[link to Wisconsin Chapter 169. Captive Wildlife (W. S. A. 69.01 - 46)]
SUBCHAPTER I - DEFINITIONS AND GENERAL PROVISIONS
ATCP 10.025 Medical separation.
ATCP 10.045. Official individual identification application and record keeping requirements.
ATCP 10.05 Wisconsin certified veterinarians.
ATCP 10.052 Brucellosis testing and control.
ATCP 10.055. Tuberculosis testing and control.
ATCP 10.06 Certificate of veterinary inspection.
ATCP 10.08 Moving diseased animals.
ATCP 10.09 Appraised value of condemned animals.
[NOTE SUBCHAPTERS IV THROUGH X OMITTED]
SUBCHAPTER XI - OTHER ANIMALS
ATCP 10.80 Dogs and domestic cats; imports .
ATCP 10.81 Circus, rodeo, racing and menagerie animals; imports .
ATCP 10.82 Exotic ruminants; imports .
ATCP 10.84 Wild animal imports .
ATCP 10.85 South American camelids; imports.
ATCP 10.86. Elephant imports.
XII. Fairs and Exhibitions
ATCP 10.87. Fairs and exhibitions.
In this chapter:
(1) “Accredited tuberculosis--free herd” means a herd of bovine animals, farm--raised deer, or goats that is certified as tuberculosis--free by one of the following:
(a) The department under s. ATCP 10.14, 10.49, or 10.74.
(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.14, 10.49, or 10.74.
(2) “Accredited veterinarian” means a veterinarian who is both of the following:
(a) Licensed to practice veterinary medicine.
(b) Specifically authorized by the federal bureau and responsible state agency, pursuant to 9 CFR 160 to 162, to perform animal disease eradication and control functions under state and federal animal health laws.
Note: Under s. ATCP 10.05, a veterinarian who performs animal disease control and eradication functions in Wisconsin must be accredited by the federal bureau and certified by the department.
(3) “Animal dealer” means a person who is required to be licensed under s. ATCP 12.03 (1).
(4) “Animal dealer premises” means any real property, owned or controlled by an animal dealer, at which the animal dealer keeps, exhibits, or receives livestock or wild animals, or from which the animal dealer ships livestock or wild animals.
(5) “Animal market” means any premises that are open to the public for the purpose of trading in livestock or wild animals, and that have facilities to keep, feed, and water livestock or wild animals prior to sale, that is required to be licensed under s. ATCP 12.02 (1).
(6) “Animal trucker” means a person who is required to be licensed under s. ATCP 12.04 (1).
(7) “Approved equine quarantine station” means an equine quarantine station for which the department has issued a current annual permit under s. ATCP 10.37 (3).
(8) “Approved import feed lot” means a feed lot for which the department has issued a permit under s. ATCP 10.22 (9).
(9) “Axillary tuberculosis test” means a test that is used to detect tuberculosis in South American camelids.
(10) “Bison” means American bison of any age or sex, commonly known as buffalo.
(11) “Boar” means an uncastrated male swine that is sexually mature.
(12) “Bovine animal” means domestic cattle (Bos sp.) and American bison of any age or sex.
(13) “Breeder swine” means all of the following:
(a) Sexually intact swine 4 months of age or older.
(b) Swine intended for breeding, regardless of the age of the swine.
(14) “Brucellosis” means the contagious, infectious, and communicable disease caused by bacteria of the genus Brucella.
Note: Brucellosis is also known as Bang's disease, undulant fever, and contagious abortion. Brucellosis is transmissible to a variety of species including bovine animals, swine, cervids, and humans.
(15) “Brucellosis monitored herd” means a herd of farm--raised deer that is certified as a brucellosis monitored herd by one of the following:
(a) The department under s. ATCP 10.51.
(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to s. ATCP 10.51.
(16) “Brucellosis test” means a test, approved by the federal bureau and the department, which is used to determine whether an animal is infected with brucellosis.
(17) “Brucellosis uniform methods and rules” means:
(a) Except as provided in par. (b) or (c), the uniform methods and rules for the national brucellosis eradication program, as published in federal bureau publication 91-45-013 (October 1, 2003). Notwithstanding this paragraph and pars. (b) and (c), all official individual identification for all species is specified under sub. (71).
(b) In the case of swine, the uniform methods and rules for the national swine brucellosis control and eradication program, as published in federal bureau publication 91-55-042 (April, 1998).
(c) In the case of farm--raised deer, the uniform methods and rules for the national brucellosis in cervids program, as published in federal bureau publication 91-45-16 (September 30, 2003).
Note: The brucellosis uniform methods and rules are on file with the department, and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may also be obtained 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
(18) “Bull” means an uncastrated sexually mature male bovine animal.
(19) “Calf” means a sexually immature bovine animal of either sex.
(20) “Cattle” means any of the various animals of the domesticated genus Bos.
(21) “Certificate of veterinary inspection” means a written certificate that complies with s. ATCP 10.06.
(22) “Certified brucellosa ovis--free flock” means a flock of sheep that is certified by one of the following:
(a) The department under s. ATCP 10.68.
(b) The authorized animal health agency in the state where the flock is located, under standards equivalent to those in s. ATCP 10.68.
(23) “Certified brucellosis--free herd” means a herd of cattle, farm--raised deer, or goats that is certified as brucellosis--free by one of the following:
(a) The department under s. ATCP 10.12, 10.51, or 10.73.
(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.12, 10.51, or 10.73.
(24) “Cervid” means a member of the family of animals that includes deer, elk, moose, caribou, reindeer, and the subfamily musk deer. “Cervid” includes all farm--raised deer.
(25) “Chronic wasting disease” means the transmissible, contagious, infectious, and communicable disease in cervids caused by infectious proteins known as abnormal prions.
(26) “Chronic wasting disease test” means the immunohistochemistry (IHC) test, or another chronic wasting disease diagnostic test approved by the federal bureau and the department, used to determine whether an animal is infected with chronic wasting disease, and performed at a laboratory approved by the department or the federal bureau.
(27m) “Commercial swine” means a domestic hog but does not include members of the family suidae included under s. NR 16.11 (3).
(28) “Commingle” means to cause or permit any of the following:
(a) Direct contact with other animals.
(b) Unprotected contact with the same facilities, equipment, individuals, or environment contacted by other animals, under circumstances where that unprotected contact may spread disease.
(c) In the case of fish or fish eggs, contact with other fish or fish eggs or with the same water in which those other fish or fish eggs have been kept.
(29) “Communicable” means transmissible either directly or indirectly.
(30) “Contagious” means spread by contact, body secretions, or fomites.
(31) “Cow” means a female bovine animal after first calving.
(31m) “DHIA Technician” means a person approved by a service affiliate of the dairy herd improvement association to certify dairy farm production information.
(32) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection. “Department” may include an authorized agent of the department.
(32m) “Direct supervision of a veterinarian” means supervision in which the veterinarian is immediately available to continually coordinate, direct, and personally inspect the practice of the person being supervised.
(33) “Equine animal” means a horse, mule, zebra, donkey, or ass.
(34) “Equine infectious anemia” means the contagious and infectious disease of equine animals caused by a non--oncogenic retrovirus.
Note: Equine infectious anemia is also known as EIA or swamp fever.
(35) “Equine infectious anemia test” means a test approved by the department, and conducted at a laboratory approved by the department or the federal bureau, to determine whether an animal is infected with equine infectious anemia.
(36) “Equine market” means an animal market that is open to the public solely for the purpose of trading in equine animals.
(37) “Exhibition” means an organized fair, swap meet, rodeo, trail ride, show, or other organized event at which animals owned by different persons are brought together from different premises and exhibited on the same premises. “Exhibition” does not include any of the following:
(a) An animal market.
(b) An exhibition operated by an institution accredited by the association of zoos and aquariums.
(c) A wild animal exhibition operated pursuant to a permit from the Wisconsin department of natural resources.
(38) “Exotic disease” means any communicable, contagious, or infectious disease not known to exist in livestock, fish, or poultry in Wisconsin.
(39) “Exotic ruminant” means a ruminant not indigenous to Wisconsin. “Exotic ruminant” does not include domestic bovine animals, bison, cervids, alpacas, or llamas.
(40) “Exposed” means subjected to a causative agent that may cause the exposed animal to contract a contagious, infectious, or communicable disease.
(41) “Fair” means a state, county, or district fair.
(42) “Farm--raised deer” has the meaning given in s. 95.001 (1) (ag), Stats., but does not include a cervid kept by an institution accredited by the association of zoos and aquariums.
(43) “Farm--raised game bird” means a captive bird of a wild nature that is not native. “Farm--raised game bird” does not include poultry or ratites, or birds kept pursuant to a license issued under s. 169.15, 169.19, 169.20, or 169.21, Stats.
Note: The Wisconsin department of natural resources issues licenses under ss. 169.15 (captive wild animal farm licenses), 169.19 (bird hunting preserve licenses), 169.20 (dog training licenses), and 169.21 (dog trial licenses), Stats.
(44) “Federal bureau” means the animal and plant health inspection service of USDA, or any other unit of USDA that is vested with authority to administer federal laws and regulations relating to animal disease control.
(45) “Federally approved livestock marketing facility” means an animal market that complies with s. ATCP 10.07 (4).
(46) “Feeder cattle” means bovine animals, other than dairy class females, kept for the sole purpose of feeding prior to slaughter, which are not more than 18 months old as evidenced by the absence of permanent teeth, and whose sexual status is one of the following:
(a) Non--spayed female that is not parturient or post--parturient.
(b) Spayed heifer.
(c) Steer.
(47) “Feeder swine” means swine that weigh 80 pounds or less and are kept for the sole purpose of feeding for slaughter.
(48) “Feeder swine pseudorabies monitored herd” means a herd of swine that is certified as a feeder swine pseudorabies monitored herd by one of the following:
(a) The department under s. ATCP 10.27 (3).
(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to s. ATCP 10.27 (3).
(49) “Flock”, as applied to poultry, means any of the following:
(a) All poultry on a farm.
(b) A subset of poultry, on a farm, which has not commingled with other poultry on that farm for at least 21 days and which is designated as a separate flock by the department.
(50) “Flock”, as applied to sheep, means one of the following:
(a) A commonly owned or controlled group of sheep that are maintained on common ground.
(b) Two or more commonly owned or controlled groups of sheep that are maintained at geographically separate locations, if animals or people move between the locations without taking effective bio--security measures to prevent the spread of disease.
(51) “Fomite” means an inanimate object or substance that transfers infectious organisms from one animal to another.
