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.
(3) Applying for a license.
A person shall apply for a license under sub. (1)
on a form provided by the department. The application shall include all the following:
The person's legal name, and any trade names under which the person does business as an animal market operator.
The address of each animal market for which the person seeks a license.
The types of animals traded, bought, sold, or swapped at each animal market for which the person seeks a license.
The class of license under sub. (2)
that the person seeks for each animal market.
ATCP 12.02 Note
An animal market operator must register animal transport vehicles under s. ATCP 12.045
, regardless of whether the animal market operator needs an animal trucker license under s. ATCP 12.04
. An animal market operator needs an animal trucker license if the animal market operator transports livestock or wild animals for others, for hire.
Other relevant information required by the department for licensing purposes.
ATCP 12.02 Note
A person may obtain an application form under sub. (3) by calling (608) 224-4889, by visiting the department website at http://datcp.wi.gov
, or by writing to the following address:
ATCP 12.02 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
A person shall pay the following nonrefundable annual fee for a license under sub. (1)
A person shall pay a license fee surcharge of $100 if the department determines that the person did any of the following within 365 days prior to submitting a license application under sub. (3)
If a person is required to pay a surcharge under par. (b)
, the person shall also pay any license fees that are due for the license year in which the animal market operator violated sub. (1)
or (2) (c)
Payment of a surcharge under par. (b)
or fees under par. (c)
does not relieve an animal market operator of other civil or criminal liability that may result from a violation of sub. (1)
or (2) (c)
, nor does it constitute evidence of a violation of sub. (1)
or (2) (c)
The department shall grant or deny a license application under sub. (3)
within 30 business days after all of the following have occurred:
The department inspects the animal market, if an inspection is required under par. (b)
Before issuing a class A animal market license under sub. (2) (b)
for premises that were not licensed during the preceding license year, the department shall inspect the animal market premises for compliance with this section. The department shall complete the inspection within 60 business days after the department receives a complete license application under sub. (3)
(7) Denial, suspension, or revocation of license.
The department may deny, suspend, or revoke an animal market license for cause, pursuant to s. 93.06 (7)
, Stats. Cause may include any of the following:
Violation of any provision of ch. 951, Stats.
, prohibiting crimes against animals.
Preventing a department employee from performing his or her official duties, or interfering with the lawful performance of those duties.
Physically assaulting a department employee while the employee is performing his or her official duties.
Improper or unauthorized use of any official tag, brand, or tattoo.
Refusal or failure, without just cause, to produce required records or respond to a department subpoena.
(8) Animal market operator; responsibilities.
An animal market operator shall do all of the following:
Maintain the animal market premises in a clean and sanitary condition. The operator shall keep barns, pens, alleys, and other animal holding areas in good repair, and shall disinfect the premises as needed and when ordered by the department.
Provide adequate food, water, shelter, bedding, and pen space for all animals held more than 12 hours.
Remove animals from the animal market within 4 days after they enter the market, except as provided in sub. (10)
. The animal market operator shall remove bovine calves less than 12 weeks old from the animal market within 24 hours after the calves are sold.
Refrain from commingling animals of different species in the same enclosure.
Class A and Class E animal markets shall meet the following construction requirements:
Floors of all animal holding areas shall be sloped for proper drainage.
All animal contact areas shall be constructed so that they can be easily cleaned and sanitized. Earthen floors are not permitted, except in areas used only for species or individual animals that require earthen floors to prevent injury.
Animal contact areas shall be constructed so that there are no sharp edges or protrusions that can injure animals.
The animal market shall be equipped with an animal chute and head gate, which shall be adequate to restrain animals without injury. This requirement does not apply to an animal market used exclusively to sell equine animals or wild animals.
An animal market used for equine animals shall be equipped to restrain equine animals in a safe and humane manner.