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Department of Agriculture, Trade and Consumer Protection (DATCP)

Department of Agriculture, Trade and Consumer Protection (DATCP)

93.07 [DATCP duties] (10) ANIMAL HEALTH; QUARANTINE. To protect the health of animals located in this state and of humans residing in this state and to determine and employ the most efficient and practical means for the prevention, suppression, control, and eradication of communicable diseases among animals. For these purposes, the department may establish, maintain, enforce, and regulate such quarantine and such other measures relating to the importation, movement, and care of animals and their products, the disinfection of suspected localities and articled, and the disposition of animals, as the department determines are necessary. The definition of "communicable disease" in s.990.01 (5g) does not apply to this subsection

(11) Humane Activities. To cooperate with humane societies and assist duly appointed humane officers in the enforcement of the laws relating to humane education and the prevention of cruelty to animals.

95.68 (8) RULES, . The department {DATCP} may promulgate rules to specify license fees under sub.(4) or to regulate the operation of animal markets, including rules related to market operator qualifications, market construction and maintenance, construction and maintenance of animal transport vehicles, identification of animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping reports to the department and compliance with applicable financial security requirements under state or federal law

95.69 (8) RULES,. The department {DATCP} may promulgate rules to specify license fees under sub ( 4 ) or to regulate animal dealers, including rules related to animal dealer qualifications, construction and maintenance of animal transport vehicles, identification of animal transport vehicles, disease sanitation, humane treatment of animals, identification a animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.

173.27 Duties of the department The department [DATCP] shall do all of the following:

(1) RULES. (a) Adopt, by rule, standards for the training and certification of humane officers to ensure that humane officers are at least minimally qualified to perform the duties of a humane officer. The standards shall provide for training offered by the department or by others.

(b) Adopt, by rule, deadlines by which humane officers must obtain certification.

(2)TRAINING. Offer training courses for humane officers or approve training courses offered by others, or both. The department may charge a fee sufficient to recover the costs of training courses that it provides.

(3) CERTIFICATION. Examine, as necessary, and certify humane officers as qualified. The department may charge a fee, established by rule, sufficient to recover the costs of certification.

(4) REGISTRY OF HUMANE OFFICERS. Maintain and keep current a registry of all persons serving as humane officers for political subdivisions.

173.40 (5) RULES. The department [DATCP] may promulgate rules that specify any of the following;

(a) Minimum standards for animal shelter and kennel facilities and facilities that pet dealers and pet breeders operate.

(b) Minimum requirements for humane care to be provided by persons required to obtain licenses under Sub. (2)

(c) Requirements relating to the transportation of animals by persons required to obtain licenses under Sub. (2).

(d) Grounds for revocation of licenses issued under sub. (2)

(e) Grounds for the department to issue orders prohibiting a person required to be licensed under this section from selling or moving an animal.

(f) Minimum ages for the sale of animals by persons required to be licensed under sub. (2).

(g) Reinspection fees to be charged when an inspection by the department under this section reveals conditions that require correction and reinspection.

(h) Requirements for record keeping by persons required to be licensed under sub (2).

(I) Requirements relating to space and opportunity for exercise to be provided to animals by persons required to be licensed under sub. (2).

173.15 Provision of care, treatment or disposal services. ( 1) PROVIDING SERVICES. A political subdivision may provide for the case, treatment or disposal of animal taken into custody by a humane officer or law enforcement officer. A political subdivision may provide these services directly or by contracting with any other person. A political subdivision may establish standard fees for the care, custody and treatment of animals in its custody. The political subdivision may establish different fees for animal released to their owners and animals released to persons other than their owners. If the political subdivision does not establish standard fees, it may charge no more than the actual costs of care, custody or treatment to any person required to pay for the care, custody or treatment of an animal. (2) Contract for serviced. Every person entering into a contract with a political subdivision under sub(1) shall agree to do all of the following:

(a) Provide adequate care and treatment of all animals delivered under the contract.

(b) Maintain adequate records consistent with s. 173.17

(c ) Release or dispose of animals under s 173.23 or as provided in a court order.

(3) An officer or pound that has custody of unclaimed dogs shall maintain records as provided under s.173.17

(4) It shall be unlawful for any person, except a person licensed or registered and regulated under federal animal welfare laws, to take or send outside the state or to purchase or otherwise acquire in this state for the purpose of taking or sending outside the state, any living cat or dog to be used for any medical, surgical or chemical investigation, experiment or demonstration.

173.21 Holding animals for cause. (1) GROUND. A Political subdivision may withhold, or direct a person contracting under s. 173.15 (1) to withhold an animal in custody from an owner who makes an otherwise adequate claim for the animal under s. 173.23 (1) on any of the following grounds:

(a) There are reasonable grounds to believe that the owner has mistreated the animal in violation of ch.951.

(b) There are reasonable grounds to believe that the animal poses a significant threat to public health, safety or welfare.

(c) The animal may be used as evidence in a pending prosecution.

A court has ordered the animal withheld for any reason.

(2) EXAMINATION PERMITTED. If an animal is withheld under sub. (1), upon request by the owner, a veterinarian retained by the owner may examine the animal.

(3) COSTS. The owner of an animal withheld under sub. (1) is not liable for any costs of custody, care or treatment except as provided by court order.

(4) RETURN. A political subdivision or person contracting under s.173.15 (1) having custody of an animal withheld under sub. (1) shall release the animal to the owner at the direction of the humane officer or law enforcement officer that took custody of the animal if the requirements of s 173.231 (a) to ( c) are satisfied.