(52) “Foreign animal disease” means any communicable, contagious, or infectious disease not known to exist in animals in the United States.
(53) “Hatchery” means premises used to hatch poultry or ratites. “Hatchery” includes incubators and setters.
(54) “Heifer” means a female bovine animal up to first calving.
(55) “Herd” means any of the following:
(a) A commonly owned or controlled group of animals that are maintained on common ground.
(b) Two or more commonly owned or controlled groups of animals that are maintained at geographically separate locations, if people, animals or equipment move between the locations without taking effective bio--security measures to prevent the spread of disease.
(55m) “Immediate family member,” as used in ch. 95, Stats., and this chapter, means a spouse, grandparent, parent, sibling, child, stepchild, grandchild, or the spouse of a grandparent, parent, sibling, child, stepchild, or grandchild.
(56) “Individual” means one of the following, as applicable:
(a) When used as a noun, a natural person.
(b) When used as an adjective, separate and distinct from all others.
(57) “Infectious” means caused by a pathogenic agent.
(57m) “Intermediate livestock handling facility” means an off--premises facility owned or leased by a slaughtering establishment that is licensed by the department or that is subject to inspection by USDA. The “intermediate livestock handling facility” is used to unload and temporarily hold animals before the animals are delivered to the slaughtering establishment.
(58) “Johne's disease” means paratuberculosis, the infectious and communicable disease of domestic ruminants that is caused by Mycobacterium avium, subsp. paratuberculosis.
(59) “Johne's disease national program standards” means the program standards for the national voluntary Johne's disease control program, as published in federal bureau publication 91-45-016 (September 2010). Notwithstanding this subsection, official individual identification for all species is specified under sub. (71).
Note: The Johne's disease national program standards are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may be obtained 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
(60) “Keep farm--raised deer” means to own, rent, or lease farm--raised deer.
(61) “Keeper of farm--raised deer” or “farm--raised deer keeper” means a person who keeps farm--raised deer.
(62) “Livestock” means bovine animals, equine animals, goats, poultry, sheep, swine other than wild hogs, farm--raised deer, farm--raised game birds, South American camelids, ratites, and fish.
Note: This definition of “livestock” applies only for purposes of this chapter. This definition is consistent with the definition in ch. ATCP 17 (livestock premises registration). More limited definitions apply for purposes of ch. ATCP 12 (animal markets, dealers and truckers), ch. ATCP 51 (livestock facility siting), and disease indemnity programs. Disease indemnities for condemned “livestock,” under s. 95.31, Stats., apply to animals of species raised primarily to produce food for human consumption (including farm--raised deer).
(63) “Livestock premises code” means the code assigned under s. ATCP 17.02 (7) or, for livestock premises located in another state, an equivalent code assigned by that other state.
(63m) “M--branded” means branded with the letter “M” to signify imported from Mexico.
(64) “Mare” means a female equine animal over 731 days of age.
(65) “Menagerie animal” means a domestic or non--domestic animal kept as part of a collection of multiple species primarily for purposes of exhibition.
(66) “Mycoplasmosis” means a disease of poultry caused by bacteria of the genus Mycoplasma.
(67) “National poultry improvement plan” means the national poultry improvement plan and auxiliary provisions dated January 2011, 9 CFR 56, 145, 146, and 147, printed in USDA--APHIS publication 91-55-088.
Note: The national poultry improvement plan is on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. The department will provide free copies to Wisconsin flock owners upon request. A flock owner may request a copy by calling (608) 224-4877, 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
(68) “Negative” means an official diagnostic test result that discloses no evidence of disease.
(68m) “Net salvage value” means the salvage value plus any federal indemnities received by the owner.
Note: The net salvage value is used to calculate any state indemnities permissible under ss. 95.23 (1m), 95.25 (5), 95.26 (7), 95.27 (4), 95.31, and 95.37, Stats.
(69) “Official back tag” means an identification back tag issued or approved by the federal bureau or the department.
Note: Examples of official back tags include the official Wisconsin bovine back tag and the official Wisconsin swine back tag.
(70) “Official ear tag” means an identification ear tag approved by the federal bureau that bears an official individual identification number meeting the requirements of one of the following:
(a) The national uniform ear tagging system developed by the federal bureau in veterinary services memorandum no. 578.12, revised March 15, 2011.
Note: A person may obtain a copy of the veterinary services memorandum by calling (608) 224-4878, by visiting the department website at: https://datcp.wi.gov/Documents/NUESTagMemorandum.pdf, 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
(b) The animal identification number developed by the federal bureau in 9 CFR 86.1 consisting of 15 digits with the first 3 digits of 840.
(c) An identification system also approved by the department.
(71) “Official individual identification” means a set of identifying characters that is uniquely associated with an individual animal. A specific “official individual identification” and its placement on an animal is differentiated, in part, by animal species, and consists of one of the following:
(a) For bovine, an official ear tag attached to the animal.
(b) For farm--raised deer, any of the following:
1. An official ear tag attached to the animal.
2. A federal bureau and department approved microchip implanted in the animal.
(c) For equine, any of the following:
1. A written or graphic description by a licensed and accredited veterinarian sufficient to identify the individual equine including all of the following:
a. Name.
b. Age.
c. Breed.
d. Color.
e. Sexual status.
f. Distinctive markings.
g. Unique and permanent forms of identification, when present, including brands, tattoos, scars, cowlicks, blemishes, or biometric measurements.
2. A federal bureau and department approved microchip implanted in the animal.
3. Digital photographs sufficient to identify the individual equine.
(d) For poultry, a leg or wing band bearing a number that uniquely identifies the bird.
(e) For ratites, a leg band bearing a number that uniquely identifies the ratite.
(f) For swine weighing 80 pounds or less, a tattoo or ear tag applied to the animal including a premises identification code, or a state registered feeder pig premises tattoo number issued by the department, or the authorized animal health agency in the state of origin, or an official ear tag attached to the animal.
(g) For breeding swine, one of the following:
1. An official ear tag attached to the animal.
2. Ear notches for registered swine.
3. A unique tattoo or ear tag applied to the animal including a unique premises identification code or state registered feeder pig premises tattoo number issued by the department or the authorized animal health agency in the state of origin provided that the animal also bears an individual identification number unique to that premises.
4. A tattoo on the ear or inner flank of any swine, if the tattoo has been recorded in the book of record of a swine registry association.
(h) For goats and sheep, one of the following:
1. An official ear tag attached to the animal.
2. A federal bureau and department approved microchip that is implanted in the animal, if the animal is registered with a breed registry and the animal is accompanied by the animal's registration documents on which the microchip number and the animal owner's name are recorded.
2m. A federal bureau and department approved microchip that is implanted in the animal, if the animal is in a scrapie free flock certification program flock or herd and the animal is accompanied by certificate of veterinary inspection with the implant number.
3. The animal's breed association or registration tattoo with the management number accompanied by registration documents in the animal owner's name.
4. A tattoo or ear tag with a unique individual identification number for the animal's premises along with a tattoo or ear tag of a unique flock identification number issued by the federal bureau.
(i) For all other animals, one of the following:
1. The animal's official ear tag attached to the animal.
2. The animal's breed association tattoo.
3. The animal's breed association registration number as documented on the animal's registration certificate.
4. A registration freeze brand number that uniquely identifies the animal.
5. A microchip if the microchip number uniquely identifies the animal and the microchip is implanted in the animal.
6. A tattoo number issued by the department.
7. A unique premises identification code issued by the department, provided the animal also bears an individual identification number unique to that premises.
8. Other identification approved by the department.
(72) “Official spayed heifer” means a female bovine animal that has had its ovaries removed and is identified by an open spade brand or spay certificate.
(73) “Official vaccinate” means a female bovine animal that is vaccinated against brucellosis, and identified and reported as a vaccinate, in compliance with s. ATCP 10.10 or equivalent laws of another state.
(74) “Open spade brand” means a branding mark consisting of the outline of an inverted heart with a short stalk at the bottom, used for the identification of spayed heifers.
(75) “Originates from a herd” or “originating from a herd” means coming from a herd, other than a group of animals temporarily assembled for sale or shipment, in which the animal was born or kept since birth, or in which the animal was kept for at least 120 days.
(76) “Originates from a state” or “originating from a state” means coming directly from one of the following:
(a) A state in which the animal was born and kept since birth.
(b) A state to which the animal was moved from a state holding an equal or better federal classification for the disease in question.
(c) A state in which the animal has been kept for at least 120 consecutive days.
(77) “Person” means an individual, corporation, partnership, cooperative, limited liability company, trust, governmental entity, academic institution, or other legal entity.
(78) “Pet bird” means a psittacine or soft bill that is not native, is not identified on the federal list of endangered and threatened species, and is not a migratory bird.
(79) “Poultry” means domesticated fowl, including chickens, turkeys, and waterfowl, which are bred for the primary purpose of exhibition or producing eggs or meat. “Poultry” does not include ratites.
(80) “Pseudorabies” means the contagious, infectious, and communicable disease of livestock and other animals that is caused by the pseudorabies herpes virus.
Note: Pseudorabies is also known as Aujeszky's disease, mad itch, and infectious bulbo--paralysis.
(81) “Pseudorabies national eradication standards” means the program standards for the national joint program on pseudorabies eradication, as published in federal publication 91-55-071 (November 1, 2003).
Note: The pseudorabies national eradication standards are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may be obtained from:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P. O. Box 8911
Madison, WI 53708-8911
(82) “Pseudorabies test” means the negative serum neutralization (SN) test or another pseudorabies diagnostic test that is approved by the department and conducted at a laboratory approved by the department or the federal bureau.
(83) “Pullorum” means a disease of poultry caused by Salmonella pullorum.
(84) “Qualified pseudorabies negative grow--out herd” means a grow--out herd of swine that is certified by one of the following:
(a) The department under s. ATCP 10.27 (2).
(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.27 (2).
(85) “Qualified pseudorabies negative herd” means a herd of swine that is certified by one of the following:
(a) The department under s. ATCP 10.27 (1).
(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.27 (1).
(86) “Racing animal” means an equine animal, or a greyhound or other racing canine, that participates or is raised to participate in races, including races at county, district, or state fairs, for money or other prizes.
(87) “Ratite” means a member of the group of flightless birds that includes the ostrich, emu, cassowary, kiwi, and rhea.
(88) “Reactor” means an animal that tests positive, in a conclusive diagnostic test, for an infectious, contagious, or communicable disease.
