CR 18-032 Initial Regulatory Flexibility Analysis

1. Whelping enclosures must be indoors unless a variance is granted from the Department. Other enclosure requirements remain the same as the current rule.

2. Nursery enclosures must be indoors unless outdoor temperatures are adequate so as to not adversely affect the health of the puppies. The rule provides direction for maintaining adequate shade in the nursery during sunlight hours to prevent heat stress and avoid inclement weather. Other enclosure requirements remain the same as the current rule.

3. Temporary enclosures for one dog must be indoors unless meeting the same exception criteria as nursery enclosures. Other enclosure requirements remain the same as the current rule.

- Current requirements for run and exercise areas are specified under both the “Dogs kept indoors” and the “Dogs kept outdoors” sections of the rule. These requirements apply to both environments. The requirements for runs and exercise areas have been moved to “general dog care requirements” but remain the same as the current rule.

- Clarifies that primary enclosures must be structurally sound and maintained in good repair to protect the dog from injury. This reflects statutory language.

- Re-sequences the current primary enclosure measurement requirements that overlap in the current rule.

Dogs kept indoors

- Requires that an indoor facility be heated at a minimum of 50 degrees Fahrenheit.

Dogs kept outdoors

- Adds outdoor shelter requirements to protect dogs kept outdoors.

Cleaning and sanitation

- Harmonizes the cleaning and sanitation requirements for dogs kept indoors and outdoors. Current cleaning and sanitation requirements vary slightly for dogs kept indoors versus outdoors. These provisions have been modified to improve consistency.

Prohibited conduct

- Clarifies the current requirement that a licensed dog seller may not convey custody or control of a dog to another person who is required to be licensed as a dog seller but has failed to obtain a license.

Small Businesses Affected

This rule is expected to have a generally positive impact on dog sellers and dog facility operators, as the rule will clarify several provisions that are ambiguous or arguably contradictory as currently phrased. As noted above, some of the proposed modifications arose via recommendations received from the Dog Sellers Advisory Committee that met on May 12, 2012, one year after the original rule was initially promulgated. Comprised of stakeholders and representatives of groups to be licensed under this rule, the advisory committee provided guidance to the Department in connection with the initial drafting of the rule.

The Department licenses 178 dog shelters and 246 dog sellers in Wisconsin, as well as 10 dog sellers based outside Wisconsin. It is unknown how many of these licensees have indoor and/or outdoor facilities. The proposed rule articulates certain standards for such facilities. However, the impact on the industry is anticipated to be minimal because the language of the current rule already requires the industry to ensure, in general, the health, comfort, and welfare of dogs. The proposed rule merely fleshes out the requisite contours of such health, comfort, and welfare. For example, the proposed rule require that dogs kept indoors and outdoors must be regularly cleaned and their quarters regularly sanitized. The proposed rule also requires the utilization of windbreaks against cold temperatures for dogs kept outdoors and requires dog shelters to be moisture proof, windproof, and insulated. These requirements are little more than common-sense dictates that are now spelled out in the rule, for the sake of clarity. Assuming that industry participants are already guided by common sense and by a generalized concern for health and welfare, compliance costs are expected to be minimal.

Another example is the requirement in the proposed rule that indoor facilities be kept at a minimum temperature of 50 degrees Fahrenheit. The Department’s selection of this standard was designed to mirror the temperature set by USDA and by other states. Fifty degrees is a temperature at which water will not freeze, and it is a minimum temperature needed for cleaning to be effective. When consulted, stakeholders agreed that this minimum temperature standard is a reasonable one. Most dog sellers and proprietors of dog shelters believed that facilities within the state were already maintained, or should have been maintained, at 50 degrees or greater, even absent the standard specified in this proposed rule. Indeed, depending upon the type of dog kept in the facility (e.g. Chihuahuas), the minimum temperature would have needed to be well above 50 degrees.

Accordingly, financial outlays relating to this provision are expected be minimal. Since industry participants are already required to ensure dogs’ health, comfort, and welfare under the current rule – and thus, should already have been maintaining an appropriate temperature level above 50 degrees for the safety of the animals – it is to be anticipated that all or most businesses are already in compliance and thus would incur no additional energy costs. As to any potential structure that is not currently in compliance, the cost to heat the structure would vary widely depending on the building’s construction and insulation, the number and size of dogs kept in the building, the size of the building, the temperature outside of the building, and the type of heating (gas, electricity, or wood). Department staff contacted Madison Gas and Electric (MG&E) to determine whether a more specific cost could be calculated. MG&E staff opined that given the potential variances concerning the building type, insulation (“R value”), and heating source, the heating costs are necessarily indeterminate and incalculable.

On March 5, 2018, the Department met with an advisory group of licensed dog sellers. The committee members represented entities selling more than 50 days per year, entities selling fewer than 50 dogs per year, dog shelters, dog dealers, and dog breeders. The Department’s Animal Health Division asked the committee of stakeholders to provide feedback as to whether the proposed rule provisions would be onerous or burdensome in any way. The Department also wished to learn about what potential financial costs might result from the proposed rule changes.

Results from this meeting with stakeholders were both positive and encouraging. All participants agreed that the proposed changes added useful clarifications to the existing rule. The stakeholders indicated that the proposed rule changes would not be burdensome. No stakeholder foresaw any significant costs associated with the implementation of the proposed rule.

As a final note, the advisory committee members also strongly encouraged the Department to incorporate statutory requirements into the rule as most dog sellers refer to the rule only when seeking program requirements.

Reporting, Bookkeeping and other Procedures

The current rule requires that health records be kept. These records include vaccinations, observation and treatment records and whether the health care was administered by the license holder or by a veterinarian. The proposed rule clarifies that vaccination records must include the name of the vaccine manufacturer, vaccine serial number and lot number, and the date on which the vaccine was administered. This vaccination information is required because:

- Pursuant to Wis. Stat. § 173.41 (8) (a) 2., a copy of all vaccination records for the dog is required to be provided to the purchaser. This information includes the date it was administered and the name of the person who administered it.

- The specific vaccination information in the proposed rule (vaccine manufacturer, serial number and lot number, and date of administration) is currently required to be provided on the CVI of any dog sold. The CVI only reflects the vaccinations provided by the veterinarian who issues the CVI. For consistency and completeness, the same vaccination information required on the CVI should be kept in the dog’s record, including any vaccinations administered by the dog seller.

The fiscal costs relating to these bookkeeping requirements are expected to be minimal and are required for the welfare of the purchaser.

Professional Skills Required

The proposed rule does not specify any professional skills required for small businesses.

Accommodation for Small Business

Many of the businesses affected by this rule are small businesses. The requirements in the proposed rule are necessary for the health, comfort, and welfare of the dogs and puppies being kept and for the protection of consumers purchasing those dogs and puppies. For that reason, this proposed rule does not make special exceptions for small businesses because the rule’s requirements apply equally to all businesses, large or small.

Conclusion

This rule will generally benefit affected businesses, including small businesses. This rule will not have a significant adverse effect on small business nor will it be subject to the delayed “small business” effective date provided in Wis. Stat. § 227.22 (2) (e).