DATCP Docket No. 17-R-03 Final Rule
Clearinghouse Rule No. 18-032 September 17, 2019
PROPOSED ORDER
OF THE STATE OF WISCONSIN DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
ADOPTING RULES
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The Wisconsin department of agriculture, trade and consumer protection proposes the following permanent rule to repeal ATCP 16.18 (2) and (3), 16.22 (4) to (6), 16.22 (7) (b) Note, 16.24 (7) (a) 1. and 2., 16.24 (8) (intro.); to renumber and amend ATCP 16.14 (3) (h), 16.24 (7) (a) (intro.); to amend ATCP 16.01 (3), 16.01 (7) (a) and (9), 16.02 (1) (intro.), 16.04 (1), 16.06 (8) (b), 16.08 (4) and (5) (intro.), 16.14 (3) (b), 16.16 (title), (1), (2), (3) (a) and (b) Note and (4) (intro.) and (d), 16.16 (4) (d) 4., 16.16 (4) (e) and (f) Note, 16.16 (7) (a) and (b), 16.20 (1) (f), (2) (d), (e), (f) and Note, and (3) (a) and (c) 3., 16.22 (1) (a), 16.22 (1) (b) 4. and (c) 3., (2) (b) 5., (c) 5., and (e), and (3) (d), 16.22 (7) (b), 16.22 (8) (a), 16.22 (8) (b), 16.24 (2) (a) 5. and (b) 5., and (3), 16.24 (4) (c) and (5) (a), 16.24 (7) (b), 16.24 (8) (title), 16.24 (8) (a), 16.30; to consolidate, renumber and amend ATCP 16.18 (intro.) and (1), and to create ATCP 16.01 (4m), 16.02 (3) Note, 16.04 (2) (g), 16.04 (3) (f), 16.14 (3) (h) 2., 16.15, 16.16 (4) (g) Note, 16.19, 16.20 (7) to (10), 16.22 (1) (am), 16.22 (8) (am), 16.24 (3m), 16.24 (5) (am), 16.24 (8) (d) and (e), 16.28 (6), relating to the dog sellers and dog facility operator licensing requirements and affecting small businesses.
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Analysis Prepared by the Department
of Agriculture, Trade and Consumer Protection
This proposed rule specifies requirements for persons to become licensed under the Wisconsin dog sellers and dog facility operators program.
Statutes Interpreted
Statutes interpreted: Wis. Stat. § 173.41. Statutory Authority
Explanation of Statutory Authority
The Department of Agriculture, Trade and Consumer Protection (DATCP) has authority under Wis. Stat. § 173.41 (14) to promulgate rules to implement and administer the dog seller and dog facility operators program that is established by Wis. Stat. § 173.41. DATCP also has authority under Wis. Stat. § 93.07 (1) to promulgate regulations that are necessary and proper. 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, but not incorporated into the rule during the 2012 time frame due to the short duration the program had been in operation. However, many of the minor modifications suggested by the committee in 2012 have now been incorporated into this proposed rule. Having fulfilled its statutory obligation, the advisory committee is no longer active. Related Statutes and Rules
None.
Plain Language Analysis
This rule specifies requirements for persons to become licensed under the Wisconsin dog sellers and dog facility operators program. Among other things, this rule does all of the following:
General rule changes
- Updates statutory cross references.
- Adds statutory language to the rule or modifies the rule to reflect statutory language.
- Makes other minor modifications to the rule.
Definitions
- Adds a definition of “dog” to clarify that the rule applies to domestic dogs and not dog hybrids.
- Modifies the definition of “dog dealer” specifically to include persons selling, or offering to sell, at least 25 dogs in a license year. This change makes the rule definition of “dog dealer” consistent with the statutory definition of “dog dealer”.
- Modifies the definition of “home custody provider” to apply only to an animal control facility or animal shelter.
License requirements
- Adds a note clarifying that because a license is not transferable between locations, a licensed entity which moves to a new location must apply for a new license prior to operating at the new location.
Record keeping requirements
- Clarifies that vaccination records must include the name of the vaccine manufacturer, the vaccine serial number and lot number, the date on which the vaccine was administered, and the name of the person who administered the vaccine. Currently, this information must be provided on a certificate of veterinary inspection. Therefore, this information should also be maintained in the dog seller’s records.
Dog sale requirements
- Clarifies that when a dog is sold, the following information must be provided to the purchaser:
- A valid certificate of veterinary inspection.
- All vaccination records.