(88m) “Salvage value,” as used in ch. 95, Stats., means any monies received from any source for a condemned animal or animal parts by the owner of the condemned animal, other than federal government indemnities or state indemnities.
Note: The salvage value may include payments from livestock insurance or warranty programs.
(89) “Shipped directly to a slaughtering establishment” means delivered to a slaughtering establishment without being unloaded at any other location in this state.
(90) “Slaughtering establishment” means a facility to slaughter animals that is licensed and inspected by the department or USDA. “Slaughtering establishment” includes all premises used in connection with the slaughter operation including an approved intermediate livestock handling facility approved under s. ATCP 10.07 (5).
(91) “South American camelid” means a llama, alpaca, vicuna, or guanaco.
(92) “Sow” means a sexually mature female swine.
(93) “Stallion” means a male equine animal over 731 days of age, but does not include a gelding.
(94) “State veterinarian” means the administrator of the animal health division of the department, or a veterinarian whom the administrator specifically authorizes to act on the administrator's behalf.
(95) “Steer” means a castrated male bovine animal.
(96) “Suspect” means an animal that is suspected of having a disease, based on test results or other reliable information, but that is not yet confirmed to have the disease.
(97) “Swine” means a domestic hog or any variety of wild hog.
(98) “Swine growth performance test station” means premises where swine are assembled for purposes of determining feeding efficiency.
(99) “Test mare” means a mare that is used to determine the disease status of stallions with respect to contagious equine metritis.
(99m) “Trading in livestock or wild animals” means the trading, buying, selling, or swapping of livestock or wild animals.
(100) “Tuberculosis” means the contagious, infectious, and communicable disease caused by Mycobacterium bovis.
Note: Tuberculosis caused by Mycobacterium bovis is also known as bovine tuberculosis. It is transmissible not only to cattle and other bovine animals, such as bison, but also to certain non--bovine species including cervids and humans.
(101) “Tuberculosis modified accredited state” means a state that USDA has classified as a tuberculosis modified accredited state, or a state with a tuberculosis prevalence in bovine herds of at least 0.01% but not more than 0.1%.
(102) “Tuberculosis monitored herd” means, in the case of farm--raised deer, a herd that is certified as a tuberculosis monitored herd by one of the following:
(a) The department under s. ATCP 10.49.
(b) The authorized animal health agency of the state in which the herd is located, using standards equivalent to those in s. ATCP 10.49.
(104) “Tuberculosis qualified herd” means, in the case of farm--raised deer, a herd that is certified as a tuberculosis qualified herd by one of the following:
(a) The department under s. ATCP 10.49.
(b) The authorized animal health agency of the state in which the herd is located, under standards equivalent to s. ATCP 10.49.
(105) “Tuberculosis test” means a test, approved by the department, which may be used to detect tuberculosis in animals for purposes of ch. 95, Stats., this chapter, or ch. ATCP 12. “Tuberculosis test” includes any of the following tests, as applicable:
(a) A caudal fold tuberculin test or a comparative cervical tuberculin test for bovine animals.
(b) A single cervical tuberculin test or a comparative cervical tuberculin test for farm--raised deer.
(c) A dual path platform test for farm--raised deer that are white--tailed deer, red deer, elk, fallow deer, or reindeer.
(d) A post axillary tuberculosis test for camelids.
Note: Under s. ATCP 10.82 (3), the department must approve tuberculosis tests used for exotic ruminants.
(e) A test approved by the department.
(106) “Tuberculosis uniform methods and rules” means:
(a) Except as provided in par. (b), the uniform methods and rules for the national bovine tuberculosis eradication program, federal bureau publication 91-45-011 (January 1, 2005). Notwithstanding this paragraph and par. (b), all official individual identification for all species is specified under sub. (71).
(b) In the case of farm--raised deer, the uniform methods and rules for the national cervid tuberculosis eradication program dated January 22, 1999, as published in federal bureau publication 91-45-011 (January 22, 1999), as amended by federal register Volume 71, No. 81, effective April 21, 2006.
Note: The tuberculosis uniform methods and rules are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may also be obtained 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
(107) “Typhoid” or “fowl typhoid” means a disease of poultry caused by Salmonella gallinarum.
(108) “USDA” means the United States department of agriculture.
(109) “Validated brucellosis--free herd” means a herd of swine that is certified as brucellosis--free by one of the following:
(a) The department under s. ATCP 10.29.
(b) The authorized animal health agency of the state where the herd is located, under standards equivalent to those in s. ATCP 10.29.
(110) “Veal calf” means a bovine animal of either sex, not more than 120 days old, which is kept for the sole purpose of feeding prior to slaughter for veal.
(111) “Waters of the state” has the meaning given in s. 281.01 (18), Stats.
(112) “Wild animal” has the meaning given in s. 95.68 (1) (g), Stats. “Wild animal” does not include a domestic animal identified in s. ATCP 10.02.
(112m) “Wild deer disease control area” means a CWD--affected area designated by the department of natural resources under ch. NR 10 or other disease area designated by the department of natural resources or the department affecting wild cervid.
(113) “Wisconsin certified veterinarian” means a veterinarian certified under s. ATCP 10.05.
(114) “Zoo” or “zoological park” means any park, building, cage, enclosure, or other structure or premises in which a live animal or animals are kept for public exhibition or viewing, regardless of whether admission or other consideration is paid by the viewer.
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History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (106) (b) Register June 2008 No. 630, eff. 7-1-09; CR 07-107: cr. (31m) and (63m), am. (39) and (59), r. (71) (g) 3. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: cr. (27m), (57m), am. (59), (65), (67), (90), (105) (b), cr. (105) (d) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: r. (27), am. (37) (b), (42), (46) (intro.), cr. (55m), renum. (56) to (56) (intro.) and (a) and am., cr. (56) (b), (68m), renum. (70) to (70) (intro.) and (c) and am., cr. (70) (a), (b), r. and recr. (71), cr. (88m), renum. (105) (c) and (d) to (105) (d) and (e), cr. (105) (c) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (5), (8), (17) (a), (42), (45), (59), (69), (70) (intro.), (a), (71) (a), renum. (71) (b) to (71) (b) (intro.) and 1. and am., cr. (71) (b) 2., renum. (71) (c) (intro.) and to (71) (c) (intro.) and 1. (intro.) and am., renum. (71) (c) 1. to 7. to (71) (c) 1. a. to g., cr. (71) (c) 2., 3., am. (71) (f), (g) 1., 3., cr. (71) (g) 4., am. (71) (h) 1., 2., cr. (71) (h) 2m., am. (71) (h) 4., (i) 1., (90), cr. (99m), am. (101), r. (103), am. (105) (c), (106) (a) Register July 2016 No. 727, eff. 10-1-16; (71) 2m. renum. (71) (h) 2m. under s. 13.92 (4) (b) 1., Stats., Register July 2016 No. 727; CR 18-085: am. (5), (60) to (62), (90), (105) (d), cr. (112m) Register May 2020 No. 773, eff. 6-1-20.
The following animals are considered domestic animals under s. 169.01 (7), Stats., and are not considered wild animals:
(1) Livestock.
(2) Poultry.
(3) Farm-raised game birds, except farm-raised game birds that have been released to the wild.
(4) Ratites.
(5) Farm-raised fish, except fish that have been released to waters of the state.
(6) Foxes, fitch, nutria, marten, fisher, mink, chinchilla, rabbit, or caracul that are born, bred, and raised in captivity and are not endangered or threatened species.
(7) Pet birds.
(8) Animals of any species that has been domesticated by humans.
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History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.
ATCP 10.025 Medical separation.
(1) Any person requesting medical separation for premises under this chapter, including under ss. ATCP 10.07 (4) (a) 5., 10.46 (1) (f), (5) (c) and (d), and 10.61 (5m), shall pay a nonrefundable fee of $400 for each day, or portion of a day, needed to complete the inspection.
(2) The fee under sub. (1) shall be paid before the department conducts the inspection and prior to being eligible for any registration, license, or certification issued under this chapter.
(3) No inspection is required for the renewal of an existing medically separated premises if the department has previously inspected the premises for medical separation and there have been no changes in registration, licensure, certification, ownership, or use of premises.
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History: CR 18-085: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) to (3) made under s. 35.17, Stats., Register May 2020.
(1) A person who diagnoses or obtains credible diagnostic evidence of any disease identified in ch. ATCP 10 Appendix A, in an animal in this state, shall report that diagnosis or evidence to the department within one day after making the diagnosis or obtaining the evidence.
(2) A person who diagnoses or obtains credible diagnostic evidence of any disease identified in ch. ATCP 10 Appendix B, in an animal in this state, shall report that diagnosis or evidence to the department within 10 days after making the diagnosis or obtaining the evidence.
(3) A person may make a report under sub. (1) or (2) by telephone, by email, by fax, or by any other effective means of communication that ensures the report will reach the department within the applicable time limit set forth in this section. The reported information shall include official individual identification, if required under this chapter, the species, age, sex, and breed of the animal possibly infected with the disease, the address of the farm, and the premises code, if any. If the report is not initially in writing, the person shall confirm the report in writing by mail, e--mail, or fax within 10 days.
(4) If the department, the Wisconsin veterinary diagnostic laboratory, or the Wisconsin department of health services makes a diagnosis or obtains evidence under sub. (1) or (2), no other person is required to report the diagnosis or evidence under sub. (1) or (2).
(5) A person is not required to make a report under sub. (1) or (2) if another person reports the same information under sub. (1) or (2).
Note: For example, if a veterinarian submits a test sample to a laboratory and receives a positive test result for a disease identified under sub. (1) or (2), the veterinarian is not required to report the test result to the department if the laboratory does so.
(6) If the department determines that a disease reported under sub. (1) or (2) may present a threat to wild animals in this state, the department shall notify the department of natural resources of the report contents.
(7) If the state veterinarian determines that a new disease is reportable under sub. (1) or (2) because it presents a threat to animals or humans residing in this state, he or she may issue an order to make the disease reportable within one or ten days until the new disease is published under ch. ATCP 10 Appendix A or B.
Note: Separate reporting requirements apply to fish diseases under s. ATCP 10.66. Other species--specific reporting requirements may also apply under this chapter.
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History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register May 2011 No. 665; corrections in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 13-058: am. (3) Register March 2014 No. 699, eff. 6-1-14; correction in (3) made under s. 35.17, Stats., Register March 2014 No. 699; CR 15-092: am. (3) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (3), cr. (7) Register May 2020 No. 773, eff. 6-1-20.
