173.27 HistoryHistory: 1997 a. 192.
173.27 Cross-referenceCross-reference: See also ch. ATCP 15, Wis. adm. code.
173.41173.41Regulation of persons who sell dogs or operate animal shelters.
173.41(1)(1)Definitions. In this section:
173.41(1)(a)(a) “Animal control facility” means a facility for the care of animals operated under a contract with a political subdivision under s. 173.15 (1).
173.41(1)(b)(b) “Animal shelter” means a facility that is operated for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals, that is used to shelter at least 25 dogs in a year, and that is operated by a humane society, animal welfare society, animal rescue group, or other nonprofit group.
173.41(1)(c)(c) “Dog breeder” means a person who sells 25 or more dogs in a year that the person has bred and raised, except that “dog breeder” does not include a person who sells 25 or more dogs in a year that the person has bred and raised if all of those dogs are from no more than 3 litters.
173.41(1)(d)(d) “Dog breeding facility” means a place at which dogs are bred and raised and from which 25 or more dogs are sold in a year, except that “dog breeding facility” does not include a place at which dogs are bred and raised and from which 25 or more dogs are sold in a year if all of the dogs that are sold in a year are from no more than 3 litters.
173.41(1)(e)(e) “Dog dealer” means a person, other than an out-of-state dog dealer, who sells, distributes, or trades, or offers for sale, distribution, or trade, 25 or more dogs in a year that the person has not bred and raised or who operates an auction at which 50 or more dogs are sold or offered for sale in a year.
173.41(1)(em)(em) “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.
173.41(1)(f)(f) “Out-of-state dog dealer” means a person who is not a resident of this state who brings 25 or more dogs into this state for sale in this state in a year.
173.41(1)(g)(g) “Temporary dog market” means a place at which persons sell dogs, and may sell other items, from booths or other spaces that are rented from or provided at no cost by the person operating the place, except that “temporary dog market” does not include a dog trial.
173.41(1)(h)(h) “Transfer” means to grant physical possession to another.
173.41(2)(2)License Required.
173.41(2)(a)(a) Except as provided in par. (e), (f), or (g), beginning on June 1, 2011, no person may do any of the following without an annual license from the department:
173.41(2)(a)1.1. Operate an animal shelter.
173.41(2)(a)2.2. Operate an animal control facility.
173.41(2)(a)3.3. Operate as a dog breeder.
173.41(2)(a)4.4. Operate a dog breeding facility.
173.41(2)(a)5.5. Operate as a dog dealer.
173.41(2)(a)6.6. Operate as an out-of-state dog dealer.
173.41(2)(b)(b) A person operating as an out-of-state dog dealer shall obtain one license under this subsection. Any other person required to obtain a license under this subsection shall obtain one license for each premises at which the person operates an animal shelter, animal control facility, or dog breeding facility or operates as a dog breeder or dog dealer.
173.41(2)(c)(c) A person shall apply for a license under par. (a) on a form provided by the department and shall provide information reasonably required by the department. An applicant shall submit the applicable fees required under sub. (3) with the application.
173.41(2)(d)(d) The department shall grant or deny an application for an initial license within 30 days after the application is complete and the applicable fees have been submitted.
173.41(2)(e)(e) A veterinarian licensed under ch. 89 practicing in the normal course of veterinary business within the scope of the license is not required to obtain a license under this subsection.
173.41(2)(f)(f) An individual providing foster care to a dog in the individual’s home at the request of a person operating an animal shelter that is licensed under this subsection is not required to obtain a license under this subsection.
173.41(2)(g)(g) An individual is not required to obtain a license for the purpose of conducting a one-time kennel liquidation, if all of the following apply:
173.41(2)(g)1.1. The individual sells no more than 30 dogs and makes all of the dogs initially available for sale at the same time.
173.41(2)(g)2.2. The individual sells only dogs that he or she owns.