“Commingle" means to cause or permit any of the following:
Unprotected contact with the same facilities, equipment, individuals, or environment contacted by other animals, under circumstances where that unprotected contact may spread disease.
“Communicable" means transmissible, either directly or indirectly.
“Contagious" means spread by contact, body secretions, or fomites.
“Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
“Diseased" means afflicted with a contagious, infectious, or communicable disease.
“Downer animal" means an animal which is in a sitting or prone position and cannot move to a normal standing or upright position under its own power, without application of inhumane stimulus.
“Farm-raised deer" has the meaning given in s. 95.001 (1) (ag)
, Stats., but does not include cervids kept by an institution accredited by the association of zoos and aquariums.
“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.
“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:
Non-spayed female that is not parturient or post-parturient.
“Feeder swine" means swine that weigh 80 pounds or less and are kept for the sole purpose of feeding prior to slaughter.
“Fomite" means an inanimate object or substance which serves to transfer infectious organisms from one animal to another.
“Individual" means any of the following, as applicable:
“Keep farm-raised deer" means to own, rent, lease, or serve as the custodian of farm-raised deer.
“Keeper of farm-raised deer" means a person who keeps farm-raised deer.
“Livestock" means farm animals including bovine animals, sheep, goats, swine other than wild hogs, farm-raised deer, and equine animals.
“Official back tag" means an identification back tag issued or approved by the federal bureau or the department.
ATCP 12.01 Note
Note: Examples of official back tags include the official Wisconsin bovine back tag and the official Wisconsin swine back tag.
“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:
The national uniform eartagging system developed by the federal bureau in veterinary services memorandum no. 578.12, revised March 15, 2011.
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.
“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 federal bureau and department approved microchip implanted in the animal.
A written or graphic description by a licensed and accredited veterinarian sufficient to identify the individual equine including all of the following:
Unique and permanent forms of identification, when present, including brands, tattoos, scars, cowlicks, blemishes, or biometric measurements.
A federal bureau and department approved microchip implanted in the animal.
For poultry, a leg or wing band bearing a number that uniquely identifies the bird.
For ratites, a leg band bearing a number that uniquely identifies the ratite.
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.
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.
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.
A federal bureau and department approved microchip if implanted in the animal and the animal is registered with a breed registry, or if the animal is in a scrapie free flock certification program flock or herd. The animal must be accompanied by the animal's registration documents in the animal owner's name, or by a certificate of veterinary inspection with the implant number.
The animal's breed association or registration tattoo with the management number, accompanied by registration documents in the animal owner's name.
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.
The animal's breed association registration number as documented on the animal's registration certificate.
A microchip, if the microchip number uniquely identifies the animal and the microchip is implanted in the animal.
A unique premises identification code issued by the department, provided the animal also bears an individual identification number unique to that premises.
“Pen" means any enclosure confining animals to a specific area and may include stanchion or tie stalls.
“Person" means an individual, corporation, partnership, association, limited liability company, trust, governmental entity, or other organization or entity.
“Shipment to slaughter" means the movement of Wisconsin origin animals or animals that have met applicable Wisconsin import requirements, from licensed animal market premises or licensed animal dealer premises to a slaughtering establishment with no change in ownership, other than a change in ownership to the licensed slaughtering establishment. The process of “shipment to slaughter" may not exceed 10 consecutive days.
ATCP 12.01 Note
A downer animal may not be held by an animal market operator, an animal dealer, or an animal trucker for more than 24 hours. See
s. ATCP 12.07
“Slaughtering establishment" means a facility to slaughter animals that is subject to licensing by the department, or that is subject to inspection by the United States department of agriculture. “Slaughtering establishment" includes all premises used in connection with a slaughter operation, including an intermediate livestock handling facility approved under s. ATCP 10.22 (10)
“Swine" means a domestic hog or any variety of wild hog.
“Trading in livestock or wild animals" means the trading, buying, selling, or swapping of livestock or wild animals.
