Ch. ATCP 16 NoteNote: This chapter implements s. 173.41, Stats. The regulations in this chapter apply only to persons who are required to be licensed under this chapter. A license holder is responsible for ensuring that the license holder’s employees and agents comply with applicable requirements under this chapter. A person is not required to hold a license under this chapter for actions that the person takes solely as an employee or agent of a license holder, provided that those actions are within the scope of the license holder’s license.

ATCP 16.01(2)(2) “Animal control facility” means a facility in this state for the care of animals operated under a contract with a political subdivision under s. 173.15 (1), Stats.

ATCP 16.01(3)(3) “Animal shelter” means a facility or legal entity in this state 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 license year, and that is operated by a humane society, animal welfare society, animal rescue group, or other nonprofit group.

ATCP 16.01(4)(4) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 16.01(5)(5) “Dog breeder” means a person who in any license year sells at least 25 dogs, from more than 3 litters, which that person has bred and raised in this state. A person has bred and raised dogs for purposes of this paragraph if that person has owned the dogs from birth until sale, regardless of whether the person has contracted with an agent to raise the dogs on real estate owned or occupied by that agent.

ATCP 16.01(6)(6) “Dog breeding facility” means a place in this state where dogs are bred and raised and from which at least 25 dogs from more than 3 litters are sold in a license year.

ATCP 16.01(7)(a)(a) A person who in any license year sells or offers to sell in this state at least 25 dogs that the person owns but has not bred and raised.

ATCP 16.01(7)(b)(b) A person, other than an auctioneer or auction company registered under ch. 480, Stats., who in any license year brokers or arranges the sale in this state of at least 25 dogs that are under that person’s custody or control but that the person does not own and has not bred or raised.

ATCP 16.01(7)(c)(c) An auctioneer or auction company registered under ch. 480, Stats., which operates one or more auctions in this state in which a combined total of 50 or more dogs are sold or offered for sale in any license year.

ATCP 16.01(8)(8) “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.

ATCP 16.01(9)(9) “Home custody provider” means an individual who is not required to be licensed under s. ATCP 16.02 (1), but who keeps dogs at his or her home for a person who is licensed under s. ATCP 16.02 (1) (a) or (b).

ATCP 16.01(11)(11) “Out-of-state dog dealer” means a non-resident person who in any license year imports at least 25 dogs for sale in this state, regardless of whether the dogs were bred or raised by that person.

ATCP 16.01(12)(12) “Person” means an individual, corporation, partnership, cooperative, limited liability company, trust, governmental entity, academic institution, or other legal entity.

ATCP 16.01(13)(13) “Primary enclosure” means an enclosed space where a dog spends the majority of its time.

ATCP 16.01(15)(15) “Temporary dog market” means a place at which persons sell dogs, and may sell other items, from booths or other spaces that are rented or provided to those persons on a temporary basis by the market operator, except that “temporary dog market” does not include a dog trial.

ATCP 16.01 HistoryHistory: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; CR 18-032: am. (3), cr. (4m), am. (7) (a), (9) Register October 2019 No. 766, eff. 11-1-19.