shelter at least 25 dogs, (2) dog breeders that sell 25 or more dogs from more than 3 litters, (3) dog breeding facilities from which 25 or more dogs are sold in a year, (4) dog dealers who sell, distribute, trade, or offer for sale, distribution, or trade, 25 or more dogs in a year, and out of state dog dealers who are not residents of this state and (5) who bring 25 or more dogs into this state for sale here in a year. With this license, the Department inspects facilities, establishes health requirements for selling dogs, defines the age that a dog may be sold, and defines standards of care including enclosure and exercise requirements, vaccinations, record keeping and requirements for temporary dog markets.
The rules established for this program have not been modified since the program was created. Division staff have discovered provisions in the administrative rule that are unclear or need additional direction. Many of these discoveries were made while implementing programs with requirements codified in Wis. Admin. Code ch. ATCP 16, based on contacts with individuals licensed through the division and veterinarians. The following statutes in Wis. Admin. Code ch. ATCP 16 will be reviewed to address these issues, and may be modified as a result (the statutory authority to make rules in these areas is noted): 2. Health requirements for selling dogs (see Wis. Stats.§§ 173.41 (8) and (14)). As required under Wis. Stats. § 173.41 (14), Wis. Stats., the Department convened an advisory committee to initially develop the rules under Wis. Admin. Code ch. ATCP 16. The Department reconvened the advisory committee in 2012 to review the rules again and make any recommendations for necessary changes to the rule. After meeting its statutory obligation, the advisory committee expired per statutory provisions and is no longer active. Policy Alternatives. The Department may take no action. If the Department does not review the current rule and make modifications that have been identified as necessary during the years of implementation of the program, the current rule would stay in effect.
3. Statutory authority for the rule (including the statutory citation and language):
93.07 Department duties. It shall be the duty of the department:
(1) REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs. 93 to 100, which regulations shall have the force of law.
173.41 Regulation of persons who sell dogs or operate animal shelters.
(3) LICENSE FEES. (a) Except as provided under par. (b) or (c), the annual fee for a license under sub. (2) is as follows:
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(c) The department may promulgate rules specifying fees for licenses under sub. (2) that are higher than the fees in pars. (a) and (b) if necessary to cover the costs of administering this section.
(6) INSPECTIONS.
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(c) The department may charge a fee for an inspection that it undertakes to determine whether a previous violation of this section or rules promulgated under this section has been corrected.
(d) An inspection fee under par. (c) is due upon written demand from the department. Unless otherwise specified by the department by rule, the fee for an inspection under par. (c) is $150
(12) TEMPORARY DOG MARKETS.
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