CR 18-032 Rule Text

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]

______________________________________________________________________________

  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.

SECTION 2. ATCP 16.01 (4m) is created to read:

ATCP 16.01 (4m) “Dog” means canis familiaris.

SECTION 3. ATCP 16.01 (7) (a) and (9) are amended to read:

ATCP 16.01 (7) (a) A person who in any license year sells or offers to sell in this state at least 25 dogs that the person owns but has not bred and raised.

(9) “Home custody provider” means an individual who is not required to be licensed under s. ATCP 16.02 (1), but who keeps dogs at his or her home for a person who is licensed under s. ss. ATCP 16.02 (1) (a) or (b).

SECTION 4. ATCP 16.02 (1) (intro.) is amended to read:

ATCP 16.02 (1) (intro.) LICENSE REQUIRED. (intro.) Except as provided in s. ATCP 16.04, no person may do any of the following activities or combination of activities in any license year without an annual license from the department:

SECTION 5. ATCP 16.02 (3) Note is created to read:

ATCP 16.02 (3) Note: Because a license is not transferable between locations, a licensed entity that moves to a new location must apply for a new license prior to operating under sub. (1) at the new location.

SECTION 6. ATCP 16.04 (1) is amended to read:

ATCP 16.04 (1) VETERINARIAN. A veterinarian who keeps dogs for the purpose of providing care or treatment in the normal course of veterinary practice, within the scope of the veterinarian’s license under ch. 453 89, Stats.

SECTION 7. ATCP 16.04 (2) (g) is created to read:

ATCP 16.04 (2) (g) The person does not engage in activities for which a license is required under s. ATCP 16.02 (1) in the next year.

SECTION 8. ATCP 16.04 (3) (f) Note is created to read:

ATCP 16.04 (3) (f) Note: A person may obtain a one-time liquidation sale or temporary dog market form by calling [phone], by visiting the department website at https://www.datcp.wi.gov or by writing to the following address:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Animal Health

P.O. Box 8911

Madison, WI 53708-8911

SECTION 9. ATCP 16.06 (8) (b) Note is amended to read:

ATCP 16.06 (8) (b) Note: A person may obtain a license for by calling [phone], by visiting the department website at www.datcp.wi.govhttps://www.datcp.wi.gov or by writing to the following address:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Animal Health

P.O. Box 8911

Madison, WI 53708-8911

SECTION 10. ATCP 16.08 (4) and (5) are amended to read:

ATCP 16.08 (4) A late renewal surcharge equal to 20 percent of all applicable license fees required under subs. (1) to (3) if the applicant seeks to renew a license after that license has expired.

(5) A surcharge equal to the total of all applicable license fees required under subs. (1) to (3) if the department determines that any of the following apply:

SECTION 11. ATCP 16.14 (3) (b) is amended to read:

ATCP 16.14 (3) (b) The location at which the dog is kept, including any the address of any home custody provider.

SECTION 12. ATCP 16.14 (3) (h) is renumbered ATCP 16.14 (3) (h) 1. and as renumbered is amended to read:

ATCP 16.14 (3) (h) 1. Health records related to the dog, including vaccination, observation and treatment records and whether the health care was administered by the license holder or by a licensed veterinarian.

SECTION 13. ATCP 16.14 (3) (h) 2. is created to read:

ATCP 16.14 (3) (h) 2. Vaccination records related to the dog. The vaccination record shall identify each type of vaccination that the dog has received. For each type of vaccination, the record shall include all of the following:

a. The name of the vaccine manufacturer.

b. The vaccine serial number and lot number.

c. The date on which the vaccine was administered.

d. The name of the person who administered the vaccine.

SECTION 14. ATCP 16.15 is created to read:

ATCP 16.15 Dog sales; general. Whenever a person who is required to be licensed under s. ATCP 16.02 (1), sells a dog in this state, the dog shall be accompanied by all of the following:

(1) A valid certificate of veterinary inspection under s. ATCP 16.16.

(2) All vaccination records required under s. ATCP 16.14 (3) (h) 2.

SECTION 15. ATCP 16.16 (title), (1), (2), (3) (a) and (b) Note and (4) (intro.) and (d) are amended to read:

ATCP 16.16 (title) Dog sales; certificate Certificate of veterinary inspection.

(1)  WHEN REQUIRED DOG SALES. Whenever a person who is required to be licensed under s. ATCP 16.02 (1) sells a dog in this state, the dog shall be accompanied by a A valid certificate of veterinary inspection required to sell a dog under s. ATCP 16.15 (1) shall meet all of the requirements under this section. A single certificate may cover more than one dog.

(2) WHO MAY ISSUE. A certificate of veterinary inspection under sub. (1) shall be prepared and signed by a Wisconsin certified veterinarian defined under s. ATCP 10.05, except that a certificate accompanying a dog imported into this state may shall be issued by an accredited veterinarian defined under s. ATCP 10.01 (2).

(3) FORM. (a) A certificate of veterinary inspection shall be issued on a form provided or approved by the department, the United States department of agriculture, or the state in which the certificate is issued. A certificate issued in this state shall be issued on a form provided by the department.

(b) Note: Wisconsin certificate of veterinary inspection forms may be obtained for $0.60 each. Forms may be obtained online at: http://www.onlineservices.datcp.wi.gov/vetcatalog https://datcpservices.wisconsin.gov/vetcatalog/index.jsp or by contacting the department at the following address:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Animal Health

P.O. Box 8911

Madison, WI 53708-8911

Phone: [phone]

Fax: [phone]

(4) CONTENTS. (intro.) A certificate of veterinary inspection under sub. (1) may include valid vaccination information administered by another veterinarian if the information required under par. (d) is documented and shall include all of the following information:

(d) The dog's vaccination record. The vaccination record shall identify each type of vaccination that the dog has received. For each type of vaccination, the record shall include vaccinations administered by the veterinarian completing the certificate of veterinary inspection, including all of the following:

SECTION 16. ATCP 16.16 (4) (d) 4. is amended to read:

ATCP 16.16 (4) (d) 4. The name of the person veterinarian who administered the vaccine.

SECTION 17. ATCP 16.16 (4) (e) and (f) Note are amended to read: