The following is excerpted from Memorandum to
Dog Sellers Advisory Committee.
Click here to read
the entire Memo.
TO: Dog Sellers Advisory Committee
FROM: Attorney Cheryl Daniels
SUBJECT: Questions about who is licensed under s. 173.41
There were some questions that
were raised concerning the issue of co-ownership of dogs and who might be
licensed under the definitions in s. 173.41(1), Wis. Stats.
on any particular situation concerning the ownership and control of the
breeding, raising and selling of puppies, a person may end up being a licensed
person under the statute and the premises where the breeding, raising and
selling of the puppies take place could be subject to inspection. Using the
term co-ownership when, in fact, one or more persons are really
contract managers for the true breeder, does not allow the true breeder to
avoid the reach of the statute.
Some examples to illustrate how
different specific fact situations may or may not lead to the need for
Individual owns X number of bitches. Those bitches are each
farmed out to X number of persons. These individuals agree to keep
the bitch during gestation, whelp the litter, and be responsible for the care
of bitch and puppies until they can be sold at 7 weeks of age for some
compensation. The puppies may be sold from the same home or the owner may sell
the pups from another location.
This is a situation where the
issue of the exact relationship between the parties is very important. In order
for it to be a legal co-ownership, the persons who are managing the
gestation, whelping and care must show facts of co-ownership such as:
(a) Not being directed, in main part, as to how the bitch and pups are to be
(b) Paying, in whole or part, for costs during the time the bitch and pups
are in their care.
(c) Being listed as an owner on the pups papers, and
(d) Being compensated for the pups themselves, either by the other co-owners
or outside sales.
If any of the farming out
doesnt really give rise to true co-ownership, then the person
with actual ownership and control, who has at least 3 litters and sells 25
puppies in a year, is a dog breeder under s. 173.41(1)(c), Stats. One or more
premises where the puppies are bred, raised and sold may be inspected.
An individual who owns no dogs but has arrangements to buy all or
part of litters from a variety of individuals to sell and pays the breeder of
the litter a set price.
This is a situation where the
individual will be a dog dealer under s. 173.41(1)(e), Stats., if he or she
sells, distributes or trades or offers for sale, distribution or trade 25 or
more dogs in a year. The individuals from whom the pups were purchased do not
need to be licensed or inspected, unless they raise, breed and sell 25 pups
from 3 litters so they need to be licensed as a dog breeder under our statute.
A person has a bitch but has no intention to breed her. Another
person wants to breed the bitch and get a litter from her. The owner of the
bitch may lease the dog to the person who wants the litter. Papers can be filed
with the AKC to record the person who leased the dog as the breeder of the
litter. The person who leased the dog breeds her, keeps her during gestation,
and whelps the litter. She/he cares for the bitch and puppies until the litter
is 7 weeks old and sells them. The bitch is then given back to the owner who
collects a predetermined compensation. inspected.
In this specific fact situation,
neither party is licensed under our statute. However, if the person takes 3 or
more bitches under leasing agreements, who produce 25 or more puppies that he
or she sells, then that person is deemed a dog breeder under s.
Two people co-own a dog; both names are on the registration papers.
These arrangements can involve any arrangement the two parties agree to. For
example, a person breeds a litter and sells a puppy. The breeder may agree to
co-own the pup until complete payment is made. Or, co-owners get a set number
of puppies or litters over time. Or, a co-owning relationship may improve the
chances of getting a dog shown and campaigned, improving the opportunities for
good breedings and prices.
These are the fact needed to be
(a) First, will any person be selling, distributing or trading 25 or more
puppies from at least 3 of the co-ownership litters? If yes, that person is a
dog dealer if the other co-owners do the breeding and raise the puppies. Only
the selling premises are open for inspection.
(b) Does any co-owner have control over the breeding, raising and selling of
25 puppies from at least 3 litters, even at different premises? If yes, that
person is a dog breeder and the premises (one or more) where the breeding,
raising and selling the puppies may be inspected.
MEMO: Co-ownership of Dogs and Licensing Under s. 173.41