(1) Duty to submit samples and report test results. (a) A veterinarian, qualified fish health inspector, certified veterinary technician, qualified chronic wasting disease test sampler, or DHIA technician who tests an animal in this state for any of the following diseases shall report the test results to the department, regardless of whether the test result is positive or negative:
1. Brucellosis.
2. Johne's disease.
3. Pseudorabies.
4. Tuberculosis.
5. Chronic wasting disease.
6. Viral hemorrhagic septicemia.
(am) A person under par. (a) shall submit test samples to a laboratory approved by the department.
(b) A person under par. (a) shall report a positive test result for any disease under par. (a) within the time period and by the method specified for that disease in s. ATCP 10.03.
(c) A person under par. (a) shall report a negative test result for any disease under par. (a) within 10 days after receiving that test result. The person shall report the negative test result in writing, by e--mail, or fax.
(d) A person under par. (a) is not required to report diseases under par. (a) if the laboratory analyzing the test sample reports the test result to the department according to this subsection.
(e) A test result report under this subsection shall include the official individual identification of the animal to which the test result pertains. If the animal has no official individual identification, the person under par. (a) who collects the test sample shall apply an official individual identification to any livestock, other than fish, or shall use another appropriate identifier for other non--livestock animals, prior to collecting the test sample.
(2) Duty to assist department. An owner or custodian of animals shall make those animals available to the department, at the department's request, for any disease testing that the department is authorized to perform on those animals. The owner or custodian shall restrain the animals, as necessary, to facilitate testing and protect the safety of the animal and the persons performing the testing.
(3) Presumption. For purposes of ch. 95, Stats., this chapter, and ch. ATCP 12, a laboratory test result is rebuttably presumed to be valid if the department or the federal bureau has approved or certified the laboratory to perform that type of test.
(4) Department ordered testing. If an animal is moved or imported without being tested according to this chapter or may be exposed to a disease identified in ch. ATCP 10 Appendix A or ch. ATCP 10 Appendix B, the department may order the testing performed, or may order that an authorized employee or agent of the department or the federal bureau perform the testing, at the owner's expense. Testing completed under a department order does not relieve any person from other penalties or remedies that may apply because of the illegal import or movement.
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History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (1) (title) and (a) (intro.), cr. (1) (a) 5. and 6. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (4) Register July 2012 No. 679, eff. 8-1-12; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 13-058: am. (1) (a) (intro.), (b) to (e) Register March 2014 No. 699, eff. 6-1-14; correction in (1) (a) made under s. 35.17, Stats., Register March 2014 No. 699; CR 18-085: am. (1) (title), cr. (1) (am), am. (1) (e) Regsiter May
2020 No. 773, eff. 6-1-20; correction in (1) (e) made under s. 35.17, Stats., Register May 2020 No. 773.
ATCP 10.045. Official individual identification application and record keeping requirements.
(1) Whenever a person distributes official individual identification or applies official individual identification to any animal, that person shall keep a record of the date of distribution or application, the official identification number that was distributed or applied to the animal, and the name and address of the owner of the animal.
(2) A person who is required to keep records, under sub. (1), shall do all of the following:
(a) Retain each record for at least 5 years.
(b) Make the records available to the department, upon request, for inspection and copying.
(3) (a) A person may not apply an official individual identification to any animal that already has an official individual identification, except as follows:
1. An “840” tag may be applied to an animal that has a national uniform ear tagging system ear tag under s. ATCP 10.01 (70) (a).
2. A brucellosis vaccination tag may be applied when vaccinating an animal under s. ATCP 10.10.
3. An official individual identification as approved by the department.
(b) A person that applies identification specified under this subsection shall keep a record of the existing and newly applied official identification numbers and the information under subs. (1) and (2).
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History: CR 15-092: cr. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: cr. (3) Register May 2020 No. 773, eff. 6-1-20; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2020 No. 773.
ATCP 10.05 Wisconsin certified veterinarians.
(1) Automatic certification. A veterinarian certified under this section shall follow accreditation standards under 9 CFR parts 160 to 162 and is automatically certified as a Wisconsin certified veterinarian, without any action by the department, if all the following apply:
(a) The veterinarian is currently licensed under ch. 89, Stats., to practice veterinary medicine in this state.
(b) The veterinarian is currently accredited by the federal bureau under 9 CFR parts 160 to 162.
(2) Decertification. (a) A veterinarian is no longer certified under sub. (1) if any of the following occur:
1. The veterinarian is no longer licensed under ch. 89, Stats., to practice veterinary medicine. If the veterinarian's license is temporarily suspended, the certification under sub. (1) is suspended for the period of the license suspension.
2. The veterinarian is no longer accredited by the federal bureau under 9 CFR 160 to 162. If the veterinarian's federal accreditation is temporarily suspended, the certification under sub. (1) is suspended for the period of the accreditation suspension.
3. The department suspends or revokes the certification for cause, including violations under 9 CFR parts 160 to 162.
(b) The state veterinarian may, on behalf of the department, summarily suspend or revoke the certification of a veterinarian who violates applicable requirements under ch. 95, Stats., this chapter, or ch. ATCP 12 or 16. The state veterinarian shall specify, in the order, the period of suspension or the requirements for reinstatement after revocation. A veterinarian may request a hearing before the department, pursuant to ch. 227, Stats. A request for hearing does not stay the summary suspension or revocation.
Credits
History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (2) (b) Register July 2012 No. 679, eff. 8-1-12; correction in (1) (a), (2) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718; CR 18-085: am. (1) (intro.), (2) (a) 3. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (intro.), (2) (a) 3. made under s. 35.17, Stats., Register May 2020 No. 773.
ATCP 10.052 Brucellosis testing and control.
(1) Who may collect test samples. A person who collects a brucellosis test sample, for purposes of this chapter, ch. ATCP 12 or ch. ATCP 16, shall be one of the following:
(a) An accredited veterinarian. If the veterinarian collects the sample in this state, the veterinarian shall also be a Wisconsin certified veterinarian.
(b) An authorized employee or agent of the department or the federal bureau.
(c) A person who collects samples at a slaughtering establishment under the supervision of the department or the federal bureau.
(2) Test procedure. A person who collects a brucellosis test sample under this chapter shall comply with requirements in the brucellosis uniform methods and rules that apply to that animal species, when applicable. The person shall submit the sample to a private, state, or federal laboratory that the department or federal bureau has approved to conduct brucellosis tests.
(3) Veterinarian to report. A veterinarian who collects a brucellosis test sample from an animal that resides in this state shall report the test result to the department and the animal owner according to s. ATCP 10.04 (1).
Note: A test report must include the animal's official individual identification, if required under this chapter. If, at the time of testing, a livestock animal does not have official individual identification, the person collecting the test sample must apply the official individual identification to the animal prior to collecting the test sample. If, at the time of testing, animals other than livestock do not have proper identification, the person collecting the test sample must apply a proper identifier prior to collecting the test sample. See s. ATCP 10.04 (1) (e).
(4) Classification. Upon receiving a brucellosis test result, the department or the federal bureau shall classify the tested animal as negative, suspect, or reactor, according to the brucellosis uniform methods and rules, where applicable. For species not covered by the brucellosis uniform methods and rules, the department and federal bureau shall determine animal classification. The department or the federal bureau may use supplemental brucellosis tests to confirm test results, and to evaluate whether animals may be infected with brucellosis.
(5) Reactors in livestock. (a) Within 15 days after the department or the federal bureau classifies an animal as a brucellosis reactor under sub. (4), the department shall quarantine the animal and require other testing or measures to control or eradicate the disease.
(b) The department may extend a deadline under par. (a) for good cause, but may not extend a deadline by more than 15 days without federal bureau approval.
(c) An owner of an animal raised primarily to produce food for human consumption may request an indemnity under s. 95.26 (7), Stats., for a brucellosis reactor slaughtered under par. (a). The animal owner shall file the request with the department, on a form provided by the department. An animal owner does not qualify for an indemnity if the owner fails to comply with the requirements specified in the quarantine issued by the department.
(6) Test positive animal; movement restricted. No person may sell or move an animal that tests positive on any brucellosis test until one of the following occurs:
(a) The department determines that the animal is not a brucellosis suspect or reactor.
(b) The animal is classified as a brucellosis suspect or reactor, and appropriate action is taken as determined by the department.
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History: CR 18-085: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (2) made under s. 35.17, Stats., Register May 2020.
ATCP 10.055. Tuberculosis testing and control.
(1) Who may test or collect samples. (a) A person who performs a tuberculosis test or who collects a sample for any other tuberculosis test on an animal for purposes of this chapter or ch. ATCP 12, shall have completed department--approved training on tuberculosis testing or tuberculosis sample collection within 5 years prior to the test date and shall be one of the following:
1. An accredited veterinarian. If the veterinarian performs the test on an animal in this state, the veterinarian shall also be a Wisconsin certified veterinarian.
2. An authorized employee or agent of the department or the federal bureau that is directly supervised by a veterinarian employed by the state of Wisconsin, as authorized by the state veterinarian, or employed by the federal bureau.
(b) Only a veterinarian approved by the department or an employee of the department or federal bureau may conduct confirmatory tuberculosis testing on any animal under this chapter or ch. ATCP 12.
(2) Testing approval. A person, under sub. (1), may not perform a tuberculosis test on or collect a test sample from any animal from a quarantined or known infected herd, except with the department's approval.
(3) Test reporting. A person, under sub. (1), who performs a tuberculosis test on an animal in this state, or collects a tuberculosis test sample from an animal in this state, shall report the test result to the department according to s. ATCP 10.04 (1).
Note: A test report must include the animal's official individual identification. If the animal has no official individual identification, it must be applied prior to collecting the test sample. See s. ATCP 10.04 (1) (e).
(4) Test positive animal; movement restricted. No person may sell or move an animal that tests positive on any tuberculosis test until one of the following occurs:
(a) The department determines that the animal is not a tuberculosis suspect or reactor.
(b) The animal is classified as a tuberculosis reactor and treated as determined by the department.
(5) Test positive animal; further testing and classification. Whenever the department receives a positive tuberculosis test report under sub. (3), the department or the federal bureau shall conduct confirmatory testing to determine whether the animal is a tuberculosis suspect or reactor. The department or the federal bureau shall test and classify animals according to the tuberculosis uniform methods and rules for the species of animal tested, when applicable. For species that are not covered by the tuberculosis uniform methods and rules, the department and federal bureau shall determine animal classification.
(6) Tuberculosis reactors. (a) Within 15 days after the department or the federal bureau classifies an animal as a tuberculosis reactor, the department shall quarantine the animal and require additional testing or measures to control or eradicate the disease.
