ATCP 12.02(9)(b)2.2. The animal market shall have adequate lighting for animal identification and testing.
ATCP 12.02(9)(b)3.3. Pens, if any, shall be large enough for the purpose used. The pens shall have no sharp edges or protrusions that could injure the animals.
ATCP 12.02(9m)(9m)Reinspection.
ATCP 12.02(9m)(a)(a) The department may charge, to the holder of a license under this section, a reinspection fee of $150 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter, or ch. 95, Stats., noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter.
ATCP 12.02(9m)(b)(b) A reinspection fee under par. (a) is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal market operator.
ATCP 12.02(10)(10)Disease testing prior to movement from the market. If ch. ATCP 10 requires disease testing of an animal before the animal is moved from an animal market, the market operator shall keep that animal at the market premises until the results of the test are known.
ATCP 12.02(11)(11)Prohibitions. An animal market operator may not:
ATCP 12.02(11)(a)(a) Commingle animals of different species within the same vehicle or enclosure.
ATCP 12.02(11)(b)(b) Accept delivery of livestock or wild animals from an unlicensed animal trucker or animal dealer, if the operator knows or has reason to know that the animal trucker or animal dealer is unlicensed.
ATCP 12.02(11)(c)(c) Deliver livestock or wild animals to an unlicensed animal trucker for transport or animal dealer, if the operator knows or has reason to know that the animal trucker or animal dealer is unlicensed.
ATCP 12.02 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; r. and recr. (1), (2) and (5), cr. (2m), (2r), (2w), (4) (h), am. (3) (g), (4) (b), (d), Register, March, 1995, No. 471, eff. 4-1-95; am. (2m) (a) and (b), Register, May, 1999, No. 521, eff. 6-1-99; r. (2) (e), (f) and (2r) (c), am. (2m) (a) 2. and (2r) (b), Register, November, 2000, No. 539, eff. 12-1-00; CR 03-121: r. and recr. Register September 2004 No. 585, eff. 10-1-04; CR 04-103: am. (1), cr. (3) (fm) Register September 2005, No. 597, eff. 10-1-05; CR 06-009: am. (4) (a) (intro.), (c), (7) (a) and (10) Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (4) (a) 1. to 3. Register June 2008 No. 630, eff. 7-1-09; CR 07-107: am. (1), r. (5), cr. (8) (j) Register November 2008 No. 635, eff. 12-1-08; r. (6) (a) 2. under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 11-048: am. (1), cr. (1m), am. (8) (b), (9) (a) 2., 5., 6., r. (9) (a) 9., (b) 4., cr. (9m), am. (11) (b) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (2) (b), (c) Register March 2014 No. 699, eff. 6-1-14; corrections in (4) (c), (d) made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699; CR 15-092: am. (1m) (intro.), (3) (c), (d), (f), cr. (7) (i) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (8) (g), cr. (8) (k) to (m), am. (11) (c) Register May 2020 No. 773, eff.6-1-20.
ATCP 12.03ATCP 12.03Animal dealers.
ATCP 12.03(1)(1)License required. Except as provided in sub. (2), no person may do any of the following as principal or agent without an animal dealer license from the department:
ATCP 12.03(1)(a)(a) Engage in the business of buying livestock or wild animals for resale, slaughter, or exchange.
ATCP 12.03(1)(b)(b) Engage in the business of selling or exchanging livestock or wild animals.
ATCP 12.03(1)(d)(d) Engage in the business of leasing out livestock or wild animals to others.
ATCP 12.03(2)(2)License exemptions. Subsection (1) does not apply to any of the following:
ATCP 12.03(2)(a)(a) An employee of an animal dealer licensed under sub. (1) who acts solely on behalf of that licensed animal dealer.
ATCP 12.03(2)(b)(b) A farm operator who buys or exchanges livestock solely for dairy, breeding, or feeding operations on that farm, or who sells only livestock produced or raised on that farm.
ATCP 12.03(2)(c)(c) An animal market operator licensed under s. ATCP 12.02 or an employee of an animal market operator licensed under s. ATCP 12.02 who acts solely on behalf of that licensed animal market operator.
ATCP 12.03(2)(d)(d) The operator of a slaughtering establishment or an employee of a slaughtering establishment who buys livestock solely for slaughter at that slaughtering establishment.
ATCP 12.03(2)(e)(e) A person holding a license under s. 169.15, 169.18, 169.19, or 169.26, Stats., who buys, sells, or exchanges wild animals solely for breeding or feeding purposes as part of the licensed operation, provided that the person is not otherwise engaged in buying for resale, selling, exchanging, or leasing out livestock or wild animals.
ATCP 12.03(2)(f)(f) An auctioneer registered under ch. 480, Stats., who conducts only the following sales of livestock:
ATCP 12.03(2)(f)1.1. A farm auction sale at which no livestock are sold on consignment.
ATCP 12.03(2)(f)2.2. An auction sale conducted at a state, county, or district fair, or at a breed association show.
ATCP 12.03(2)(f)3.3. An auction sale conducted by a youth organization.
ATCP 12.03(3)(3)License provisions. An annual license under sub. (1) expires on June 30 and is not transferable. If the animal dealer keeps livestock at animal dealer premises, the license shall bear a livestock premises code issued to the animal dealer under s. ATCP 17.02 (7).
ATCP 12.03(4)(4)Applying for a license. An applicant for a license under sub. (1) shall apply on a form provided by the department. The application shall include all of the following:
ATCP 12.03(4)(a)(a) The person’s legal name, and any trade names under which the person does business as an animal dealer.