DATE: April 29, 2010
TO: Dog Sellers Advisory Committee
FROM: Attorney Cheryl Daniels
SUBJECT: Questions about foster relationships and licensing under s. 173.41
were some additional questions that were raised after our meeting last
Wednesday concerning the issue of dog fostering and implications for licensing
under the definitions in s. 173.41(1), Wis. Stats.
specific fact situation will control the possibility of licensing and the
possibility that a premise might be open for inspection. Unfortunately, the
exemption listed under s. 173.41(2)(f), Stats., for an individual providing
foster care isnt really helpful because the definitions of who is to be
licensed already places that person outside of who should be licensed.
are some examples to illustrate how different specific fact situations may or
may not lead to the need for licensing:
Does the foster person
care for more than 25 dogs and then sells or distributes them and is not an
actual non-profit shelter (hasnt taken the steps under Wisconsin law to
be nonprofit association or corporation)?
Then the individual would be
licensed as a dog dealer under s. 173.41(1)(e), Stats.
Does the foster person care for more than 25 dogs, runs a nonprofit
under Wisconsin statutes and then sells or distributes the dogs?
Then the nonprofit is licensed as a shelter under s. 173.41(1)(b), Stats
Does the foster person have care and control of less than 25 dogs in
a year (doesn't matter if they are an individual or have a nonprofit under
Wisconsin statutes) and are responsible to sell or distribute the
Then they are not licensed under s. 173.41, Stats., because they dont
meet the 25 dog minimum.
Does the foster person care for any number of dogs in a year by
agreement with a nonprofit shelter, but the shelter maintains the legal control
of the dogs?
Then the foster person does not need to be licensed, even if they have over
25 dogs coming through in a year. This is because, similar to the person who
manages care under agreement for a dog breeder, this person is not a licensee
but their premise is a secondary premise of the nonprofit and may be subject to
inspection. However, as with the breeder situation, the responsibility for
meeting the requirements of the statute and rules is on the licensee, in this
case, the shelter. Violations and corrections of them are the responsibility of
Original MEMO: Dog Foster Licensing under s. 173.41