American Veterinary Medical Association
1931 N. Meacham Rd
Suite 100
Schaumburg, IL 60173-4360
(3) (a) Except as provided in par. (c) and subs. (7), (8) and (9), dogs shall be kept in facilities that comply with ss. ATCP 16.22 and 16.24. (c) 3. The dogs are sold only to animal care facilities licensed or registered by the United States department of agriculture or other countries’ equivalent, and are not resold to any other person.
SECTION 24. ATCP 16.20 (7) to (10) are created to read:
ATCP 16.20 (7) WHELPING ENCLOSURES. (a) General. Outdoor whelping enclosures are prohibited unless a variance is granted from the department.
(b) Whelping enclosure. An indoor primary enclosure for a single whelping dam and her puppies shall comply with all of the following requirements, rather than the requirements under sub. s. 16.22 (2) or (3): 1. The enclosure shall be of an appropriate type for the breed kept in the enclosure.
2. The enclosure shall have a solid floor in that portion of the enclosure that is accessible to the puppies.
3. The enclosure shall be tall enough for the dam to stand normally and comfortably.
4. The enclosure shall be large enough for the dam to lie down in a stretched out position, so that all puppies can simultaneously nurse.
5. The enclosure shall be large enough for the number and temperament of the puppies.
6. The enclosure shall include an area that is accessible only to the dam and is large enough to accommodate the dam. That area may have a non-solid floor that complies with sub. s. ATCP 16.22 (1) (b). (8) NURSERY ENCLOSURE. A primary enclosure for puppies between the age of weaning and the age of 4 months shall comply with the following requirements, rather than the requirements under sub. s. 16.22 (2) or (3) for indoor enclosures and s. ATCP 16.24 (2) for outdoor enclosures: (a) The enclosure shall be large enough to allow all of the puppies to turn around, stand up, lie down, and exercise normal postural movements.
(b) The enclosure shall be large enough to encourage socialization and exercise.
(c) The enclosure shall be indoors unless outdoor temperatures are adequate as to not adversely affect the health of the puppies, there is shade adequate to shade all dogs in the nursery from direct sunlight during any sunlight hours in which heat stress may occur, and there is no inclement weather.
(9) TEMPORARY ENCLOSURE FOR ONE DOG. (a) A dog may be kept for up to 12 hours a day in a temporary enclosure that does not meet the standards for a primary enclosure under ss. 16.22 and 16.24 if all of the following apply: 1. Only one dog is kept in the temporary enclosure at any time.
2. The temporary enclosure is long enough to accommodate the entire length of dog's head and body, measured from the tip of the dog's nose to the base of the dog's tail.
3. The temporary enclosure is tall enough for the dog to stand normally and comfortably, and large enough for the dog to turn around and lie down.
(b) A temporary dog enclosure shall be kept indoors unless outdoor temperatures are adequate so as to not adversely affect the health of the dog, there is shade to protect the dog from direct sunlight during any sunlight hours in which heat stress may occur, and there is no inclement weather.
(10) RUNS AND EXERCISE AREAS.
(a) A run or exercise area shall meet all of the following requirements:
1. It shall be large enough for the dog's size and temperament, considering the number of dogs that may use the run or exercise area at the same time, and shall be large enough for the dog to achieve a running stride.
2. If outdoors, it shall include a shaded area that is large enough, during all hours in which the run or exercise area is used, to shade all dogs using the run or exercise area without crowding.
SECTION 25. ATCP 16.22 (1) (a) is amended to read:
ATCP 16.22 (1) (a) Size and configuration. An indoor primary enclosure shall comply with sub. (2) or (3), except that a whelping enclosure shall comply with sub. (4) s. ATCP 16.20 (7) and a nursery enclosure shall comply with sub. (5) s. ATCP 16.20 (8). SECTION 26. ATCP 16.22 (1) (am) is created to read:
ATCP 16.22 (1) (am) General structure and maintenance. The primary enclosure shall be structurally sound and maintained in good repair to protect the dog from injury.
SECTION 27. ATCP 16.22 (1) (b) 4., and (c) 3., (2) (b) 5., (c) 5., and (e), and (3) (d) are amended to read:
ATCP 16.22 (1) (b) 4. Floors and other interior surfaces shall be constructed and maintained to keep the dog clean, dry, and safe from injury. Surfaces shall be regularly cleaned and sanitized.
(c) 3. Each stacked enclosure shall have a fully ventilated front side and a solid floor or floor with a solid catch pan that can be easily cleaned and sanitized.
(2) (b) 5. For a dog 26 27 to 30 inches long, 24 square feet.
(c) 5. For a dog 26 27 to 30 inches long, 18 square feet.
(e) Each dog kept in the primary enclosure shall have access for at least 30 minutes each day to an indoor or outdoor run or exercise area for exercise that is large enough for the dog's size and temperament, considering the number of dogs that may use the run or exercise area at the same time. The run or exercise area shall be large enough so that the dog can achieve a running stride that meets the requirements under s. ATCP 16.20 (10). (3) (d) The dog kept in the primary enclosure shall have access for at least 120 minutes each day to an indoor or outdoor run or exercise area that is large enough for the dog's size and temperament, considering the number of dogs that may use the run or exercise area at the same time. The run or exercise area shall be large enough so that the dog can achieve a running stride meets the requirements under s. ATCP 16.20 (10). SECTION 28. ATCP 16.22 (4) to (6) are repealed.
SECTION 29. ATCP 16.22 (7) (b) is amended to read:
ATCP 16.22 (7) (b) An indoor facility shall have adequate heating and cooling facilities, and shall be heated at a minimum of 50 degrees Fahrenheit and. The indoor facility shall be heated or cooled as necessary to keep temperatures within appropriate limits, based on the dog breeds kept at the facility and the ability of those breeds to acclimate to temperature variation. Dogs shall be protected from heat, cold and humidity that may be injurious to their health.
