Wisconsin Legislature: ATCP 16.02(4)

(4) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

(4m) “Dog” means canis familiaris.

(5) “Dog breeder” means a person who in any license year sells at least 25 dogs, from more than 3 litters, which that person has bred and raised in this state. A person has bred and raised dogs for purposes of this paragraph if that person has owned the dogs from birth until sale, regardless of whether the person has contracted with an agent to raise the dogs on real estate owned or occupied by that agent.

(6) “Dog breeding facility” means a place in this state where dogs are bred and raised and from which at least 25 dogs from more than 3 litters are sold in a license year.

(7) “Dog dealer” means any of the following persons, other than an out-of-state dog dealer:

(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.

(b) A person, other than an auctioneer or auction company registered under ch. 480, Stats., who in any license year brokers or arranges the sale in this state of at least 25 dogs that are under that person’s custody or control but that the person does not own and has not bred or raised.

(c) An auctioneer or auction company registered under ch. 480, Stats., which operates one or more auctions in this state in which a combined total of 50 or more dogs are sold or offered for sale in any license year.

(8) “Dog trial” means an organized competitive field event involving sporting dog breeds that is sanctioned, licensed, or recognized by a local, state, regional, or national dog organization.

(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. ATCP 16.02 (1) (a) or (b).

(10) “License year” means a 12-month period ending on September 30.

(11) “Out-of-state dog dealer” means a non-resident person who in any license year imports at least 25 dogs for sale in this state, regardless of whether the dogs were bred or raised by that person.

(12) “Person” means an individual, corporation, partnership, cooperative, limited liability company, trust, governmental entity, academic institution, or other legal entity.

(13) “Primary enclosure” means an enclosed space where a dog spends the majority of its time.

(14) “Sell” means to convey ownership for consideration.

(15) “Temporary dog market” means a place at which persons sell dogs, and may sell other items, from booths or other spaces that are rented or provided to those persons on a temporary basis by the market operator, except that “temporary dog market” does not include a dog trial.

(16) “Wisconsin certified veterinarian” means a veterinarian certified under s. ATCP 10.05.

History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; CR 18-032: am. (3), cr. (4m), am. (7) (a), (9) Register October 2019 No. 766, eff. 11-1-19.

ATCP 16.02 Dog sellers and dog facility operators; license.

(1) License required. 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:

(a) Operate an animal control facility.

(b) Operate an animal shelter.

(d) Operate a dog breeding facility.

(e) Operate as a dog dealer.

(f) Operate as an out-of-state dog dealer.

(2) License expiration. An annual license under sub. (1) expires on September 30.License not transferable.

(3) A license under sub. (1) is not transferable between persons or locations.

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.

(4) License displayed.

(a) A license holder under sub. (1) shall post a copy of the license at each location, identified in the license application under s. ATCP 16.06, at which the license holder keeps dogs pursuant to the license. The license holder shall post the license copy in a prominent place that is readily visible to persons entering that location.

(5) License number included in advertisement. A license holder under sub. (1) who advertises to sell dogs in this state shall include that person’s license number in each advertisement.

History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; CR 18-032: am. (1) (intro.) Register October 2019 No. 766, eff. 11-1-19.

ATCP 16.04 Persons exempt from licensing. The following persons are exempt from licensing under s. ATCP 16.02 (1), to the extent that they are engaged only in the following activities:

(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. 89, Stats.

(2) Person conducting one-time sale of his or her dogs. A person who sells his or her dogs at a one-time liquidation sale if all of the following apply:

(a) The person notifies the department of the proposed liquidation sale at least 30 days prior to the start of the sale. The notice shall identify the number of dogs that the person will offer for sale, the location at which the person keeps those dogs, and the starting date of the sale.

(b) The person, at the start of the liquidation sale and throughout the sale, offers to sell all of the dogs that the person owns and keeps at the location identified under par. (a).

(c) The person owns and keeps, at the location identified under par. (a), no more than 30 dogs at the start of the liquidation sale or at any time during the liquidation sale.

(d) The person does not move any other dogs to the location identified under par. (a) during the liquidation sale.

(e) The person does not permit other persons to sell their dogs from the location identified under par. (a) during the liquidation sale.

