Wisconsin Legislature: ATCP 16.20(7)(b)4.

Suite 100

Schaumburg, IL 60173-4360

(g) The department may, by written notice, require a person holding a license under s. ATCP 16.02 (1) to submit a dog for examination by a licensed veterinarian within a specified time period if the department finds, based on its inspection, that the dog is exhibiting signs of illness, injury, or neglect.

(3) Housing and transportation.

(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.

(b) Dogs shall be transported in compliance with s. ATCP 16.26.

(c) Paragraph (a) does not apply to a facility that is used only for the purpose of breeding, raising and selling dogs for scientific research, provided that all of the following apply:

1. The license holder was using that facility solely for that purpose on June 1, 2011, and any primary enclosures added or materially reconstructed since that date comply with ss. ATCP 16.22 and 16.24.

2. The dogs are sold from the facility at which they are bred and raised.

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.

4. The dogs are kept in enclosures that comply with 9 CFR, Chapter I, subchapter A (animal welfare).

(4) Exercise. A dog shall be allowed reasonable daily exercise, based on the dog’s breed, size, age and health condition. Dogs shall have daily access to an indoor or outdoor run or exercise area where they can achieve a running stride. Repetitive unsupervised physical activity, such as unsupervised placement on a moving treadmill, which prevents a dog from engaging in other activities, shall be avoided except for good cause.

(5) Dog grouping and separation.

(a) Dogs shall be separated, as necessary, into compatible groups.

(b) Females in season (estrus) may not be kept with sexually intact males in the same primary enclosure, or kept without separation from sexually intact males in any confined area, except for breeding purposes.

(d) Puppies under 4 months old may not be kept with adult dogs other than their dam or foster dam in the same primary enclosure or other confined area, unless under direct supervision.

(6) Behavior and socialization.

(a) All dogs shall have daily, full-body physical contact with other compatible dogs, except where such contact must be avoided for good cause.

(b) All dogs shall have daily positive human contact and socialization, not limited to feeding time.

(c) All dogs shall have safe play objects or other effective forms of inanimate enrichment in their primary enclosures, except where such objects or enrichment must be denied for good cause.

(d) Dogs may not be deprived of contact, activity, or enrichment under this section for extended periods, except for good cause.

(e) A license holder under s. ATCP 16.02 (1) shall have a written plan for meeting the requirements under this subsection, and shall instruct employees and agents on the terms of that plan.

(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 s. ATCP 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 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 s. ATCP 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. ATCP 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 run or exercise area shall meet all of the following requirements:

(a) 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.

(b) 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.

History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; CR 18-032: am. (1) (f), (2) (d), (e), (f), (3) (a), (c) 3., cr. (7) to (10) Register October 2019 No. 766, eff. 11-1-19; renum. (10) (a) (intro.), 1., 2. to (10) (intro.), (a), (b) under s. 13.92 (4) (b) 1., Stats., Register October 2019 No. 766.

ATCP 16.22 Dogs kept indoors. The following requirements apply to an indoor facility at which a person keeps dogs pursuant to a license under s. ATCP 16.02 (1):

(1) Primary enclosures; general.

(a) Size and configuration. An indoor primary enclosure shall comply with sub. (2) or (3), except that a whelping enclosure shall comply with s. ATCP 16.20 (7) and a nursery enclosure shall comply with s. ATCP 16.20 (8).

(am) General structure and maintenance. The primary enclosure shall be structurally sound and maintained in good repair to protect the dog from injury.

(b) Floors and interior surfaces. Floors and interior surfaces of an indoor primary enclosure shall comply with all of the following standards:

1. Dirt floors are prohibited.

2. A floor, other than a floor in the portion of a whelping enclosure that is accessible to puppies, may be constructed of metal wire mesh. The wire shall be coated with an acceptable material to prevent injury to the dogs’ feet. The wire shall be of an adequate gauge to prevent sagging under the weight of the dog or dogs kept in the enclosure, and to prevent injury to the dogs’ feet.

Note: Stainless steel slatting is not wire mesh.

3. Floor openings, if any, shall be small enough to prevent the feet of the smallest dog kept in the enclosure from passing through or becoming entangled in the openings.

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) Stacking primary enclosures. No indoor primary enclosure may be stacked on top of any other indoor primary enclosure unless the stacking arrangement complies with all of the following:

1. The floor of the top enclosure shall be no higher than 52 inches from the floor of the room in which the enclosures are stacked.

2. The stacking arrangement shall provide for safe dog handling, adequate ventilation and temperature control, easy cleaning and sanitization, and easy inspection of all stacked enclosures.

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.

4. The stacked enclosures shall be stable when filled to maximum capacity with dogs.

5. No dog in any of the stacked enclosures may be exposed to any excreta, urine, dirt, or debris falling from a higher enclosure.

(2) Primary enclosure for one or more dogs that get at least 30 minutes of exercise each day. A primary enclosure under this subsection shall comply with all of the following requirements:

(a) The floor area of the primary enclosure shall be at least equal to the sum of the floor areas under pars. (b) and (c), where each dog’s length is measured from the tip of the dog’s nose to the base of the dog’s tail.

(b) For the largest dog in the primary enclosure, the primary enclosure shall include a floor area at least equal to the following:

1. For a dog up to 10 inches long, 4.5 square feet.

2. For a dog 11 to 16 inches long, 8 square feet.

3. For a dog 17 to 22 inches long, 12 square feet.

4. For a dog 23 to 26 inches long, 18 square feet.

5. For a dog 27 to 30 inches long, 24 square feet.

6. For a dog more than 30 inches long, 30 square feet.

(c) For each additional dog in the primary enclosure, other than the dog under par. (b), the primary enclosure shall include a floor area at least equal to the following:

1. For a dog up to 10 inches long, 3.375 square feet.

2. For a dog 11 to 16 inches long, 6 square feet.

3. For a dog 17 to 22 inches long, 9 square feet.

4. For a dog 23 to 26 inches long, 13.5 square feet.

5. For a dog 27 to 30 inches long, 18 square feet.

6. For a dog more than 30 inches long, 22.5 square feet.

(d) The height of the primary enclosure shall be at least 12 inches taller than the tallest dog in the enclosure.

(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 that meets the requirements under s. ATCP 16.20 (10).

Note: A primary enclosure may also function as a run or exercise area if it complies with par. (e).

(3) Primary enclosure for one dog that gets at least 120 minutes of exercise each day. A primary enclosure under this subsection shall comply with all of the following requirements:

(a) No more than one dog may be kept in the primary enclosure at any time.

(b) The floor area of the primary enclosure shall be based on the length of the dog kept in the enclosure. The floor area shall be at least equal to the following, where the length of the dog is measured from the tip of the dog’s nose to the base of the dog’s tail:

1. For a dog up to 10 inches long, 4 square feet.

2. For a dog 11 to 16 inches long, 6 square feet.

3. For a dog 17 to 22 inches long, 10 square feet.

4. For a dog 23 to 26 inches long, 14 square feet.

5. For a dog 27 to 30 inches long, 18 square feet.