(b) The department may extend a deadline under par. (a) for good cause, but may not extend a deadline under par. (a) by more than 15 days without federal bureau approval.
(c) An owner of an animal raised primarily to produce food for human consumption may request an indemnity under s. 95.25 (5), Stats., for a tuberculosis reactor slaughtered under par. (a). The animal owner shall file the request with the department, on a form provided by the department. An animal owner does not qualify for an indemnity if the owner fails to comply with pars. (a) and (b).
Note: The tuberculosis uniform methods and rules apply to cattle, bison and farm--raised deer and are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may also be obtained by written request made to the following address:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
Credits
History: CR 15-092: cr. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: cr. (5), (6) Register May 2020 No. 773, eff. 6-1-20.
ATCP 10.06 Certificate of veterinary inspection.
(1) When required. (a) Except as provided in par. (c), a certificate of veterinary inspection shall accompany every animal imported into this state.
(b) A certificate of veterinary inspection is not required for movement of animals within this state, except as specifically provided in this chapter or ch. ATCP 12 or 16.
Note: A certificate of veterinary inspection may be required under this chapter, or ch. ATCP 12 or 16 for the sale or movement of certain animals within this state. See, for example, s. ATCP 10.56 (1) related to intrastate movement of farm--raised deer, s. ATCP 10.87 (3) related to intrastate movement of swine to fairs or exhibitions, and s. ATCP 16.16 related to sales of dogs by licensed dog sellers or dog facility operators.
(c) A certificate of veterinary inspection is not required under par. (a) for imports of the following animals, unless a certificate is required in a particular case under s. ATCP 10.07:
1. A bovine animal that is exempt under s. ATCP 10.22 (1) (b).
2. A swine that is exempt under s. ATCP 10.30 (1) (b).
3. An equine animal that is exempt under s. ATCP 10.36 (2).
4. A sheep that is exempt under s. ATCP 10.69 (2).
5. A goat that is exempt under s. ATCP 10.76 (1) (b).
6. A farm--raised deer that is exempt under s. ATCP 10.55 (2).
7. A ratite that is exempt under s. ATCP 10.83 (2).
8. Fish imported in compliance with s. ATCP 10.62.
9. An invertebrate imported in compliance with ss. 94.01 and 94.03, Stats., and ch. ATCP 21.
10. An animal that is imported directly to a veterinary facility for treatment, and returned directly to its place of origin immediately after treatment, with no change in ownership.
11. An animal returning to its place of origin in this state, with no change of ownership, immediately after receiving veterinary treatment in another state.
(2) Who may issue. An accredited veterinarian shall prepare and sign a certificate of veterinary inspection, except that a Wisconsin certified veterinarian shall prepare and sign a certificate issued in Wisconsin.
(3) Form. (a) A certificate of veterinary inspection shall be issued on a form provided by, or approved by, the department. Except as required under this chapter, or ch. ATCP 12 or 16, a certificate issued in this state shall be issued on a form provided by, or approved by, the department.
Note: A certificate of veterinary inspection issued in another state for fish imported to this state must be issued on a form provided by, or approved by, the department. See s. ATCP 10.65 (1). A certificate of veterinary inspection issued for intrastate movement from a licensed dog seller or dog facility operator must be on a form issued or approved by the department. See s. ATCP 16.16.
(b) A Wisconsin certified veterinarian may obtain Wisconsin certificate of veterinary inspection forms from the department. There is a fee of $5.60 for each interstate movement form, and $0.60 for each intrastate movement form.
Note: A Wisconsin certified veterinarian may obtain forms under par. (b) by contacting the department at the following address:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4872
Fax: (608) 224-4871
(4) Contents. Except as required by other applicable provisions of law, a certificate of veterinary inspection related to a shipment of animals shall include all of the following information, which shall be verified by the issuing veterinarian:
(a) The number, species, breed, sex, age, and purpose of movement of the animals included in the shipment.
(b) Official individual identification of each animal in the shipment, if required under this chapter or ch. ATCP 12. The department may require official individual identification of animals in a particular shipment, pursuant to s. ATCP 10.07, regardless of whether official individual identification is otherwise required.
(c) The name, telephone number, if available, and address of the person shipping the animals.
(d) The following information related to the premises from which the animals are shipped:
1. The premises address.
2. The livestock premises code, if any.
3. Relevant health certification numbers issued by the state of origin, if the certificate of veterinary inspection represents that the state of origin has certified the health status of animals on the premises.
(e) The name and address of the person receiving the animals.
(f) The address, and the livestock premises code if any, of the premises where the animals will be received.
(g) The number of any permit required under s. ATCP 10.07 (2) or 10.08 (3).
(h) Other information required under this chapter for the import or movement of the animal.
Note: This chapter requires additional information for the import or movement of certain animals. Required information may include diagnostic test results, vaccination status, the disease status of the herd or flock of origin, or the disease status of the state of origin. The department may also require additional information, for particular import shipments, under s. ATCP 10.07. Also see s. ATCP 16.16 which requires different information for a certificate of veterinary inspection for dogs moved intrastate.
(i) The following statement, or one substantially similar:
“I certify, as a veterinarian, that I have inspected the animals identified on this certificate and that the animals are not showing signs of contagious or infectious disease, except where noted. Vaccinations and test results are as indicated on the certificate. To the best of my knowledge, the animals identified on this certificate meet applicable federal and state of destination requirements.”
(j) The veterinarian's signature, date of signature, inspection date, and issue date.
(5) Certificate valid for 30 days. A certificate of veterinary inspection is valid for 30 days from the date of inspection unless the department specifies additional import requirements or a different expiration date under s. ATCP 10.07 (1) (b) or (2), or if the state veterinarian determines based on an epidemiological evaluation of current disease risks in a herd, or place of origin, in Wisconsin that a different expiration date is necessary.
(6) Filing copies of certificate. (a) If this chapter requires a certificate of veterinary inspection to accompany animals imported to this state, the veterinarian who signs the certificate shall file copies with the chief livestock health official in the state of origin within 7 calendar days after issuance. The chief livestock health official shall file the certificate with the department within 7 calendar days of receipt. If the state of origin does not have a chief livestock health official that submits certificates of veterinary inspection for a particular species, the veterinarian who signs the certificate shall file copies with the department within 7 calendar days after issuance.
(b) Whenever a Wisconsin certified veterinarian issues an interstate certificate of veterinary inspection for export or intrastate movement of Wisconsin animals, the veterinarian shall file a copy of the certificate with the department within 7 calendar days after issuance. If the animals are being exported, the department shall file a copy of the certificate with the chief livestock health official of the state of destination within 7 calendar days after receipt.
(c) Whenever the department receives a certificate of veterinary inspection under sub. (1) for imported wild animals, the department shall forward a copy of that certificate to the department of natural resources.
Note: Intrastate certificates of veterinary inspection, including those issued under s. ATCP 16.16 (dog sales; certificate of veterinary inspection), are not required to be filed with the department.
(7) Animal imported to consignment sale. (a) If an animal is imported on consignment to a livestock dealer or market operator, for sale on behalf of an out--of--state seller, any required certificate of veterinary inspection that accompanies the imported animal shall continue to accompany that animal until the purchaser receives the animal.
(b) Whenever a Wisconsin certified veterinarian issues a certificate of veterinary inspection for an imported animal sold on consignment in this state, the certificate may incorporate pertinent health information from the certificate that accompanied the imported animal. The veterinarian may issue the certificate on the same certification form if the form is specifically designed for that purpose, or the veterinarian may issue a separate certificate that includes the following statement or one substantially similar:
“The vaccination record, test results, and source herd information on this certificate have been copied from the incoming certificate of veterinary inspection that was issued by (accredited veterinarian), who certified the information at (address and state of origin) on (date). A copy of the incoming certificate is attached.”
(c) Within 7 days after a Wisconsin certified veterinarian issues a certificate of veterinary inspection under par. (b), that veterinarian shall file with the department copies of that certificate and the certificate that accompanied the imported animal under par. (a).
Note: Certificates of veterinary inspection issued for dogs imported into this state and dogs sold by licensed dog sellers or dog facility operators need to comply with ss. ATCP 10.80 and 16.16. Copies of intrastate certificates of veterinary inspection on dogs are not required to be filed with the department.
Credits
History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (3) (b) Register June 2008 No. 630, eff. 7-1-08; CR 10-100: am. (1) (b) Register May 2011 No. 665, eff. 6-1-11; CR 11-048: am. (1) (b), (3) (a), (4) (intro.), (c), (5) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: r. (1) (c) 12., am. (6) (a) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (3) (a), (4) (intro.), (j), (5) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (c) 10., (4) (a), (6) (a) (b) Register May 2020 No. 773, eff. 6-1-20.
(1) General. (a) Persons importing animals to this state shall comply with applicable import requirements under this chapter and ch. ATCP 12.
(b) The state veterinarian may by written notice, or by oral notice confirmed in writing, direct a person to comply with additional import requirements if the state veterinarian determines, based on an epidemiological evaluation of current disease risks in the herd, or state or nation of origin, that those additional requirements are needed to prevent the spread of disease to this state.
Note: Whenever the state veterinarian imposes additional import requirements under par. (b), the department will determine whether those import requirements have general application. If the requirements have general application, the department will adopt an emergency rule and promulgate a permanent rule adopting the requirements.
If the import requirements under par. (b) do not have general application, they constitute an order under s. 93.07 (10), Stats. A person affected by the order may request a hearing under s. 227.42, Stats., and ch. ATCP 1.
Whenever additional import requirements under par. (b) affect imports from an entire state or a substantial portion of a state, the department will notify the chief animal health officer in the affected state.
(c) No person who receives a notice of an additional import requirement under par. (b) may import an animal in violation of the additional import requirement.
(2) Import permit. (a) Except as authorized under sub. (2m), no person may import an animal shipment to this state without an import permit from the department, if a permit is required by this chapter or ch. ATCP 12. The department may issue a permit in paper, verbal, or electronic form. Each permit shall be evidenced by a unique permit number that shall be recorded on the official certificate of veterinary inspection by the importer or accredited veterinarian.
(b) A permit under par. (a) is conditioned upon compliance with import requirements in this chapter and ch. ATCP 12, and any conditions specified when the permit is issued. Noncompliance may invalidate a permit. A permit is not evidence of compliance.
