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WISCONSIN PUPPY MILL PROJECT

2009 WI Act 90 / ATCP 16 Administrative Rules

Standards of Care: Dogs Kept Indoors

Information from the "Plain Language Analysis" prepared by the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP)

This pup at Silver Lining Kennel seems to be saying, Get Me Out of Here!
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Please note: The Standards of Care set forth in ATCP 16 apply only to those required to be licensed under Act 90 and NOT to pet or privately owned animals. (See Who Needs a License? for further information.)


 pawprint bullet point   Primary Enclosure   pawprint bullet point   Whelping Enclosure   pawprint bullet point   Nursery Enclosure   pawprint bullet point

 pawprint bullet point   Temporary Enclosure   pawprint bullet point   Floors and Interior Surfaces   pawprint bullet point   Stacking Primary Enclosures   pawprint bullet point

 pawprint bullet point   Lighting, Temperature, and Ventilation   pawprint bullet point   Cleaning and Sanitization   pawprint bullet point


 

Tiny blue paw print bullet point   Dogs Kept Indoors: Primary Enclosures

Golden retriever breeder in Richland Center, WI, June 2009: 3 moms/36 pups in home bathroom!Primary enclosure; general requirements. A primary enclosure is an enclosed space where a dog spends most of its time. A primary enclosure, other than a whelping enclosure or nursery enclosure, must qualify in one of the following general categories:

  • Primary enclosure for one or more dogs that get at least 30 minutes of exercise each day. To qualify in this category, a primary enclosure must comply with all of the following requirements:

    • The area of the primary enclosure must be at least equal to the sum of the following, where each dog’s length is measured from the tip of the dog’s nose to the base of the dog’s tail:

      • For the largest dog in the primary enclosure, the following area:

        • 4.5 sq. ft. for a dog up to 10 inches long.
        • 8 sq. ft. for a dog 11 to 16 inches long.
        • 12 sq. ft. for a dog 17 to 22 inches long.
        • 18 sq. ft. for a dog 23 to 26 inches long.
        • 24 sq. ft. for a dog 26 to 30 inches long.
        • 30 sq. ft. for a dog more than 30 inches long.
      •  
      • For each additional dog in the primary enclosure, the following area:

        • 3.375 sq. ft. for a dog up to 10 inches long.
        • 6 sq. ft. for a dog 11 to 16 inches long.
        • 9 sq. ft. for a dog 17 to 22 inches long.
        • 13.5 sq. ft. for a dog 23 to 26 inches long.
        • 18 sq. ft. for a dog 26 to 30 inches long.
        • 22.5 sq. ft. for a dog more than 30 inches long.
    •  
    • The height of the primary enclosure must be at least 12 inches taller than the tallest dog in the enclosure.

    • Each dog kept in the primary enclosure must have access, for at least 30 minutes each day, to an indoor or outdoor run or exercise area. The run or exercise area must be large enough for the dog’s size and temperament (considering the number of dogs that may use the run or exercise area at any given time), and must be large enough so that the dog can achieve a running stride.

  • Primary enclosure for one dog that gets at least 120 minutes of exercise each day. To qualify in this category, a primary enclosure must meet all of the following requirements:

    • No more than one dog may be kept in the primary enclosure at any time.

    • The area of the primary enclosure must be at least equal to the following, where the dog’s length is measured from the tip of the dog’s nose to the base of the dog’s tail:

      • For a dog up to 10 inches long, 4 sq. ft.
      • For a dog 11 to 16 inches long, 6 sq. ft.
      • For a dog 17 to 22 inches long, 10 sq. ft.
      • For a dog 23 to 26 inches long, 14 sq. ft.
      • For a dog 27 to 30 inches long, 18 sq. ft.
      • For a dog longer than 30 inches long, 20 sq. ft.
    •  
    • A dog kept in the primary enclosure must spend at least 120 minutes per day in an indoor or outdoor run or exercise area. The run or exercise area must be large enough for the dog’s size and temperament (considering the number of dogs that may use the run or exercise area at any given time), and must be large enough for the dog to achieve a running stride.

 

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Tiny blue paw print bullet point   Dogs Kept Indoors: Whelping Enclosures

  • Mama golden retriever and pups in plastic swimming pool kept in breeder's bathroom. June 2009Whelping enclosure. A whelping enclosure is a primary enclosure for a single whelping dam and her puppies. A whelping enclosure must comply with all of the following requirements, rather than the general requirements for primary enclosures:

    • It must have a solid floor where the puppies are kept.

    • It must be of an appropriate type for the breed.

    • It must be tall enough for the dam to stand normally and comfortably.

    • It must be large enough for the dam to lie down in a stretched out position, so that all puppies can simultaneously nurse.

    • It must be large enough for the number and temperament of the puppies.

    • It must include an area where the dam can be physically inaccessible to the puppies. A solid floor is not required in that area.

 

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Tiny blue paw print bullet point   Dogs Kept Indoors: Nursery Enclosures

  • Puppy for sale at Adams Co. breeder, May 2010Nursery enclosure. A nursery enclosure is a primary enclosure for puppies between the age of weaning and the age of 4 months. A nursery enclosure must comply with the following requirements, rather than the general requirements for primary enclosures:

    • It must be large enough to allow all of the puppies to turn around, stand up, lie down, and exercise normal postural movements.

    • It must be large enough to encourage socialization and exercise.

 

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Tiny blue paw print bullet point   Dogs Kept Indoors: Temporary Enclosure

  • Mama pitbull in temporary enclosureTemporary enclosure for one dog. A dog may be kept for up to 12 hours a day in a temporary enclosure that does not meet primary enclosure standards if all of the following apply:

    • Only one dog is kept in the temporary enclosure at any time.

