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2009 WI Act 90 Administrative Rules Process:

4/21/10 Dog Sellers Advisory Committee Meeting Recommendations

Information and documents courtesy of the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP)

Chica was a puppy mill breeder dog.

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King the beagle was purchased at the 24 September 08 Thorp Dog Auction.       The first meeting of the Dog Sellers Advisory Committee (DSAC) met on 21 April 2010. Below is a summary of topics that were discussed, and what DASC recommendations were. For more information on DSAC, please see our 2009 WI ACT 90 Administrative Rules Process: How It Works page.

 pawprint bullet point   2009 WI ACT 90 Administrative Rules Process: How It Works   pawprint bullet point

 pawprint bullet point   4/21/10 DSAC Recommendations, Printer-friendly version (pdf)   pawprint bullet point

       Please note: We thank The Wisconsin Independent Breeders Network (WIB-Net) for setting up a discussion forum for the Administrative Rules Process and inviting us to leave comments. However, the WIB-Net Discussion Forum is now closed.


1. License Renewal Time Frame:

       Recommendation:  The committee felt a fall (Sept/Oct) renewal of licensure would not be problematic for the industry.


~ * ~ * ~ * ~


2. Posting of License in licensed premises:

a. What if this is not the premises where dogs are purchased – i.e. purchased on the internet.

        Recommendation:  DATCP License number should be stated in the advertisement for sale.


~ * ~ * ~ * ~


3. Foster Care providers for more than one dog:

The statute creates an exemption from regulation for foster care providers who, at the request of Animal Shelter, are providing care for a dog.

a. Issue is how they fit if they foster more than one dog for an Animal Shelter.

       Recommendation:  The department should carefully review the definitions and provide extensive education to all groups that utilize foster care for dogs. This is particularly relevant to the Rescues that may house and distribute the dogs, but they do not ever have legal ownership of the dogs.

       Ownership is retained by the Parent Rescue organization.


~ * ~ * ~ * ~


4. Dogs brought in from other states to shelter where ‘ownership; or ‘sale’ is a question:

a. Brought in by a person who does not own them to be given to shelters.
b. Would these shelters be regarded as Out of State Dealers
c. Under record keeping a CVI of a dog brought in from out of state is required to be kept.

       Recommendation:  The department should consider if these entities are subject to regulation under the definition of dog dealer. To be a dog dealer they must sell 25+ dogs in WI, it is unclear if these animals are ‘sold’ to the WI shelter from the out of state shelter, or simply given.

       Committee members would like more information on this topic.


~ * ~ * ~ * ~


5. Record keeping forms or checklists provided by the department:

       Recommendation:  The department should create these and have them available, online and in hard copy, to be provided to licensed entities to assist them in their record keeping. (USDA– APHIS has a checklist) However the use of this checklist should not be mandated as some entities already have invested record keeping methods that work for them.


~ * ~ * ~ * ~


6. Provide a complete Record (all records required under the rule) regarding the dog to be provided to the purchaser of the dog:

       Recommendation:   If the dog did not originate from the place of sale, this information should be considered for inclusion on the CVI. (CVI content to be discussed at a later meeting.)

       Department should provide education to the consumer that these records are required to be kept by the licensed facility and the licensed facility should be able to make them readily available upon request.


~ * ~ * ~ * ~


7. Inspection Results:

a. Posted: Online and/or on the premises

       Recommendation:  The department should post all licenses entities on-line; they should also make their inspection reports available. The most recent inspection report should be posted at the licensed premises.


~ * ~ * ~ * ~


8. Licensed expired after violation and then left for a year and then reapplied for in the following year – will the violation history should be retained:

       Recommendation:  The department should ensure that the history on a legal entity is carried forward, regardless of the lapse in active licensure.


~ * ~ * ~ * ~


9. Rescue ‘Groups’ who is responsible for obtaining the license:

       Recommendation:  The department needs to make it clear that it is the entity that has ownership of the dogs that the sales count against, that entity if they sell more than 25, must be licensed.


 pawprint bullet point   21 April 10 DSAC Meeting Recommendations, Printer-friendly version (pdf)   pawprint bullet point

 pawprint bullet point   Dog Sellers Standards of Care (pdf)   pawprint bullet point   Certificate of Veterinarian Inspection (CVI) & Age of Transfer (pdf)   pawprint bullet point

 pawprint bullet point   Standards of Care Examples from Other States   pawprint bullet point

 pawprint bullet point   2009 WISCONSIN ACT 90 (pdf)   pawprint bullet point   2009 WI 90 Administrative Rules Process Overview   pawprint bullet point

 pawprint bullet point   2009 WI Act 90 Administrative Rules Process: How It Works   pawprint bullet point

 pawprint bullet point   MEMO: Dog Foster Licensing under s. 173.41   pawprint bullet point   Printer-friendly version (pdf)   pawprint bullet point

 pawprint bullet point   MEMO: Co-ownership of Dogs and Licensing Under s. 173.41 (pdf)   pawprint bullet point   Printer-friendly version (pdf)   pawprint bullet point

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