ON WISCONSIN: Public hearings on dog rules

2009 Wisconsin Act 90 is a new law very familiar to dog lovers in our state. Act 90, introduced as Assembly Bill 250, puts into place regulations governing the breeders of dogs and the operation of other dog facilities within the state of Wisconsin.

The passage of a bill, however, is only the first step in our efforts to put into place these protections for dogs, as well as those buying dogs from Wisconsin breeders. The next step is the adoption of administrative rules laying out more specific requirements for dog breeders and facilities.

Recently the Department of Agriculture, Trade and Consumer Protection (DATCP) announced proposed regulations governing dog sellers and dog facility operators, as well as the dates of upcoming public hearings on those rules. If you are interested, you can find a summary of the rules and the proposed rules online at https://health.wisconsin.gov/admrules/public/Home. Once there, choose search and enter “dog sellers.”

The department has announced five public hearings across Wisconsin on the proposed rules, also known as Chapter ATCP 16. Hearings will be held in Madison, Appleton, Eau Claire, Wausau and Milwaukee. Since Appleton and Milwaukee are closest to Sheboygan, I’ll provide additional information about those hearings. The hearing in Appleton will be Sept. 23 from 2-4 p.m. in Room E130 A&B of the Fox Valley Technical College (1825 N. Bluemound Drive). The Milwaukee hearing will be Sept. 30 from 6-8 p.m. at the Havenswoods State Forest Auditorium (6141 N. Hopkins St.). Information about the remaining hearings can be found online.

The proposed administrative rule requires licensure for those that operate an animal control facility, an animal shelter, a dog breeding facility or as a dog breeder, as a dog dealer or as an out-of-state dog dealer.

Under the state law and the administrative rules, a dog breeder is defined as someone who, within a license year, sells at least 25 dogs from more than three litters, which that person had bred and raised within the state of Wisconsin.

Someone who sells dogs, but does not breed them, is considered a dog dealer or an out-of-state dog dealer (if they are not a resident of Wisconsin). They are considered dealers if they sell at least 25 dogs within the state.

The proposed rules govern a number of areas surrounding the breeding and care of dogs, including: inspections, record keeping, the need for veterinary inspections of animals, general care (including food and water, animal health care, exercise and socialization), requirements for indoor enclosures (dogs kept indoors), and requirements for outdoor enclosure (for dogs kept outdoors).

As with most administrative rules, they vary from common sense to specific requirements. For example, the general care rules require that dogs be fed at least once daily, the size and nutritional content based upon

dog’s age, condition size and weight. The animal must also have access to fresh water at all times, or as often as necessary to keep well-hydrated. That’s pretty much common sense in taking care of a dog.

Rules regarding enclosures, however, get more specific. The minimum size of a dog’s primary enclosure is based on the dog’s length, as measured from the tip of its nose to the base of its tail. A dog that’s 11-16 inches long would require an enclosure of at least 8 square feet. A dog that’s 26-30 inches long, however, would require an enclosure of at least 24 square feet. And the heights of each enclosure must be at least 12 inches taller than the dog. Exceptions to these size requirements govern dogs that do not spend more than 12 hours at a time within the enclosure (as well as meeting other requirements).

In addition to providing comments about the proposed rules at public hearings, written comments can be sent to the department by mail to: DATCP-DAH, Attn: Melissa Mace, P.O. Box 8911, Madison, WI 53708- 8911 or my e-mail to: melissa.mace@wi.gov. The deadline for comments is 4:30 p.m. Friday, Oct. 8.

If you raise dogs or are interested in the animal’s safety, I encourage you to review the proposed rules and share your opinions with our state officials from DATCP. In passing this law and putting forward these rules, we want to ensure that dogs bred in Wisconsin are raised humanely and that dogs sold in Wisconsin are healthy and of good temperament; ready to become that beloved family pet!

Contact Me: If you would like to contact me regarding this or any other issue, you may call my office at 1-888-529-0026 or you can e-mail me at: Rep.VanAk keren@legis.state.wi.us. And, of course, if you want to send me a letter, you can send that to: Rep. Terry Van Akkeren, P.O. Box 8953, Madison, WI 53708-8953.