    • The temporary enclosure is long enough to accommodate the entire length of the dog’s head and body, measured from the tip of the dog’s nose to the base of the dog’s tail.

    • The temporary enclosure is tall enough for the dog to stand normally and comfortably, and large enough for the dog to turn around and lie down.

 

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Tiny blue paw print bullet point   Dogs Kept Indoors: Floors and Interior Surfaces of Indoor Primary Enclosures

  • Mama Doxie, Eau Claire Co., Oct. 2010Floors and interior surfaces of indoor primary enclosures. The following standards apply to all indoor primary enclosures:

    • Dirt floors are prohibited.

    • A floor, other than a floor in a whelping enclosure, may be constructed of metal wire mesh. Metal wire mesh floors must comply with all of the following requirements:

      • The wire must be coated with an acceptable material to prevent injury to the dogs’ feet.
      • The wire must be of an adequate gauge to prevent sagging under the weight of the dog or dogs kept in the enclosure, and to prevent injury to the dogs’ feet.
    •  
    • Any openings must be small enough to prevent the feet of the smallest dog kept in the enclosure from passing through or becoming entangled.

    • Floors and other interior surfaces must be constructed and maintained to keep dogs clean, dry and safe from injury. Surfaces must be regularly cleaned and sanitized.

 

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Tiny blue paw print bullet point   Dogs Kept Indoors: Stacking Primary Enclosures

  • Petsore puppyStacking primary enclosures. No indoor primary enclosure may be stacked on top of any other indoor primary enclosure unless the stacking arrangement complies with all of the following:

    • The floor of the top enclosure must be no higher than 52 inches from the floor of the room in which the enclosures are stacked.

    • The stacking arrangement must provide for safe dog handling, adequate ventilation and temperature control, easy cleaning and sanitization, and easy inspection of all stacked enclosures.

    • Each stacked enclosure must have a fully ventilated front side and a solid floor that can be easily cleaned and sanitized.

    • The stacked enclosures must be stable when filled to maximum capacity with dogs.

    • No dog in any of the stacked enclosures may be exposed to any excreta, urine, dirt or debris falling from a higher enclosure.

 

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Tiny blue paw print bullet point   Dogs Kept Indoors: Lighting, Temperature, and Ventilation

  • Holding cages at the Thorp Dog Auction, June 2007Lighting, temperature and ventilation. An indoor facility in which primary enclosures are located must meet all of the following requirements:

    • It must have well-distributed natural or artificial light that is adequate for proper care, maintenance and inspection of the facility and of all dogs kept in the facility.

    • All areas in which dogs are kept must have a diurnal lighting cycle.

    • It must have adequate heating and cooling facilities, and must be heated and cooled as necessary to keep temperatures within appropriate limits, based on the dog breeds kept at the facility and the ability of those breeds to acclimate to temperature variation. Dogs must be protected from heat, cold and humidity that may be injurious to their health.

    • It must be adequately ventilated with fresh or filtered air to maintain the health and comfort of all dogs and to minimize odors, drafts, ammonia levels and moisture condensation. The facility must provide an exchange of air between indoor areas where dogs are kept and the outdoors.

 

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Tiny blue paw print bullet point   Dogs Kept Indoors: Cleaning and Sanitization

  • Mama and 2 week old pups, near Eau Claire WI, 2010Cleaning and sanitization:

    • Excreta must be removed from primary enclosures and other dog holding areas at least daily, and more often as necessary for the health and comfort of all dogs.

    • Primary enclosures and other dog holding areas must be cleaned and sanitized as often as necessary to keep them free of accumulated dirt, debris and disease hazards.

    • A primary enclosure must be cleaned and sanitized before any new dog is placed in the enclosure.

    • Dogs must be removed from primary enclosures and other dog holding areas before those enclosures or areas are cleaned and sanitized. Dogs may not be returned to a cleaned or sanitized enclosure or area until the enclosure or area is dry.

    • Dogs must have clean, dry and breed-appropriate bedding, or must have a solid resting place that is appropriate for the dog’s breed, age, health and physical condition, except when alternative special arrangements are necessary for a dog’s health and safety.

 

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Act 90/ATCP 16 Information:

 pawprint bullet point   Clearing Up the Confusion About WI's New Dog Seller/ Dealer/ Shelter Law   pawprint bullet point

 pawprint bullet point   ATCP 16: Who Needs a License, Inspections, and Record-Keeping   pawprint bullet point

 pawprint bullet point   Questions and Answers for Rescues/ Shelters   pawprint bullet point   Dog Seller and Shelter Form Links   pawprint bullet point

 pawprint bullet point   Certificates of Vet. Inspection/Age of Transfer   pawprint bullet point   Certificates of Vet. Inspection FAQ   pawprint bullet point

 pawprint bullet point   ATCP 16 Standards of Care (General)   pawprint bullet point   ATCP 16 Standards of Care, Indoor Facilities   pawprint bullet point

 pawprint bullet point   ATCP 16 Standards of Care, Outdoor Facilities   pawprint bullet point   Transporting Dogs   pawprint bullet point

pawprint bullet point    Act 90/ATCP 16: Facts for Consumers   pawprint bullet point

 pawprint bullet point   ATCP 16 Plain Language Factsheet (pdf)   pawprint bullet point   ATCP 16 Full Formal Language (pdf)   pawprint bullet point

 pawprint bullet point   2009 WISCONSIN ACT 90 (pdf)   pawprint bullet point   DATCP Dog Breeders & Sellers Law web pages

 
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