SECTION 30. ATCP 16.22 (7) (b) Note is repealed.
SECTION 31. ATCP 16.22 (8) (a) is amended to read:
ATCP 16.22 (8) (a) Excreta shall be removed from primary enclosures, exercise areas, and other dog holding areas at least daily, and more often as necessary for the health and comfort of all dogs.
SECTION 32. ATCP 16.22 (8) (am) is created to read:
ATCP 16.22 (8) (am) Pests and parasites shall be controlled as necessary to maintain dog health and comfort.
SECTION 33. ATCP 16.22 (8) (b) is amended to read:
ATCP 16.22 (8) (b) Primary enclosures and other dog holding areas shall be cleaned with an appropriate detergent, rinsed, and sanitized with an appropriate sanitizer, as often as necessary or at least once a week to keep them free of accumulated dirt, debris, and disease hazards.
SECTION 34. ATCP 16.24 (2) (a) 5. and (b) 5., and (3) are amended to read:
ATCP 16.24 (2) (a) 5. For a dog 26 27 to 30 inches long, 24 square feet.
(b) 5. For a dog 26 27 to 30 inches long, 18 square feet.
(3) OUTDOOR PRIMARY ENCLOSURE; CONSTRUCTION. An outdoor primary enclosure shall be structurally sound and maintained in good repair to protect the dog from injury. An outdoor primary enclosure shall be constructed and maintained to prevent dogs from escaping from the enclosure. If any portion of the primary enclosure is covered by a roof or overhead screen, the roof or screen shall be at least 12 inches above the standing height of the tallest dog kept in the primary enclosure.
SECTION 35. ATCP 16.24 (3m) is created to read:
ATCP 16.24 (3m) OUTDOOR NURSERY AND TEMPORARY DOG ENCLOSURES. A primary nursery enclosure may be outside if it meets the requirements under s. ATCP 16.20 (8). A temporary dog enclosure may be kept outdoors if it meets the requirements under s. ATCP 16.20 (9). SECTION 36. ATCP 16.24 (4) (c) and (5) (a) are amended to read:
ATCP 16.24 (4) (c) A windbreak, other than the dog shelter under sub. (5), which is adequate to shelter all dogs in the primary enclosure from wind for protection against cold temperatures that may adversely affect the health of the dogs.
(5) (a) It shall be a moisture proof and windproof structure, insulated to protect against cold and dampness, and made of a durable material and shall have with 4 sides, a roof, and a flat, solid moisture-proof floor or a floor raised at least two inches from the ground.
SECTION 37. ATCP 16.24 (5) (am) is created to read:
ATCP 16.24 (5) (am) During cold, inclement weather likely to have an adverse impact on the health of the dog, the structure shall have a windbreak at the entrance and clean, dry bedding that is appropriate for the dog’s breed, age and physical condition.
SECTION 38. ATCP 16.24 (7) (a) (intro.) is renumbered ATCP 16.24 (7) (a) and as renumbered is amended to read:
ATCP 16.24 (7) (a) A dog kept outdoors shall have access, for at least 30 minutes each day, to a run or exercise area that meets all of the following requirements: the requirements under s. ATCP 16.20 (10). SECTION 39. ATCP 16.24 (7) (a) 1. and 2. are repealed.
SECTION 40. ATCP 16.24 (7) (b) is amended to read:
ATCP 16.24 (7) (b) A run or exercise area, under par. (a) s. ATCP 16.20 (10), is not required to include a dog shelter under sub. (5) or a windbreak, unless the run or exercise area also serves as a primary enclosure. SECTION 41. ATCP 16.24 (8) (title) is amended to read:
ATCP 16.24 (8) (title) FACILITY MAINTENANCE CLEANING AND SANITATION.
SECTION 42. ATCP 16.24 (8) (intro.) is repealed.
SECTION 43. ATCP 16.24 (8) (a) is amended to read:
ATCP 16.24 (8) (a) All excreta shall be removed from outdoor primary enclosures, exercise areas, and other dog holding areas at least daily and more often as necessary for the health and comfort of all dogs.
SECTION 44. ATCP 16.24 (8) (d) and (e) are created to read:
ATCP 16.24 (8) (d) The interior surfaces of outdoor dog shelters, that cannot be readily cleaned and sanitized, must be replaced when worn or soiled.
(e) Primary enclosures and other dog holding areas shall be cleaned with an appropriate detergent, rinsed, and sanitized with an appropriate sanitizer, where possible, to keep them free of accumulated dirt, debris, and disease hazards. Dogs shall be removed from the primary enclosures or other dog holding areas before those areas are cleaned and sanitized. Dogs may not be returned to the cleaned or sanitized enclosure or area until the enclosure or area is dry.
SECTION 45. ATCP 16.28 (6) is created to read:
ATCP 16.28 (6) Convey custody or control of a dog to a person who is required to be licensed under s. ATCP 16.02 (1) but has failed to obtain the required license. SECTION 46. ATCP 16.30 is amended to read:
ATCP 16.30 Variances. The department may, in response to a written request, grant a variance from a standard under s. ATCP 16.20 (7), 16.22, 16.24, or 16.26 if the department finds that the variance is reasonable and necessary under the circumstances and will not compromise the purpose served by the standard. The variance shall be issued in writing, shall include the department’s findings, and shall include the specific terms of the variance including any time limit on the variance. A request for a variance shall include information to show that the variance is justified under this section. SECTION 47. Effective date. This rule takes effect on the first day of the first month commencing after the date of publication.
