This bill requires persons who breed and sell dogs or cats for resale (pet breeders), persons who operate pet stores selling mammals as pets (pet dealers), and persons who operate kennels and animal shelters to have licenses from the Department of Agriculture, Trade and Consumer Protection (DATCP) beginning on February 1, 2004. The bill requires DATCP to inspect each location for which a license is required before issuing a license, except that DATCP may issue an interim license for the period before it makes the initial inspection, and authorizes DATCP to make inspections at other reasonable times. The bill authorizes DATCP to promulgate rules that specify minimum standards for animal shelters and kennel facilities and facilities at which pet breeders and pet dealers operate and that specify requirements for humane care to be provided by persons who are required to be licensed. The bill provides criminal penalties for persons who operate without a required license and forfeitures (civil monetary penalties) for other violations of the provisions concerning pet breeders, pet dealers, kennels, and animal shelters.
Under current law, the minimum dog license fee is $3 for a neutered or spayed dog and $8 for a dog that is not neutered or spayed. A city, village, town, or county may impose a higher fee. Under this bill, the minimum dog license fee is increased to $5.50 for a neutered or spayed dog and $10.50 for a dog that is not neutered or spayed. Under current law, a county treasurer is required to pay 5% of the minimum dog license fee to this state. Under this bill, the county treasurer is required to pay $2 to the state for each dog license issued. Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.115 (2) (j) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:
20.115 (2) (j) Dog licenses, rabies control, and related services. All moneys received under ss. 95.21 (9) (c), 173.27, 173.40 173.41, and 174.09 (1), to provide dog license tags and forms under s. 174.07 (2), to perform other program responsibilities under ch. 174, to administer the rabies control program under s. 95.21, to help administer the rabies control media campaign, and to carry out activities under s. 93.07 (11) and ch. 173.
SECTION 2. 173.41 of the statutes is created to read:
173.41 Pet dealers, pet breeders, kennels, and animal shelters.
(1) DEFINITIONS. In this section:
(a) "Adequate food" means wholesome food that is accessible to an animal, is appropriate for the type of animal, and is sufficient in amount to maintain the animal in good health.
(b) "Adequate water" means potable water that is accessible to an animal and is sufficient in amount to maintain the animal in good health.
(c) "Animal shelter" means any of the following:
SECTION 2 ASSEMBLY BILL 536
1. A facility that is used to impound or harbor at least 25 seized, stray, abandoned, or unwanted dogs, cats, or other animals in a year and that is operated by this state, a political subdivision, or a veterinarian licensed under ch. 453.
2. A facility that is operated for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals, that is used to shelter at least 25 animals in a year, and that is operated by a humane society, an animal welfare society, or a nonprofit association.
(d) "Humane care" includes the provision of adequate heating, cooling, ventilation, sanitation, shelter, and medical care consistent with the normal requirements of an animal’s size, species, and breed, adequate food, and adequate water.
(e) "Kennel" means a facility where dogs or cats are kept for 24 hours or more for boarding, training, or similar purposes for compensation, except that "kennel" does not include any of the following:
1. An animal shelter.
2. A facility owned or operated by a veterinarian licensed under ch. 453 where animals are boarded only in conjunction with the provision of veterinary care. (em) "Livestock" means cattle, horses, swine, sheep, goats, deer, llamas, and related species, including game species.
(f) "Nonprofit association" means an incorporated or unincorporated organization consisting of 3 or more members joined by mutual consent for a common, nonprofit purpose.
(fm) "Pet breeder" means a person who sells or offers to sell at least 25 dogs or cats for resale as pets in a year, except that "pet breeder" does not include a pet dealer.
(g) "Pet dealer" means a person who sells, or offers to sell at retail, exchanges, or offers for adoption at least 25 mammals, other than livestock, as pets in a year.
(2) LICENSE REQUIRED. (a) Except as provided in par. (c), no person may operate an animal shelter or kennel without a license from the department. A person shall obtain a license under this paragraph for each separate location at which the person operates an animal shelter or kennel.