(c) The department shall grant or deny a permit under par. (a) within 30 days after the department receives a complete application. The department shall send notice of its action, provide a permit number, and forward a copy of the permit if required by this chapter. The department may notify the applicant of its action by telephone, mail, or electronic transmission.
(d) An importer, or an accredited veterinarian acting on behalf of an importer, may apply for a permit under par. (a).
Note: An importer, or an accredited veterinarian acting on behalf of an importer, may apply for a permit in any of the following ways:
1. By telephone to the following number: (608) 224-4872. The department may require the applicant to confirm a telephone application in writing, by mail, or electronic transmission.
2. By fax to the following number: (608) 224-4871.
3. By email to: datcpanimalimports@wisconsin.gov.
4. By mail to the following address:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
(e) A permit application under par. (d) shall include all of the following information:
1. The name, address, and telephone number of the importer. If an accredited veterinarian applies on behalf of an importer, the veterinarian shall also disclose his or her name, address, and telephone number.
2. The name and address of the import recipient.
3. The number and type of animals being imported.
4. The state or nation from which the animals are being imported.
5. Other relevant information required by the department.
(em) An import permit under par. (a) expires 30 days after it is issued, unless the department specifies a different expiration date on the import permit.
(f) The department shall keep, for at least 5 years, a record of every import permit under par. (a).
(2m) Blanket import permit. (a) In this subsection, “seller” means the owner of the animal being sold or the market location at which the animal is being sold, as applicable.
(b) Notwithstanding sub. (2), a blanket import permit may be issued to an accredited veterinarian or a Wisconsin importer if an import permit cannot be properly obtained under sub. (2) for any of the following reasons:
1. A Wisconsin resident anticipates a possible purchase of one or more animals at an out--of--state farm or sale at a time the department is not open for business.
2. An accredited veterinarian at an out--of--state animal sale anticipates possible purchases of one or more animals by Wisconsin buyers at the sale at a time the department is not open for business.
3. Other circumstances approved by the department.
(c) A permit under par. (b) shall comply with this subsection, import requirements in this chapter and ch. ATCP 12, and any conditions specified when the permit is issued.
Noncompliance may invalidate a permit. A permit is not evidence of compliance.
(d) A blanket import permit application under this subsection shall include all of the following:
1. For applicants who are veterinarians:
a. The date of the sale.
b. The veterinarian's name, trade name, if applicable, address including city, state, and zip code, and telephone number.
c. The seller's name, trade name, if applicable, address including city, state, and zip code, telephone number, and livestock premises code, if known.
2. For applicants who are Wisconsin importers:
a. The approximate date of the possible purchase or import.
b. The importer's name, trade name, if applicable, address including city, state, and zip code, and telephone number.
c. The state from which a purchase may be made.
d. If known, the seller's name, trade name, if applicable, address including city, state, and zip code, telephone number, and livestock premises code.
3. For all applicants under this subsection, any other relevant information required by the department.
(e) An applicant shall receive a general import permit under sub. (2) or a blanket import permit under this subsection prior to bringing an animal into Wisconsin.
(f) The department shall grant or deny a permit under par. (b) within 30 days after the department received a complete application. The department shall send notice of its action, provide an import permit number, and forward a copy of the permit if required by this chapter. The department may notify the applicant of its action by telephone, mail, or electronic transmission.
(g) A blanket import permit under this subsection expires 30 days after it is issued, unless the department specifies a different expiration date on the import permit.
(h) On the first business day after the sale, the applicant shall submit all certificates of veterinary inspection of Wisconsin--bound animals to the department or shall notify the department that no animals from the sale will be entering Wisconsin under the blanket permit issued for that sale date.
Note: An applicant for a blanket import permit may apply for a permit or submit any information required for a permit in any of the following ways that best meet the established deadlines:
1. By telephone to the following number: (608) 224-4872. The department may require the applicant to confirm a telephone application in writing, by mail, or electronic transmission.
2. By fax to the following number: (608) 224-4871.
3. By email to: datcpanimalimports@wisconsin.gov.
4. By mail to the following address:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
(i) The department shall keep, for at least 5 years, a record of every blanket permit issued under this subsection.
(3) Written permit waiving import requirements. (a) The state veterinarian may issue a written import permit that waives import requirements for a single import shipment if the state veterinarian determines all of the following:
1. That special conditions justify the waiver.
2. That the waiver does not create an undue risk to public health, safety or welfare, or to animals or the environment.
(b) A permit under par. (a) shall identify the import shipment, the import requirements waived, and the special conditions that justify the waiver. The permit may specify alternative import requirements that the state veterinarian deems necessary.
(c) A person applying for an import permit under par. (a) shall apply in writing. The application shall explain the special conditions that justify the permit, and shall include relevant documentation requested by the department.
(d) The department shall keep, for at least 5 years, a record of every permit issued under par. (a).
(e) A copy of the permit waiving any import requirements shall be attached to the certificate of veterinary inspection.
(4) Federally approved livestock marketing facilities. (a) An animal market qualifies as a federally approved livestock marketing facility, for purposes of this chapter, if all the following apply:
1. The animal market is licensed as a Class A animal market under s. ATCP 12.02.
2. The animal market operator has a current agreement with the federal bureau under 9 CFR 71.20.
3. The department has authorized the animal market to receive animal import shipments as a federally approved livestock marketing facility under this chapter.
4. The animal market operates in compliance with this section.
5. The animal market is medically separated, meeting all of the following requirements:
a. Fencing and facilities are adequate to maintain at least 30 feet of separation between the animal market and other livestock facilities at all times.
b. Bio--security procedures, including procedures to prevent the commingling of animal species, effectively prevent disease transmission between animals.
c. The department finds that the medical separation complies with this subdivision based on an inspection under s. ATCP 10.025. For each inspection under this subd. 5. c., the registrant shall pay the fee required under s. ATCP 10.025.
(am) A federally approved livestock marketing facility, under par. (a), may be a federally approved tagging site if that facility has an agreement with the federal bureau under 9 CFR 86.1.
(b) Animals of a type identified in the agreement under par. (a) 2. may be imported to the federally approved livestock marketing facility without meeting import requirements under this chapter, provided that the animals are imported in compliance with 9 CFR parts 71, 78, 79, and 85, and the agreement under par. (a) 2.
(bn) Animals imported to a federally approved livestock marketing facility shall be tested for diseases specified under this chapter prior to import.
(c) An operator of a federally approved livestock marketing facility may not do any of the following:
1. Release any animal from that market to a Wisconsin destination unless the animal meets all applicable import requirements under this chapter.
2. Fail to disclose, to the recipient of any animal released from that market, the animal's state of origin.
(d) The operator of a federally approved livestock marketing facility shall keep all records required by this chapter, ch. ATCP 12, and 9 CFR 71.20. The operator shall retain the records for at least 5 years, and shall make them available to the department for inspection and copying upon request.
(5) Intermediate livestock handling facility certification; facility approval; movement permit. (a) Definition. In this subsection, “shipment” means one or more truckloads of animals from the same source premises that are transported on the same day for delivery to the same intermediate handling facility prior to slaughter.
(b) Facility certification required. The department may issue a certificate designating a facility as an approved intermediate livestock handling facility for purposes of this section. A certificate expires June 30 annually. No facility may be certified as an intermediate livestock handling facility unless the operator of the facility holds an agreement with the federal bureau for a livestock facility at that location for handling livestock in interstate commerce pursuant to 9 CFR parts 71, 75, 78, 79, and 85 (January 2011).
(c) Facility certification application. 1. To obtain certification as an intermediate livestock handling facility, a facility operator shall submit an application on a form provided by the department.
2. The application shall identify all of the following information relating to the facility to be approved:
a. The location of the facility by street address and county or, if the address is not available, by county, town, and section.
b. A copy of the agreement with the federal bureau under par. (b).
c. The species of livestock that the facility will be handling.
d. The premises code of the facility required under ch. ATCP 17.
e. Any other relevant information required by the department.
3. The application shall include a nonrefundable fee of $140. The department shall grant or deny an application within 60 days after a complete application is filed with the department. The department may conduct any inspections it deems necessary.
Note: A person may obtain an intermediate livestock handling facility application form by calling (608) 224-4872, 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
(d) Denying, suspending or revoking a certificate. The department may deny, suspend, or revoke a certificate under this subsection for cause, including any of the following:
1. Filing an incomplete or fraudulent application, or misrepresenting any information on an application.
2. Violating ch. 95, Stats., or this chapter.
3. Violating the terms of the certificate.
(e) Conditional certificate. The department may issue a certificate under this subsection on a conditional basis, contingent upon pertinent circumstances or acts. If a certificate is conditioned upon compliance with specific requirements within a specific time period, and the certificate holder fails to comply with those requirements within that time period, the certificate is void.
(f) Facility requirements. A certified intermediate livestock handling facility may accept shipment of and handle only one species of livestock at the facility and shall meet all of the following requirements:
1. Animals may not be held more than 7 days at the facility and ownership of the animals may not be transferred by the operator during that 7 days.
2. Animals transported in vehicles closed with official seals may not enter the facility.
3. Animals may not enter the facility except pursuant to a movement permit issued under par. (h).
4. Animals may not be released from the facility except pursuant to the movement permit issued under par. (h) and may only be released directly to slaughter at the original slaughter destination facility listed in the movement permit.
5. Each shipment of animals shall be kept separated, in pens, from other shipments of any animals while in the intermediate livestock handling facility. No animals may be added to a pen holding animals from a separate shipment delivered to the facility under a separate movement permit.
6. The certified intermediate livestock handling facility premises may not house any other livestock at the facility except for livestock approved in the application under par. (c) 2. c.
7. Serviceable cleaning and disinfecting equipment shall be furnished, maintained, and used as necessary in the facility.
8. A sign shall be posted at all facility entrances and exits stating: “All animals entering this facility are only released directly to slaughter.”
9. The operator of a certified intermediate livestock handling facility shall keep complete and accurate records of all animals entering and leaving the facility organized by movement permit number. The operator shall retain the records for at least 5 years after the animals leave the facility, and shall make the records available for inspection and copying by the department or the federal bureau upon request. Records shall include all of the following:
a. A record of each animal shipment received, including the date of receipt, the number of animals in the shipment, the name and address of the shipper, the name and address from which the shipment originated, any official individual identification of any animal in the shipment, any documents related to any animal in the shipment, and the movement permit number issued under par. (h).
b. A record of each animal leaving the facility, including the date the animal left, the number of animals included in the truckload, the name and address of the shipper, the name and address of the person receiving the animals, any official individual identification of any animal in the truckload, and the movement permit number issued under par. (h).
c. A record of any animal that died in the facility, including the date of death, any official individual identification on the animal that died, any document related to the animal that died including necropsy or test result reports, the movement permit number under which the animal entered the facility, and the final disposition of the carcass.
