CR 18-032 Rule Text

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 the license.

Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations

Currently, the United States Department of Agriculture (USDA) licenses and inspects fewer than 50 kennels in Wisconsin that are selling puppies wholesale. USDA establishes minimum facility standards for those licensed facilities.

Comparison with Rules in Adjacent States

Iowa is the only adjacent state that has rules relating to dog sellers. Iowa’s rules are similar to these proposed rule changes with respect to minimum temperatures, whelping enclosures, and cleaning requirements.

Summary of Factual Data and Analytical Methodologies

The dog sellers and dog facility operator program went into effect on June 1, 2011. This program licenses the following:

- animal control facilities and animal shelters that shelter at least 25 dogs;

- dog breeders who sell 25 or more dogs from more than 3 litters;

- dog breeding facilities from which 25 or more dogs are sold in a year;

- 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 who bring 25 or more dogs into Wisconsin 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. The Department’s Animal Health Division staff have discovered some provisions in the administrative rule that are ambiguous or that optimally could provide additional guidance if modified. Many of these discoveries occurred during the implementation of certain program requirements codified in Wis. Admin. Code ch. ATCP 16. The Division staff also received feedback from licensed individuals and business stakeholders, as well as input from veterinarians.

The following areas in Wis. Admin. Code ch. ATCP 16, were reviewed to address these issues, and may be modified as a result (the statutory authority to make rules in these areas is noted):

1. Inspection requirements (see Wis. Stat. §§ 173.41 (6) and (14)).

2. Health requirements for selling dogs (see Wis. Stat. §§ 173.41 (8) and (14)).

3. Standards of care (see Wis. Stat. §§ 173.41 (10) and (14)).

4. Record keeping (see Wis. Stat. §§ 173.41 (11) and (14)).

5. License fees (see Wis. Stat. § 173.41 (3)).

Wis. Admin. Code ch. ATCP 16 was originally created in June of 2011 to implement the requirements mandated by Wis. Stat. § 173.41. As required by Wis. Stat. § 173.41 (14), 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 May 2012 to review the rules again. Minor modifications were suggested at the time. However, because the program had not been in operation for a substantial period of time, the modifications were not implemented. Now that the program has been in place for seven years, the time has come to incorporate the advisory committee’s suggested modifications and re-organize the rule to improve the clarity of the various rule provisions. It should be noted that, having met its statutory obligations, the advisory committee is no longer active. However, many of the minor modifications suggested by the committee in 2012 have now been incorporated into the proposed rule.

On March 5, 2018, the Department met with an advisory group of licensed dog sellers to discuss the proposed rule changes as well as costs associated with the proposed rule changes. The committee members represented entities selling more than 50 dogs per year, entities selling fewer than 50 dogs, dog shelters, dog dealers and dog breeders. See Effect on Small Business, below.

Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of an Economic Impact Analysis

The rule will have little to no fiscal impact. Most of the rule modifications clarify the current rule or reorganize requirements under the rule. There are no fee changes under the proposed rule.

The Animal Health Division at the Department has a strong history of engaging stakeholder involvement and input. As mentioned, pursuant to Wis. Stat. § 173.41(14) (b), the Department established the Dog Sellers Advisory Committee. Division staff last met with the Dog Sellers Advisory Committee on May 12, 2012. Several of the proposed rule modifications incorporate changes suggested by Dog Sellers Advisory Committee members.

On March 5, 2018, the Department met with another stakeholder group comprised of licensed dog sellers representing entities selling more than 50 dogs, entities selling fewer than 50 dogs, dog shelters, dog dealers, and dog breeders. The Department discussed the proposed rule changes with the committee, including any potential costs associated with the changes.

Effect on Small Business

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 may be confusing (or arguably contradictory) as currently written. 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 related to the initial drafting of rules.

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 stated that they were under the impression that facilities within the state were already maintained, or should have been maintained, at 50 degrees or higher, even absent the proposed standard. 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.

Environmental Impact

This rule has no environmental impact.

Standards Incorporated by Reference

None.

DATCP Contact

Darlene Konkle, Director

Bureau of Animal Disease Control

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Telephone: [phone]

E-Mail: [e-mail]

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  SECTION 1. ATCP 16.01 (3) is amended to read:

  ATCP 16.01 (3) “Animal shelter” means a facility or legal entity in this state that is operated for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals, that is used to shelter at least 25 dogs in a license year, and that is operated by a humane society, animal welfare society, animal rescue group, or other nonprofit group.