(b) Except as provided in par. (c), no person may act as a pet dealer or pet breeder without a license from the department. A person shall obtain a license under this paragraph for each separate location at which the person conducts business as a pet dealer or pet breeder.
(c) The department may issue an interim permit that authorizes a person to operate an animal shelter or kennel or to act as a pet dealer or pet breeder until the department makes the initial inspection required under sub. (4) (a).
(d) Licenses issued under pars. (a) and (b) expire on October 31 of each even–numbered year.
(e) A license issued under par. (a) or (b) is not transferable.
(3) LICENSE FEES. The department shall promulgate rules specifying fees that must be paid by applicants for licenses under sub. (2). A fee paid under this subsection is not refundable if the department denies the license.
(4) INSPECTIONS. (a) The department shall inspect each location for which a person is required to obtain a license under sub. (2) before issuing the initial license and at least once during each biennial licensing period after the initial license period. (b) In addition to the inspections required under par. (a), the department may enter and inspect a facility for which a person is required to obtain a license under sub. (2) at any reasonable time.
(5) RULES. The department may promulgate rules that specify any of the following:
(a) Minimum standards for animal shelter and kennel facilities and facilities at which 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).
(6) PENALTIES. (a) A person who operates without a license required under sub. (2) may be fined not more than $10,000 or imprisoned for not more than 9 months or both. (b) 1. Except as provided under par. (a), a person who violates this section or a rule promulgated under this section may be required to forfeit not more than $1,000 for the first offense and may be required to forfeit not less than $200 nor more than $2,000 for the 2nd or any subsequent offense within 5 years.
2. If a violation under subd. 1. involves the keeping of animals, each animal with respect to which the statute or rule is violated constitutes a separate violation.
SECTION 3. 174.05 (2) of the statutes is amended to read:
174.05 (2) TAX. The minimum dog license tax is $3 $5.50 for a neutered male dog or spayed female dog, upon presentation of evidence that the dog is neutered or spayed, and $8 $10.50 for an unneutered male dog or unspayed female dog, or one–half of these amounts if the dog became 5 months of age after July 1 of the license year.
SECTION 4. 174.053 (1) of the statutes is amended to read:
174.053 (1) MULTIPLE DOG LICENSE OPTION. Any person who keeps more than one dog may, instead of the license tax for each dog required by this chapter, apply to the collecting official for a multiple dog license for the keeping of the dogs. Such person shall pay for the license year a license tax of $35 $45.50 for 12 or fewer dogs and an additional $3 $5.50 for each dog in excess of 12. Upon payment of the required multiple dog license tax and upon presentation of evidence that all dogs over 5 months of age are currently immunized against rabies, the collecting official shall issue the multiple dog license and a number of tags equal to the number of dogs authorized to be kept by the person.
SECTION 5. 174.07 (3) (c) of the statutes is amended to read:
174.07 (3) (c) Reimbursement. The collecting official may retain 25 75 cents, or a greater amount established by the county board by ordinance or resolution, for each license issued as compensation for the service, if the collecting official is not a full–time, salaried municipal employee. If the collecting official is a full–time salaried municipal employee, this compensation shall be paid into the treasury of the town, village, or city.
SECTION 6. 174.09 (1) of the statutes is amended to read:
174.09 (1) The dog license taxes so paid to the county treasurer shall be kept in a separate account and shall be known as the "dog license fund" and shall be appropriated and disbursed for the purposes and in the manner following: fund." Within 30 days after receipt of the same dog license taxes, the county treasurer shall pay into the state treasury 5% of the minimum tax as provided for $2 for each license issued under s. 174.05 (2) of all dog license taxes which shall have been received by the county treasurer, $10 for each multiple dog license issued under s. 174.053 (1), and $2 for each dog in excess of 12 for which a multiple dog license is issued under s. 174.053 (1).
SECTION 7.0Nonstatutory provisions.
