Chapter ATCP 16

ATCP 16.26(1) (1) Portable enclosures. A portable enclosure used to transport one or more dogs, including any enclosure that is placed on or forms part of a transport vehicle, shall meet all of the following requirements:

ATCP 16.26(1)(a) (a) It shall be constructed of water-resistant and cleanable material.

ATCP 16.26(1)(b) (b) It shall be designed to keep all dogs within the enclosure clean and dry.

ATCP 16.26(1)(c) (c) It shall be designed to protect the health and safety of all dogs in the enclosure.

ATCP 16.26(1)(d) (d) It shall have ventilation openings to ensure the comfort and health of all dogs in the enclosure.

ATCP 16.26(1)(e) (e) It shall be securely closed when in use.

ATCP 16.26(1)(f) (f) It shall be cleaned and sanitized between occupancy by different dogs, and more often as necessary to keep it in a clean condition.

ATCP 16.26(1)(g) (g) When on a transport vehicle, it shall be all of the following:

ATCP 16.26(1)(g)1. 1. Positioned so that each dog in the enclosure has access to sufficient air for normal breathing.

ATCP 16.26(1)(g)2. 2. Positioned so that the opening through which dogs enter and exit the enclosure is accessible at all times for emergency removal of dogs from the enclosure.

ATCP 16.26(1)(g)3. 3. Positioned so that all dogs in the enclosure are protected from the elements.

ATCP 16.26(1)(g)4. 4. Positioned or protected so that no dog in the enclosure is exposed to excreta falling from above.

ATCP 16.26(1)(g)5. 5. Secured as necessary to prevent reasonably foreseeable movement that may injure dogs.

ATCP 16.26(2) (2) Care of dogs during transport. The following standards apply to dogs that are being transported:

ATCP 16.26(2)(a) (a) Each dog shall at all times be protected from hypothermia and hyperthermia. Transportation vehicles shall be heated or cooled, if necessary, to comply with this paragraph.

ATCP 16.26(2)(b) (b) Each dog shall have sufficient space to turn, stand and lie down, except that this requirement does not apply to dogs transported during dog training, dog trialing, and hunting.

ATCP 16.26(2)(c) (c) Each dog shall be provided with food and water, according to the standards in s. ATCP 16.20 (1).

ATCP 16.26(2)(d) (d) Dogs shall be separated from each other if separation is required by s. ATCP 16.20 (5).

ATCP 16.26(2)(e) (e) Each dog shall be visually inspected every 4 hours.

ATCP 16.26(2)(f) (f) Each dog carried in a transport vehicle shall be removed from the vehicle at least once every 12 hours, and be allowed to urinate, defecate, and exercise, unless the vehicle is equipped to meet the urination, defecation, and exercise needs of all dogs being transported.

ATCP 16.26(2)(g) (g) Each dog carried in a transport vehicle shall be removed in a timely fashion from that vehicle when the vehicle reaches the destination to which it is transporting the dog, so that the dog can urinate, defecate, and exercise.

ATCP 16.26(3) (3) Transport vehicles. The following standards apply to a transport vehicle that is used to transport dogs:

ATCP 16.26(3)(a) (a) The vehicle shall provide fresh or filtered air as necessary, without injurious drafts, to all dogs that are transported in the vehicle.

ATCP 16.26(3)(b) (b) The dog cargo space shall be constructed and maintained to minimize the ingress of exhaust from the vehicle’s engine.

ATCP 16.26 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; correction in (2) (d) made under s. 13.92 (4) (b) 7., Stats., Register May 2011 No. 665.

ATCP 16.28 ATCP 16.28 Prohibited conduct. No person who is required to be licensed under s. ATCP 16.02 (1) may do any of the following, either directly or through an employee or agent:

ATCP 16.28(1) (1) Prevent a department employee from performing his or her official duties under this chapter, or interfere with the lawful performance of those duties.

ATCP 16.28(2) (2) Physically assault a department employee while the employee is performing his or her official duties under this chapter.

ATCP 16.28(3) (3) Refuse or fail, without just cause, to produce required records or respond to a department subpoena or investigative demand related to any matter under this chapter.

ATCP 16.28(4) (4) Violate s. 95.13 or 95.19, Stats.

ATCP 16.28(5) (5) Accept custody or control of a dog from any person, knowing that the person is required to be licensed under s. ATCP 16.02 (1) to convey custody or control of that dog but is not licensed, unless all of the following apply:

ATCP 16.28(5)(a) (a) The person accepts custody or control of the dog to protect its health, safety or welfare.

ATCP 16.28(5)(b) (b) The person promptly reports the acceptance to the department, and provides any relevant information that the department requests concerning the transaction.

ATCP 16.28 Note Note: A person may make a report under sub. (5) (b) to the following address:

ATCP 16.28 Note Wisconsin Department of Agriculture, Trade and Consumer Protection

ATCP 16.28 Note Division of Animal Health

ATCP 16.28 Note P.O. Box 8911

ATCP 16.28 Note Madison, WI 53708-8911

ATCP 16.28 Note Phone: [phone]

ATCP 16.28 Note Fax: [phone]

ATCP 16.28(6) (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.

ATCP 16.28 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; corrections in (1), (2), (3), (4), (5) made under s. 13.92 (4) (b) 1., Stats., Register May 2011 No. 665; CR 18-032: am. (x) Register October 2019 No. 766, eff. 11-1-19; CR 18-032: cr. (6) Register October 2019 No. 766, eff. 11-1-19.

ATCP 16.30 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.

ATCP 16.30 History History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; CR 18-032: am. Register October 2019 No. 766, eff. 11-1-19.