ATCP 12.01 History
Cr. Register, December, 1990, No. 420
, eff. 1-1-91; cr. (8m), (8r), (17) (a) to (c), (17m) and (20) (d) to (h), am. (13), (14) and (15), renum. (17) and (20) (d) to be (17) (intro.) and (20) (i) and am., Register, March, 1995, No. 471
, eff. 4-1-95; reprinted to restore dropped copy in (17), Register, April, 1995, No. 472
; r. and recr. (13), Register, February, 1996, No. 482
, eff. 3-1-96; emerg. cr. (12m), am. (13), eff. 6-3-96; cr. (8w), (12m), (12p), am. (13), Register, December, 1996, No. 492
, eff. 1-1-97; cr. (8x) and (20) (i), am. (10), (18), (19), (20) (f) 2. and (24), renum. (20) (i) to be (20) (j), r. (21), (22) and (27), Register, November, 2000, No. 539
, eff. 12-1-00; corrections in (8m), (8w), (16) and (17m) made under s. 13.93 (2m) (b) 7., Stats.; CR 02-078
: cr. (2m) and (20) (j) and (k), am. (8w), (14), (16) and (17) (intro.) and (5) (a) 3., renum. (20) (j) to be (20) (L) Register May 2003 No. 569
, eff. 6-1-03; CR 03-121
: renum. (1) and (20) (L) to be (1w) and (20) (n) and am. (1w), cr. (1a), (1d), (1g), (1j), (1m), (1r), (20) (L), (m) and (27), am. (13), r. (14) to (17m), r. and recr. (20g), Register September 2004 No. 585
, eff. 10-1-04; CR 06-009
: am. (1m), (1w), (8x), (18), (19), (27) r. and recr. (3) and (20) Register September 2006 No. 609
, eff. 10-1-06; CR 11-048
: am. (9) (intro.), (10), (20) (f) (intro.), r. (20) (g) 3., cr. (24m) Register July 2012 No. 679
, eff. 8-1-12; CR 13-058
: r. (2m), am. (8w), renum (8x) to (8y), cr. (8x), (11m), renum. (19) to (19) (intro.) and am., cr. (19) (a) to (c), r. and recr. (20), am. (25) Register March 2014 No. 699
, eff. 6-1-14; correction in (19) (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699
; CR 15-092
: am. (1g), (8y), renum. (11m) to (11m) (intro.) and (b) and am., cr. (11m) (a), am. (18), (19), (20) (a), renum. (20) (b) to (20) (b) (intro.) and 1. and am., cr. (20) (b) 2., renum. (20) (c) (intro.) to (20) (c) (intro.) and 1. and am., renum. (20) (c) 1. to 7. to (20) (c) 1. a. to g., cr. (20) (c) 2., 3., am. (20) (f), (g) 1., 3., cr. (20) (g) 4., am. (20) (h) 1., 2., 4., (i) 1., (25), cr. (26m) Register July 2016 No. 727
, eff. 10-1-16.
Except as provided in sub. (1m)
, no person may operate an animal market without an annual license from the department. A separate license is required for each animal market. The license shall bear the livestock premises code issued under s. ATCP 17.02 (7)
for the animal market. An annual license expires on June 30. A license is not transferable between persons or animal markets.
(1m) License exemptions.
No license is required under sub. (1)
for an occasional sale by a farm operator who buys or exchanges livestock solely for dairy, breeding, or feeding operations on that farm, or who sells only livestock produced or raised on that farm, or auction sale, conducted at a state, county, or district fair, or sponsored by a livestock breeder association or a youth agricultural organization, if records of the transactions at the sale are maintained by any of the following:
A person may apply for a Class A, Class B, or Class E animal market license.
At a class A animal market, an operator may conduct livestock and wild animal sales and auctions on any number of days during the license year.
At a class B animal market, an operator may conduct livestock sales on any number of days during the license year but may hold livestock auctions on no more than 4 days during the license year. An operator may not conduct any wild animal sales at a class B animal market.
At a class E animal market, an operator may conduct sales of equine animals on any number of days during the license year. An operator may not conduct sales of any other livestock or any wild animals at a class E animal market.