(1) POSITION AUTHORIZATION FOR PET REGULATION. The authorized FTE positions for the department of agriculture, trade and consumer protection are increased by 7.0 PR positions, to be funded from the appropriation under section 20.115 (2) (j) of the statutes, for the purpose of regulating pet dealers, breeders, kennels, and animal shelters.
SECTION 8.0Effective dates. This act takes effect on the day after publication, except as follows:
(1) The treatment of sections 20.115 (2) (j) and 173.41 of the statutes takes effect on February 1, 2004.
(g) "Pet dealer" means a person who sells, or offers to sell at retail, exchanges, or offers for adoption at least 25 mammals, other than livestock, as pets in a year. http://www.legis.state.wi.us/2003/data/AB-536.pdf
Officials in Vietnam say they've identified the
mystery disease that has wiped out hundreds of thousands of the country's
poultry in recent days.
A spokesman from the Ministry-run veterinary
department says preliminary findings have isolated the 'bird flu' as the
cause.
He says it's the first time the flu has been discovered in
Vietnam, and further tests will be conducted abroad to determine the exact
strain of the disease.
The United Nations' Food and Agriculture
Organization is sending its own team of experts into Vietnam to help tackle the
virus
Meantime, the Vietnamese Government has ordered a massive culling
campaign just weeks before the country's biggest festival.
Local
governments have been told to incinerate all chickens suspected of carrying the
virus and to quarantine all farms where sick birds were found.
Source http://www.abc.net.au/ra/newstories/RANewsStories_1023141.htm
NEWS RELEASE
Texas Animal Health Commission
Box l2966 .Austin, Texas 78711 . (800) 550-8242. FAX (512) 719-0719
Bob Hillman, DVM . Executive Director
For info, contact Carla Everett, information officer, at 1-800-550-8242,
ext. 710, or ceverett@tahc.state.tx.us
For Immediate Release--
Fowl Registration Program Slated;
Aims to Make Disease Tracing Faster
Texas animal health commissioners on February 18 will consider for adoption
proposed regulations that will require domestic and exotic fowl sellers,
distributors and transporters to register, making it easier to locate birds
in a disease outbreak. The commissioners will accept written public
comments on the proposed regulations through January 18. House Bill 2328,
passed during the 2003 Texas legislative session and signed into law,
requires the Texas Animal Health Commission (TAHC) to develop a
registration program for fowl sellers, distributors and transporters who do
not participate in recognized poultry or fowl disease surveillance programs.
"Many poultry diseases are highly contagious and when introduced into a
flock, they spread quickly, threatening not only the state's commercial
chicken and turkey industry, but also backyard flocks, caged pet birds and
fowl raised for agricultural exhibitions," said Dr. Bob Hillman, Texas'
state veterinarian and head of the TAHC, the state's livestock and poultry
health regulatory agency. "Knowing who is selling and moving birds will
allow us to access records, making it easier to track the movement of birds
among flocks."
"In April 2003, Exotic Newcastle Disease (END), a deadly poultry virus
foreign to the U.S., was confirmed in a small backyard flock near El Paso.
State and federal quarantines were imposed on five counties in Texas and
New Mexico, and for weeks, animal health teams combed neighborhoods, flea
markets, roadside stands and feed stores to test birds, and provide
information on disease, biosecurity and movement restrictions," he said.
"More than 800 flocks were tested.If these flocks had been registered, the
disease surveillance effort could have been conducted quickly and efficiently."
Dr. Hillman said that, although no additional infection was detected in El
Paso, the mere presence of END in Texas has cost the commercial poultry
industry millions of dollars, due to trade restrictions imposed by nearly
30 countries. In California, the 2002-2003 END outbreak took an even
greater toll when the virus jumped from from backyard flocks to more than
20 commercial poultry operations. By year's end, more than 3 million birds
in California had been destroyed at a cost of $160 million to finally stamp
out the viral outbreak, and thousands of hours were spent searching for
at-risk flocks and tracking the movement of birds that had been sold or
traded.