(g) Movement permit. No person may move animals into or out of a certified intermediate livestock handling facility except pursuant to a movement permit from the department under par. (h).
(h) Movement permit application. To obtain a movement permit, a facility operator shall submit an application on a form provided by the department. The application shall be submitted to the department before any animals listed in the permit application are delivered to the facility. The application shall include the name and street address of the certified intermediate livestock handling facility accepting delivery of the animal shipment, the breed and quantity of animals in the shipment, the name and street address of the origin of the shipment, the name and street address of the slaughtering establishment destination for the shipment, and the name and address of the shipper. The operator of the facility may make the application by fax or email. The permit shall be evidenced by a unique movement permit number. The department may issue the movement permit number in paper, verbal, or electronic form. The movement permit number shall be recorded on the movement permit by the department or the facility operator, as applicable.
Credits
History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: r. and recr. (4) (c) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (2) (a), (b), (c), cr. (3) (e) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (2) (a), cr. (2m) Register March 2014 No. 699, eff. 6-1-14; correction in (1) (b) made under s. 35.17, Stats., Register March 2014 No. 699; CR 15-092: am. (4) (title), (a) (intro.), 3., cr. (4) (am), am. (4) (b), (c) (intro.), (d) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (4) (a) 1., cr. (4) (a) 5., (bn), (5) Register May 2020 No. 773, eff. 6-1-20; correction in (5) (a), (b), (c) 2. a. made under s. 35.17, Register May 2020 No. 773.
ATCP 10.08 Moving diseased animals.
(1) GENERAL. No person may, in connection with the import, sale, movement, or exhibition of any animal, do any of the following:
(a) Knowingly conceal that the animal has been infected with or exposed to any contagious or infectious disease.
(b) Knowingly misrepresent that the animal has not been exposed to or infected with any contagious or infectious disease.
(c) Knowingly permit an animal that has been exposed to or infected with a contagious or infectious disease to commingle with other animals under conditions that may cause the disease to spread to an animal owned by another person.
(2) CONTAGIOUS OR INFECTIOUS DISEASES. Except as provided in sub. (3), no person may sell or move any animal that is infected with or exposed to any of the following contagious or infectious diseases, or any animal that the department has classified as a suspect or reactor for any of the following contagious or infectious diseases:
(a) Anthrax.
(b) Brucellosis.
Note: See also ss. ATCP 10.11, 10.28 (4), and 10.50 (4).
(c) Chronic wasting disease.
(d) Equine encephalomyelitis.
(e) Equine infectious anemia.
(f) Foot and mouth disease.
(g) Hog cholera (classic swine fever).
(h) Vesicular stomatitis.
(i) Mycoplasma gallisepticum.
(j) Pseudorabies.
(k) Psoroptic mange.
(L) Pullorum.
(m) Rabies.
(n) Salmonellosis entriditis in poultry.
(o) Scrapie.
(p) Sheep foot rot.
(q) Swine dysentery.
(r) Tuberculosis.
Note: See also ss. ATCP 10.055 (2) and (3), 10.13 (3), and 10.48 (6).
(s) Vesicular exanthema.
Note: See ss. ATCP 10.16 related to Johne's disease. Animals infected with or exposed to other contagious or infectious diseases, not listed in par. (a), may be quarantined at the discretion of the department under s. ATCP 10.89 and other provisions of this chapter.
(3) PERMIT TO MOVE. (a) The department may issue a permit allowing a movement of animals that is otherwise prohibited under this chapter. The permit may allow movement for slaughter or other purposes prescribed by the department in the permit, subject to terms and conditions prescribed in the permit. The department shall grant or deny a permit under this subsection within 5 business days after the department receives a complete permit application containing all information required by the department.
(b) If a permit under par. (a) allows movement to a slaughtering establishment for slaughter, the slaughtering establishment operator shall report to the department the results of any post-mortem examination of the animal. The operator shall file the report within 7 days after the operator receives the animal at the slaughtering establishment.
(4) REMOVING LIVESTOCK FROM SLAUGHTER ESTABLISHMENT. No person may remove any livestock animal from a slaughtering establishment after the animal has been off-loaded at the slaughtering establishment unless the animal is removed under a special permit issued by the state veterinarian. The state veterinarian shall grant or deny a permit application within 5 business days after he or she receives a complete application.
(5) RELEASE OF DISEASED WILD ANIMAL. A person who knows or has reason to know that a captive wild animal has been infected with or exposed to a disease identified in s. ATCP 10.03 may not release the animal to the wild unless a certified veterinarian finds that the animal is free of the disease at the time of release. The veterinarian shall make the finding on a certificate of veterinary inspection that is filed with the department.
Note: See also ss. 169.04 (2) (d) and 169.06 (1) (d), Stats.
Credits
History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (4) and (5) Register November 2008 No. 635, eff. 12-1-08.
ATCP 10.09 Appraised value of condemned animals.
If the owner of an animal destroyed under ss. 95.21 (4) (b), 95.23 (1m), 95.25, 95.26, 95.27, or 95.31 (3) or (4), Stats., is eligible for a state indemnity for that animal under ch. 95, Stats., and if the animal is of a type not frequently sold at public auction, the department shall appoint a knowledgeable independent appraiser to determine the appraised value of the animal. The appraiser shall determine the appraised value based on the animal's size, species, sex, and grade or quality, and by relevant information related to prevailing market prices for animals of that size, species, sex, and grade or quality. The appraiser may, as appropriate, conduct market surveys to obtain relevant price information.
Credits
History: CR 07-107: cr. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. Register July 2012 No. 679, eff. 8-1-12.
[NOTE SUBCHAPTERS IV THROUGH X OMITTED]
SUBCHAPTER XI - OTHER ANIMALS
ATCP 10.80 Dogs and domestic cats; imports.
(1) Certificate of veterinary inspection. Except as specified under sub. (3), no person may import any dog or domestic cat into this state unless it is accompanied by a valid certificate of veterinary inspection. The certificate shall indicate all of the following:
(a) The age of the dog or domestic cat.
(b) A report of rabies vaccination if required under sub. (2). The report shall include the date on which the dog or domestic cat was last vaccinated for rabies by a licensed veterinarian.
(c) The date on which the dog or domestic cat is due to be vaccinated or re--vaccinated for rabies.
(2) Rabies vaccination requirement. (a) Except as provided in par. (b), no person may import a dog or domestic cat into this state unless the dog or domestic cat has a current rabies vaccination.
(b) An imported dog or domestic cat that is under 5 months of age may be imported without a current rabies vaccination administered by a licensed veterinarian, provided that the owner has the dog or cat vaccinated by a licensed veterinarian by the date on which the dog or cat reaches 5 months of age.
(c) A rabies vaccination under this section shall comply with label instructions, age standards, and time standards approved by the federal bureau for the type of vaccine used.
(3) A certificate of veterinary inspection is not required under sub. (1) for any of the following:
(a) A dog or domestic cat imported directly to a veterinary facility for treatment, provided that the dog or domestic cat is returned to its place of origin immediately following treatment and there is no change of ownership while the dog or domestic cat is in this state.
(b) A dog or domestic cat returning directly to its place of origin in this state following treatment in a veterinary facility outside this state, provided that the dog or domestic cat was taken directly to the veterinary facility and there was no change of ownership while the dog or domestic cat was outside the state for veterinary treatment.
Credits
History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: cr. (1) (title), r. and recr. (1) (a), am. (1) (b), (c), r. and recr. (2), renum. (3) to be (2) (c) Register July 2012 No. 679, eff. 8-1-12; CR 15-092: am. (1) (intro.), cr. (3) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (3) (a), (b) Register May 2020 No. 773, eff. 6-1-20.
ATCP 10.81 Circus, rodeo, racing and menagerie animals; imports.
(1) PERMIT REQUIRED. No person may import any circus, rodeo, or menagerie animal into this state without a written permit from the department under s. ATCP 10.07 (2).
(2) PERMIT CONDITIONS. A permit under sub. (1) is subject to the following conditions:
(a) Every animal shall be accompanied by a valid certificate of veterinary inspection. The certificate shall include the number of the import permit issued by the department under sub. (1).
(b) All animals shall meet applicable import requirements under this chapter.
(c) All animals shall be isolated from non-circus, non-rodeo, and non-menagerie animals, and from native wildlife in the state. Facilities and vehicles used for the animals shall be cleaned and disinfected before being used for other animals.
Note: Animals used for racing events must comply with the import requirements for that species under this chapter.
Credits
History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (title), renum. (1) (a) to be (1) and am., r. (1) (b), am. (2) (a) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: renum. (1) (a) to (1) Register March 2014 No. 699, eff. 6-1-14.
ATCP 10.82 Exotic ruminants; imports.
(1) Certificate of veterinary inspection. No person may import an exotic ruminant into this state unless a valid certificate of veterinary inspection accompanies the animal. The certificate shall include the following information:
(a) The import permit number under sub. (2).
(b) A report of a negative tuberculosis test under sub. (3).
(c) A report of a negative brucellosis test under sub. (4).
(2) Import permit. No person may import an exotic ruminant into this state without an import permit under s. ATCP 10.07 (2).
(3) Tuberculosis test required. (a) Except as provided under par. (b), no person may import an exotic ruminant into this state unless the exotic ruminant tests negative on a tuberculosis test that is approved by the department for that species of exotic ruminant. The test shall be conducted not more than 60 days prior to the import date.
Note: Information regarding approved tuberculosis testing of specific species may be found by contacting the department at the following address:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608)224-4872
(b) Paragraph (a) does not apply to an exotic ruminant imported directly to an institution accredited by the association of zoos and aquariums. An animal imported to an accredited institution under this paragraph may not be moved to any place in Wisconsin that is not an accredited institution unless the animal tests negative on a tuberculosis test approved for that species by the department. The test shall be conducted not more than 60 days before the animal is moved.
(4) Brucellosis test required. (a) Except as provided in par. (b), no person may import an exotic ruminant into this state unless the animal tests negative on a brucellosis test conducted not more than 30 days prior to the import date.
(b) Paragraph (a) does not apply to any of the following:
1. An exotic ruminant imported directly to an institution accredited by the association of zoos and aquariums. An exotic ruminant imported to an accredited institution under this paragraph may not be moved to any place that is not an accredited institution under this paragraph, unless the exotic ruminant tests negative on a brucellosis test conducted not more than 30 days before the exotic ruminant is moved.