(f) The person was not licensed under s. ATCP 16.02 (1) during the preceding license year, and did not conduct a sale under this subsection during the preceding license year.

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

(3) Operator of temporary dog market. The operator of a temporary dog market if the operator does all of the following:

(a) Gives the department written notice of the temporary dog market, at least 10 days prior to the start of the market. The notice shall include the location of the market, the beginning and ending dates of the market, and the approximate number of sellers who may bring dogs to the market.

(b) Provides adequate facilities for, and takes reasonable steps to ensure, humane treatment of all dogs kept at the market.

(c) Arranges for a Wisconsin certified veterinarian to examine all dogs kept at the market on each day of market operations, if the market operates for 2 or more consecutive days.

(d) Obtains all of the following information from each person who brings one or more dogs to the market, before the dogs enter the market premises:

1. The person’s name and address.

2. The number of the person’s license under s. ATCP 16.02 (1), if any.

3. The number of dogs that the person brings to the market.

4. A description of each dog that the person brings to the market, including the dog’s breed or type, sex, date of birth, or approximate age, color, and any distinctive markings. If the person brings a dog on behalf of another person, or brings a dog that the person has purchased from another person, the description shall indicate that fact and shall include the name and address of that other person.

5. Documentation showing that each dog that the person brings to the market has received a rabies vaccination if required under s. 95.21 (2), Stats., and, if the dog has been imported into this state, has been imported in compliance with s. ATCP 10.80.

(e) Keeps the information required under par. (d) for at least 5 years, and makes that information available to the department for inspection and copying upon request.

(f) Allows the department to inspect the temporary dog market during market hours.

Note: A person may obtain a one-time liquidation sale or temporary dog market form by calling (608) 224-4872, 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

History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718; CR 18-032: am. (1), cr. (2) (g) Register October 2019 No. 766, eff. 11-1-19.

ATCP 16.06 Applying for a license. A person shall apply for a license under s. ATCP 16.02 (1) on a form provided by the department. The application shall include all of the following:

(1) The applicant’s legal name and any business names under which the applicant may engage in an activity for which the license is required.

(2) The applicant’s principal business address.

(3) The address of each location, other than the residence of a home custody service provider under s. ATCP 16.14 (2), at which the applicant may keep dogs in this state pursuant to the license. If an identified location is an animal control facility, animal shelter or dog breeding facility, the application shall disclose that fact.

(4) A statement indicating whether, in connection with the applicant’s licensed operation, the applicant may consign any dogs to individuals for home custody under s. ATCP 16.14 (2).

(5) An identification of each activity under s. ATCP 16.02 (1) (a) to (f) in which the applicant may engage.

(6) The total number of dogs that the applicant sold during the preceding license year from all locations identified under sub. (3) other than from animal control facilities and animal shelters. If the applicant did not sell any dogs from those locations during the preceding license year, the applicant shall report the total number of dogs that the applicant expects to sell from those locations during the license year for which application is made.

(7) All license fees and surcharges required under s. ATCP 16.08.

(8) If the applicant applies to be licensed as an out-of-state dog dealer, copies of all of the following:

(a) Any dog seller’s license that the person is required to hold in the state from which that person operates in this state as an out-of-state dog dealer.

(b) Any dog seller’s license that the person is required to hold under federal law.

Note: A person may obtain a license by calling (608) 224-4872, 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

History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; corrections in (3) and (4) made under s. 13.92 (4) (b) 7., Stats., Register May 2011 No. 665.

ATCP 16.08 License fees and surcharges. A license application under s. ATCP 16.06 shall include all of the following nonrefundable fees and surcharges, as applicable:

(1) A license fee of $250 for each animal shelter or animal control facility that the applicant may operate during the license year. If the applicant operates a combined animal shelter and animal control facility at the same location, the $250 fee for that location covers the combined operations.

(2) The following fee based on the number of dog sales reported under s. ATCP 16.06 (6):

(a) $550 if the number is at least 25 but less than 50.

(b) $1,100 if the number is at least 50 but less than 100.

(d) $2,200 if the number is at least 250.

Note: The fee under sub. (2) is based on the total number of dogs sold by the applicant, regardless of the number of locations from which the applicant makes those sales.

(3) If the applicant is an out-of-state dog seller, a fee that is 150 percent of the fee calculated under sub. (2).

(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: