Certificate of veterinary inspection (CVI)
Whenever a person, who is required to be licensed as a dog seller or dog facility operator, sells a dog in this state, the dog must be accompanied by the dog’s vaccination records and CVI. The proposed rule makes the following modifications to the CVI requirement:
- Clarifies that a CVI must be on a form provided or approved by the Department. The current rule implies that only a CVI provided by the Department may be used. This clarification is consistent with CVI requirements specified under Wis. Admin. Code ch. ATCP 10. - Clarifies that the veterinarian completing the CVI must list only those vaccinations administered by that veterinarian (or another veterinarian) if those vaccinations are properly documented. Currently, the rule implies that the dog’s entire vaccination record must be included on the CVI, regardless of who administered the vaccination, including the dog seller. Any vaccinations administered by the dog seller must be maintained in his or her record for that dog and may not be included on a CVI.
- Clarifies that all dogs imported to Wisconsin must have CVIs. The current rule implies that if a CVI accompanied a dog imported to this state, certain information from that CVI must be added to the CVI of a dog being sold.
- Clarifies when a CVI may be re-used. The current rule is confusing because the rule requires the name of the new seller to be updated on the CVI before it can be re-used. However, a CVI cannot be updated by anyone other than the veterinarian who originally completed it. This rule modification clarifies that in spite of the requirement that the name and address of the dog seller be on a CVI, the CVI may be re-used if it is valid in all other respects.
Age at which dogs may be sold
- Requires that a puppy be at least 7 weeks of age before it can be physically transferred to a buyer. The current rule conflicts with the language of the statute by allowing transfer of puppies under 7 weeks of age to occur if certain requirements were met. The proposed rule no longer allows that to occur. The proposed rule is now congruent with the state statute.
General dog care requirements
- The current rule requires water containers, food containers, and the like to be cleaned and sanitized as often as necessary but does not specify a minimum timeframe. The proposed rule retains the requirement that the items must be cleaned and sanitized as often as necessary, but new language adds the additional requirement that these items be cleaned and sanitized at least once a week, at a minimum.
- Clarifies that each dog must be groomed as necessary to maintain the dog’s health, comfort, and welfare. This language is consistent with terminology used throughout the rule.
- Reorganizes the rule to clarify that certain provisions apply to dogs regardless of whether those dogs are kept indoors or outdoors, including:
- Whelping, nursery, and temporary dog enclosures are currently specified under the “Dogs kept indoors” section of the rule. While the rule specifies the requirements for these indoor enclosures, it is unclear whether these rules apply to outdoor enclosures as well. The rule clarifies the following:
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 “Dogs kept outdoors” sections of the rule. These requirements apply to both situations. The requirements for runs and exercise areas have been moved to “general dog care requirements” but remain the same as 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 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): 2. Health requirements for selling dogs (see Wis. Stat. §§ 173.41 (8) and (14)). 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.
