Standards of Care: General

Please note: The Standards of Care set forth in ATCP 16 apply only to those required to be licensed under Act 90 and NOT to pet or privately owned animals. (See Who Needs a License? for further information.)

   Act 90 Standards of Care

173.41(10) Standards of Care. A person who is required to be licensed under sub. (2) shall do all of the following with respect to each dog kept by the person:

       (a) Provide sufficient food to maintain the dog in good health.

       (b) Provide sufficient water to maintain the dog in good health. If fresh water is not available to the dog at all times, the person shall provide fresh water daily and in sufficient quantity for the health of the dog.

       (c) Ensure that necessary and standard veterinary care is provided in a timely manner

       (d) Ensure that the dog is not kept in an enclosure unless all of the following apply:

1. The enclosure is of an appropriate size, as determined by the department, based on the size, age, and number of dogs kept in the enclosure and the length of time the dog is kept in the enclosure.
2. The enclosure is structurally sound and maintained in good repair to protect the dog from injury.
3. If wire flooring is used, it is coated, is of a sufficient gauge to ensure that it will not cause injury to the dog, and is used only in the manner specified by the department.
4. The enclosure is maintained in a clean and sanitary condition.

       (e) Ensure that the dog is not kept in an enclosure for a period that the department determines to be excessive, considering the size of the enclosure and any other factors that the department considers relevant.

       (f) Ensure that the dog is kept outdoors only if all of the following apply:

1. The dog is of a breed or type that is typically kept outdoors.
2. The dog is acclimated to the outdoors.
3. The person provides adequate shelter from the sun and inclement weather.

       (g) Ensure that all facilities in which the person keeps the dog have adequate lighting and ventilation and that a proper temperature is maintained for the dog, considering its type or breed.

       (h) Ensure that the dog is provided adequate daily access to exercise, as determined by the department.

       (i) Ensure that the dog is observed every day by the caretaker of the premises at which the person operates or an individual under the direct supervision of the caretaker to monitor the health and temperament of the dog and to provide care to the dog as needed.

    2009 WISCONSIN ACT 90 (pdf)   

   Dog Care, General: Animal Health and Veterinarian Care

• Dogs must be handled as carefully as practicable, and in a humane manner that does not cause physical harm or unnecessary injury.

• A caretaker, or an individual acting under a caretaker’s oral or written instructions, must perform daily body, mobility and behavior checks on each dog.

• A dog with a communicable disease must be separated from other susceptible animals to minimize the risk of disease transmission to those animals.

• Dogs must be groomed as necessary to prevent abnormal matted hair and overgrown nails, and to allow freedom of movement and normal bodily functions.

• A veterinarian must examine each dog as often as necessary to ensure adequate health care.

• Sick, diseased or injured dogs must receive timely veterinary care or must be euthanized in a legal and humane manner.

• DATCP may, by written notice, require a license holder to submit a dog for veterinary examination if a DATCP inspection indicates that the dog is ill, injured or neglected.

   Dog Care, General: Housing and Transportation

• Housing and transportation: Dogs must be kept in facilities that comply with this rule (see below), and transported in compliance with this rule (see below). The facility standards do not apply to a facility used only to breed, raise and sell dogs for purposes of scientific research, provided that all of the following apply:

  • The facility was in existence, and was used only for that purpose, on the effective date of this rule.

  • The license holder does not materially expand or remodel the facility.

  • The dogs are sold from the same facility where they are bred and raised.

  • The dogs are sold only to animal care facilities licensed or registered by USDA and are not resold to any other person.

  • Dog enclosures in the facility comply with USDA rules under 9 CFR subchapter A (animal welfare).

   Dog Care, General: Exercise

• A dog must have reasonable daily exercise, based on the dog’s breed, size, age and health condition. Dogs must have daily access to a run or exercise area where they can achieve a running stride. Repetitive unsupervised physical activity (such as unsupervised placement on a moving treadmill) that restricts a dog’s ability to engage in other activity must be avoided except for good cause.

   Dog Care, General: Dog Grouping and Separation

• Dogs must be separated, as necessary, into compatible groups.

• Females in season (estrus) may not be kept in the same un-separated enclosure with sexually intact males, except for breeding purposes.

• Dogs exhibiting potentially harmful aggressive behavior must be separated from other dogs.

• Puppies under 4 months old may not be kept in the same un-separated enclosure with adult dogs other than their dam or foster dam, unless under direct supervision.

   Dog Care, General: Behavior and Socialization

• All dogs must have daily, full-body physical contact with other compatible dogs, except where such contact must be avoided for good cause.

• All dogs must have daily positive human contact, not limited to feeding time.

• All dogs must have safe play objects or other effective forms of inanimate enrichment in their primary enclosures, except where such objects or enrichment must be denied for good cause.

• Dogs may not be deprived of contact, activity or enrichment for extended periods, except for good cause.

• A license holder must have a written plan for meeting these requirements, and must instruct employees and agents on the terms of that plan.