Section ATCP 12.03 - Animal dealers(1) LICENSE REQUIRED. Except as provided in sub. (2), no person may do any of the following as principal or agent without an animal dealer license from the department: (a) Engage in the business of buying livestock or wild animals for resale, slaughter, or exchange.(b) Engage in the business of selling or exchanging livestock or wild animals.(d) Engage in the business of leasing out livestock or wild animals to others.(2) LICENSE EXEMPTIONS. Subsection (1) does not apply to any of the following:(a) An employee of an animal dealer licensed under sub. (1) who acts solely on behalf of that licensed animal dealer.(b) A farm operator who buys or exchanges livestock solely for dairy, breeding, or feeding operations on that farm, or who sells only livestock produced or raised on that farm.(c) An animal market operator licensed under s. ATCP 12.02 or an employee of an animal market operator licensed under s. ATCP 12.02 who acts solely on behalf of that licensed animal market operator.(d) The operator of a slaughtering establishment or an employee of a slaughtering establishment who buys livestock solely for slaughter at that slaughtering establishment.(e) A person holding a license under s. 169.15, 169.18, 169.19, or 169.26, Stats., who buys, sells, or exchanges wild animals solely for breeding or feeding purposes as part of the licensed operation, provided that the person is not otherwise engaged in buying for resale, selling, exchanging, or leasing out livestock or wild animals.(f) An auctioneer registered under ch. 480, Stats., who conducts only the following sales of livestock:1. A farm auction sale at which no livestock are sold on consignment.2. An auction sale conducted at a state, county, or district fair, or at a breed association show.3. An auction sale conducted by a youth organization.(3) LICENSE PROVISIONS. An annual license under sub. (1) expires on June 30 and is not transferable. If the animal dealer keeps livestock at animal dealer premises, the license shall bear a livestock premises code issued to the animal dealer under s. ATCP 17.02(7).(4) APPLYING FOR A LICENSE. An applicant for a license under sub. (1) shall apply on a form provided by the department. The application shall include all of the following: (a) The person's legal name, and any trade names under which the person does business as an animal dealer.(b) Each address from which the person does business as an animal dealer.(c) An annual registration application, under s. ATCP 12.045(2), for each animal transport vehicle that the person operates. Note: An animal dealer must register animal transport vehicles under s. ATCP 12.045, regardless of whether the animal dealer needs an animal trucker license under s. ATCP 12.04. An animal dealer needs an animal trucker license if the animal dealer transports livestock or wild animals for others, for hire.
(d) The fees required under sub. (5) and, if applicable, the fees under ss. ATCP 12.04(4) and 12.045(3).(dm) Additional information, if any, required under s. ATCP 17.02(4) for purposes of livestock premises registration.(e) Other relevant information required by the department for licensing purposes. Note: A person may obtain an application form under sub. (4) by calling (608) 224-4889, by visiting the department website at http://datcp.wi.gov, or by writing to the following address:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
(5) LICENSE FEES. (a) A person shall pay a basic nonrefundable annual fee of $220 for an animal dealer license under sub. (1).(b) A person shall pay a license fee surcharge of $100 if the department determines that the person, within 365 days prior to submitting a license application under sub. (4), operated as an animal dealer without a license in violation of sub. (1).(c) A person who is required to pay a license fee surcharge under par. (b) shall also pay any license fees that are due under this subsection for the license year in which the person violated sub. (1).(d) Payment of a surcharge under par. (b) or fees under par. (c) does not relieve an animal dealer of other civil or criminal liability that may result from a violation of sub. (1), nor does it constitute evidence of a violation of sub. (1).(7) ACTION ON LICENSE APPLICATION. The department shall grant or deny a license application within 30 business days after the applicant submits a complete application under sub. (4).(8) DENYING, SUSPENDING, OR REVOKING A LICENSE. The department may deny, suspend, or revoke an animal dealer license for cause, pursuant to s. 93.06(7), Stats. Cause may include any of the following: (a) Violation of ch. 95, Stats., ch. ATCP 10, or this chapter.(b) Violation of any lawful order of the department.(c) Violation of any provision of ch. 951, Stats., prohibiting crimes against animals.(d) Preventing a department employee from performing his or her official duties, or interfering with the lawful performance of those duties.(e) Physically assaulting a department employee while the employee is performing his or her official duties.(f) Improper or unauthorized use of any official tag, brand, or tattoo.(g) Refusal or failure, without just cause, to produce records or respond to a department subpoena.(h) Payment of an application fee with a worthless check.(i) Violation of 9 CFR Part 201, relating to registration or bonding requirements of the packers and stockyards.(9) ANIMAL DEALER RESPONSIBILITIES. An animal dealer shall do all of the following: (a) Maintain the animal dealer premises in a clean and sanitary condition.(b) Provide adequate food, water, shelter, bedding, and pen space for all animals held more than 12 hours.(c) Identify animals in compliance with s. ATCP 12.05.(d) Keep records in compliance with s. ATCP 12.06.(e) Handle downer animals in a humane manner, as required by s. ATCP 12.07.(f) Notify the department of any address change within 10 days.(g) Carry or post the animal dealer license issued by the department, and show the license upon request while conducting business.(h) Comply with applicable requirements, under s. ATCP 12.045, related to animal transport vehicles.(i) Transport and handle animals in a safe and humane manner.(j) Comply with 9 CFR Part 86 when moving cattle interstate or releasing cattle for interstate movement.(k) Notify potential buyers of any swine that test positive for porcine reproductive and respiratory syndrome or the porcine epidemic diarrhea virus before sold by the dealer.(9m) REINSPECTION. (a) The department may charge, to the holder of a license under this section, a reinspection fee of $150 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter, or ch. 95, Stats., noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter.(b) A reinspection fee under par. (a) is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal dealer.(10) PROHIBITIONS. An animal dealer may not: (a) Commingle animals of different species within the same vehicle or enclosure.(b) Accept delivery of livestock or wild animals from an unlicensed animal trucker, if the animal dealer knows or has reason to know that the animal trucker is unlicensed.(c) Deliver livestock or wild animals to an unlicensed animal trucker for transport, if the animal dealer knows or has reason to know that the animal trucker is unlicensed.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 12.03
Cr. Register, December, 1990, No. 420, eff. 1-1-91; r. and recr. (1), (2) and (4) (h), cr. (2m), (2r) and (2w), am. (3) (g), (4) (c), Register, March, 1995, No. 471, eff. 4-1-95; reprinted to correct error in (2r), Register, March, 1997, No. 495; am. (2m) (a), (b), (d) and (e), Register, May, 1999, No. 521, eff. 6-1-99; CR 03-121: r. and recr. Register September 2004 No. 585, eff. 10-1-04; CR 04-103: am. (3) and cr. (4) (dm) Register September 2005, No. 597, eff. 10-1-05; CR 06-009: am. (5) (a), (c) and (8) (a) Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (5) (a) Register June 2008 No. 630, eff. 7-1-09; CR 07-107: r. (6), cr. (9) (i) Register November 2008 No. 635, eff. 12-1-08; correction in (7) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635; CR 11-048: am. (2) (c), cr. (9m) Register July 2012 679, eff. 8-1-12; CR 13-058: am. (1) (intro.) Register March 2014 No. 699, eff. 6-1-14.Amended by, CR 15-092: am. (2) (b), (4) (d), cr. (8) (i) Register July 2016 No. 727, eff. 10/1/2016Amended by, CR18-085: am. (2) (d), cr. (9) (j), (k) Register May 2020 No. 773, eff. 6/1/2020