2. An exotic ruminant that has been gelded.
Credits
History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (2) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (3) (b), (4) (b) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: r. (3) (c), renum. (4) (b) to (4) (b) (intro.) and 1. and am., cr. (4) (b) 2. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (3) (b) Register May 2020 No. 773, eff. 6-1-20.
No person may import a ratite into this state unless both the following apply:
(1) The person holds an import permit under s. ATCP 10.07 (2).
(2) The ratite is accompanied by a valid certificate of veterinary inspection. A certificate of veterinary inspection is not required if the ratite is imported directly from a federal quarantine facility.
Note: The department recommends, but does not require, that every ratite imported into Wisconsin be isolated on the recipient's premises for at least 14 days, and that the bird be tested for avian influenza before being allowed to commingle with other ratites or poultry.
Credits
History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.
Current through Wisconsin Register 772B, published April 27, 2020
ATCP 10.84 Wild animal imports.
(1) Import requirements; general. (a) Except as provided in par. (b), no person may import a wild animal to this state unless all of the following apply:
1. The person holds an import permit under s. ATCP 10.07 (2) for that import.
2. The animal is accompanied by a valid certificate of veterinary inspection.
(b) Paragraph (a) does not apply to any of the following:
1. An invertebrate imported in compliance with ss. 94.01 and 94.03, Stats., and ch. ATCP 21.
2. A domestic animal identified in s. ATCP 10.02.
Note: Domestic animals are subject to other import regulations under this chapter.
(2) Harmful wild animals. The department may not issue a permit under s. ATCP 10.07 (2) for a wild animal import requiring department of natural resources authorization under s. 169.11 (1) (c), Stats., unless the department of natural resources has given that authorization.
(3) Imports prohibited. Except as provided in sub. (4), no person may import any of the following animals to this state:
(a) Prairie dogs.
(b) Any of the following rodents from Africa:
1. Tree squirrels.
2. Rope squirrels.
3. Dormice.
4. Gambian giant pouched rat.
5. Brush--tailed porcupine.
6. Striped mice.
(4) Exemptions. The department may issue an import permit under s. ATCP 10.07 (2) for an animal identified in sub. (3) if all of the following apply:
(a) The department complies with sub. (2).
(b) One of the following applies:
1. The animal is imported directly to an institution accredited by the association of zoos and aquariums, or to a wildlife exhibition licensed by USDA.
2. The animal is imported directly to a research facility that, in the department's judgment, is a bona fide research facility.
3. The animal is imported directly to a veterinary facility for treatment, provided that the animal is returned to its place of origin immediately after treatment and there is no change of ownership while the animal is in this state.
4. The animal is returning directly to its place of origin in this state following veterinary treatment in another state, provided there was no change of ownership while the animal was outside this state.
Credits
History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 13-058: am. (4) (b) 1. Register March 2014 No. 699, eff. 6-1-14: CR 18-085: am. (4) (b) 4. Register May 2020 No. 773, eff. 6-1-20.
ATCP 10.85 South American camelids; imports.
No person may import a South American camelid into this state unless the South American camelid is accompanied by a valid certificate of veterinary inspection. The certificate shall include the official individual identification of the South American camelid.
Credits
History: CR 07-107: cr. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. Register March 2014 No. 699, eff. 6-1-14.
Current through Wisconsin Register 772B, published April 27, 2020
(1) Certificate of veterinary inspection. No person may import an elephant into this state unless a valid certificate of veterinary inspection accompanies the animal. The certificate shall include the following information:
(a) The import permit number under sub. (2).
(b) A report of a negative tuberculosis test under sub. (3).
(2) Import permit. No person may import an elephant into this state without an import permit under s. ATCP 10.07 (2).
(3) Tuberculosis test required. (a) Except as provided under par. (b), no person may import an elephant into this state unless the elephant tests negative on a tuberculosis test that is approved by the department. At least one approved tuberculosis test shall be conducted not more than 365 days prior to the import date.
Note: To obtain a list of tuberculosis tests approved for elephants, contact the department at the following address:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4872
(b) Paragraph (a) does not apply to an elephant imported directly to an institution accredited by the association of zoos and aquariums. An animal imported to an accredited institution under this paragraph may not be moved to any place in Wisconsin that is not an accredited institution unless the animal tests negative on a tuberculosis test approved by the department. The test shall be conducted not more than 365 days before the animal is moved.
(4) Owner statement regarding tuberculosis exposure. No person may import an elephant into this state without a written statement by the owner specifying that the elephant has not been exposed to mycobacterium tuberculosis within 5 years prior to the date of import. If the elephant has been exposed to mycobacterium tuberculosis within 5 years prior to the date of import, the person may not import the elephant into this state unless the elephant has met additional tuberculosis testing requirements specified by the state veterinarian.
Credits
History: CR 15-092: cr. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (3) (b) Register May 2020 No. 773, eff. 6-1-20.
XII. Fairs and Exhibitions
ATCP 10.87. Fairs and exhibitions.
(1) Organizer responsibilities. The organizer of a fair or exhibition shall do all of the following:
(a) Comply with this section, and ensure that all exhibitors comply.
(b) Obtain, review, and keep in writing all of the information required under sub. (2) (b). The organizer may keep the written information in electronic form. The organizer shall keep the information for at least 5 years, and shall make it available to the department for inspection and copying upon request.
(c) Appoint a licensed veterinarian to conduct a daily inspection of the exhibited animals, if the fair or exhibition lasts for more than 24 hours.
Note: A “fair,” as defined in s. ATCP 10.01 (41), means a state, county, or district fair. An “exhibition,” as defined in s. ATCP 10.01 (37), means an organized fair, swap meet, rodeo, trail ride, show, or other organized event at which animals owned by different persons are brought together and exhibited on the same premises. An “exhibition” does not include any of the following:
• An animal market.
• An exhibition operated by an institution accredited by the association of zoos and aquariums.
• A wild animal exhibition operated pursuant to a permit from the Wisconsin department of natural resources.
(d) 1. Keep all of the following information for any swine meeting the criteria under s. ATCP 10.32 (2) (b) 2. that participate at the fair or exhibition:
a. A record of any swine that were transported directly to a slaughtering establishment.
b. A record of any swine that were transported to an animal market where all the animals sold at the market sale for that day were shipped directly to a slaughtering establishment.
2. The organizer shall keep the records required under subd. 1. in written or electronic form, keep the records for at least 5 years, and make the records available to the department for inspection and copying upon request.
(2) Exhibitor responsibilities. A person who exhibits an animal at a fair or exhibition shall do all of the following:
(a) Comply with applicable requirements under this chapter related to the movement and exhibition of animals.
(b) Provide all of the following to the organizer of the fair or exhibition:
1. The exhibitor's name and address.
2. The number, type, description and official individual identification, if official individual identification is required under this chapter, of animals exhibited. If official individual identification is not required, identifying information of animals exhibited, including number, type, and description.
3. Appropriate and reliable documentation to show compliance with disease testing and other health requirements under this chapter.
Note: Documentation may include certificates of veterinary inspection or other appropriate and reliable documentation.
4. The livestock premises code, if any, of the premises from which the animals originate.
5. Appropriate and reliable documentation to show that the animals were lawfully imported or moved to the fair or exhibition.
(3) Swine. (a) No person may exhibit swine at a fair or exhibition unless the swine are accompanied by a certificate of veterinary inspection. The certificate shall certify that the veterinarian has inspected the entire herd of origin within the past 30 days and that no apparent disease was present at the time of inspection. The certificate shall also include a report of test results, herd classification, or other health information that the exhibitor relies upon to document compliance with this subsection.
(b) No person may exhibit any breeding swine at a fair or exhibition unless the exhibitor documents one of the following:
1. The swine tested negative for pseudorabies in a pseudorabies test performed not more than 30 days before the person moves the swine to the fair or exhibition.
2. The swine originate from a qualified pseudorabies negative herd or a qualified pseudorabies negative grow--out herd in this state.
3. The swine originate from a state or area that the federal bureau has currently designated as a pseudorabies stage IV or V state or area.
(c) No person may exhibit non--breeding swine at a fair or exhibition unless one of the following applies:
1. All breeding swine have been removed from the premises of the fair or exhibition before the non--breeding swine arrive, and the non--breeding swine are shipped directly from the fair or exhibition to a slaughtering establishment for slaughter.
2. The exhibitor documents that the swine tested negative for pseudorabies in a test performed within 30 days before the swine are exhibited.
3. The exhibitor documents that non--breeding swine originate from a qualified pseudorabies negative herd or qualified negative pseudorabies grow--out herd in this state.
4. The exhibitor documents that the swine originate from a state or area that the federal bureau has currently designated as a pseudorabies stage IV or V state or area.
(4) Bovine animals. (a) Bovine animals infected with mange, scab, ringworm, or warts may not be exhibited at any fair or exhibition. Animals showing evidence of infection shall be isolated from other susceptible animals and shall be removed from the premises.
(b) Paragraph (a) does not apply to animals with ringworm or wart lesions if, in the opinion of the veterinarian in charge of the fair or exhibition, the lesions are inactive and not capable of transmitting the disease.
(5) Poultry and farm--raised game birds. No person may exhibit poultry or farm--raised game birds at a fair or exhibition unless the exhibitor documents compliance with s. ATCP 10.40.
(6) Equine animals. (a) Except as provided in par. (b), no person may exhibit any equine animal at a fair or exhibition unless the exhibitor documents the animal has tested negative on an equine infectious anemia test conducted within 12 months from the date the blood was drawn for the test to the date on which the animal is first exhibited.
(b) Paragraph (a) does not apply to a nursing foal accompanying its dam if the dam has tested negative for equine infectious anemia according to par. (a).
(7) Sheep. No person may exhibit a sheep at a fair or exhibition unless the exhibitor documents that the sheep bears official individual identification as required in s. ATCP 10.70.
(8) Goats. No person may exhibit a goat at a fair or exhibition unless the exhibitor documents that the goat bears official individual identification as required in s. ATCP 10.77.
Credits
History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (3) (a) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: cons. (6) (a) (intro.) and 1. and renum. (6) (a) and am., r. (6) (a) 2. Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (1) (b), (3) (b) 1., (6) (a) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (a), renum. (1) (c) (intro.) to (1) (c) and am., r. (1) (c) 1., 2., cr. (1) (d), am. (2) (b) 2., 3., 5. Register May 2020 No. 773, eff. 6-1-20.