So, who does and doesn't need to register with the TAHC?
The proposed regulations exempt flocks enrolled in the National Poultry
Improvement Plan's (NPIP) U.S. Pullorum-Typhoid Clean (PT) and U.S. Avian
Influenza Clean (LPAI) programs. Or the flocks may be enrolled in Texas
Poultry Federation's avian influenza monitoring program. "These flocks
already have regular disease surveillance protocols," said Dr.
Hillman. "Flock owners also may request an individual review for
exemption, provided they participate in a program in which birds are
routinely tested for pullorum-typhoid and avian influenza."
"Registration will be required for distributors, transporters and the
dealers who sell at public sites, such as auctions, flea markets and other
venues," said Dr. Hillman. "For the most part, we are targeting domestic
fowl, such as chickens, turkeys, ducks and game fowl raised for food, eggs
or agricultural exhibition. However, dealers, distributors or transporters
of exotic or pet birds (parakeets, parrots and a host of other caged birds)
must register only if their birds are commingled or transported with
domestic fowl, or are sold at the same public venue with domestic
fowl. Exotic birds in commingled settings may be exposed to poultry
diseases, or transport viruses or bacteria, even if they are not
susceptible to infection. In a disease outbreak, it may be necessary to
trace the movement and sale of these pet birds. At the sales, all fowl and
birds must be confined to help reduce the chance for disease exposure."
Dr. Hillman stressed that the proposed registration program will not affect
current TAHC regulations requiring that poultry offered for public sale or
trade originate from flocks or hatcheries that are free of
pullorum-typhoid, diseases caused by Salmonella bacteria. Sellers must
furnish proof of their source of poultry or hatching eggs and be qualified
by the Texas Pullorum-Typhoid Program as prescribed by the Texas Veterinary
Medical Diagnostic Laboratory (TVMDL) and/or the National Poultry
Improvement Plan. Poultry that are not properly identified and qualified
as pullorum-typhoid clean are prohibited from sale and will be returned to
the owner's or dealer's premises.
"A key component for disease tracking or surveillance is good record
keeping," stressed Dr. Hillman. "Registrants will need to follow current
and proposed TAHC regulations that require dealers to maintain and make
available to the TAHC all records for two years on the sale, barter or
exchange of domestic or exotic fowl." Information that must be collected
includes the buyer's and seller's names and addresses, any movement or
health status documents, transaction dates, and the number, breed, sex and
description of the birds. Individual identification devices, such as wing
or leg bands, will not be required.
"A biosecurity component also is included in the proposed regulations and
stipulates that fowl be kept in clean and sanitary
conditions. Furthermore, registrants are to notify the TAHC of reportable
disease exposure or infections," commented Dr. Hillman.
Dr. Hillman said registration will involve completing an application
annually with the TAHC and providing a list of the locations where domestic
fowl, or domestic and exotic fowl are to be sold, distributed or
transported. HB 2328 authorizes the TAHC to charge a fee for registration,
and a sliding scale has been proposed, based on the seller's flock
size. Fees range from $25 for fewer than 100 fowl, to $500 for more than
2,500 birds. Distributors or transporters will be charged an annual fee of
$500. The registration requirement and fees also will apply to
out-of-state business operators who plan to transact business in Texas.
Dr. Hillman said the TAHC commissioners will accept public comments on the
proposed regulations through January 18. Comments should be emailed to
comments@tahc.state.tx.us or mailed to TAHC Comments, Box 12966, Austin, TX
78711-2966.
"If these proposed regulations are adopted by the 12 TAHC commissioners at
their February 18 meeting in Austin, we will work with bird and poultry
associations, markets, dealers and fowl and bird producers to implement
the regulations." noted Dr. Hillman. "TAHC staff at the TAHC offices or
Austin headquarters also will be available to answer questions or provide
registration applications." For more information, the TAHC Austin
headquarters can be reached at 1-800-550-8242."
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