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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(b) Seller responsibilities. A person who sells or offers to sell a dog at a temporary dog market shall provide all of the following information to the operator of the temporary dog market:
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4. Documentation showing that the person complied with s. 95.21 (2) and with any applicable rules of the department relating to bringing dogs into this state. (14) Rules. (a) The department, in consultation with the advisory committee established under par. (b) shall promulgate rules to implement and administer this section.
(d) An advisory committee under par. (b) does not expire until 12 months after the rules are promulgated and shall make recommendations to the department for amendments to the rules.
4. Estimate of the amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule:
The Department estimates that it will use approximately .5 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. The Department will use existing staff to develop this rule.
5. Description of all entities that may be impacted by the rule:
The following entities must obtain a dog seller license under Wis. Stats. § 173.41 and may be affected by any rule modifications: • Any entity that sells 25 or more dogs in a year, from 3 or more litters (including a nonresident who brings dogs into this state for sale).
• Any entity that operates a dog breeding facility (a place at which dogs are bred and raised) from which 25 or more dogs, from 3 or more litters, are sold in a year.
• Any entity that operates an auction at which 50 or more dogs are sold or offered for sale in a year.
• Any entity that operates an animal shelter that is used to shelter at least 25 dogs in a year.
• Any entity that operates an animal control facility under a contract with a city, village, town, or county.
6. Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule:
Currently, the United States Department of Agriculture (USDA) licenses and inspects fewer than 50 kennels in Wisconsin selling puppies wholesale. USDA establishes minimum facility standards for those licensed facilities.
7. Anticipated economic impact
The Department expects the proposed rule to have no negative economic impact statewide and locally. Since dogs sellers who meet the definitions are already licensed and inspected, rule revisions will be designed to make clarifications or correct discrepancies identified in the rule.
Contact Person: Darlene Konkle, DVM, Assistant State Veterinarian, DATCP; Phone (608) 224-4902.
