ATCP 12.03(8)(a) (a) Violation of ch. 95, Stats., ch. ATCP 10, or this chapter.
ATCP 12.03(8)(b) (b) Violation of any lawful order of the department.
ATCP 12.03(8)(c) (c) Violation of any provision of ch. 951, Stats., prohibiting crimes against animals.
ATCP 12.03(8)(d) (d) Preventing a department employee from performing his or her official duties, or interfering with the lawful performance of those duties.
ATCP 12.03(8)(e) (e) Physically assaulting a department employee while the employee is performing his or her official duties.
ATCP 12.03(8)(f) (f) Improper or unauthorized use of any official tag, brand, or tattoo.
ATCP 12.03(8)(g) (g) Refusal or failure, without just cause, to produce records or respond to a department subpoena.
ATCP 12.03(8)(h) (h) Payment of an application fee with a worthless check.
ATCP 12.03(8)(i) (i) Violation of 9 CFR Part 201, relating to registration or bonding requirements of the packers and stockyards
ATCP 12.03(9) (9)Animal dealer responsibilities. An animal dealer shall do all of the following:
ATCP 12.03(9)(a) (a) Maintain the animal dealer premises in a clean and sanitary condition.
ATCP 12.03(9)(b) (b) Provide adequate food, water, shelter, bedding, and pen space for all animals held more than 12 hours.
ATCP 12.03(9)(c) (c) Identify animals in compliance with s. ATCP 12.05.
ATCP 12.03(9)(d) (d) Keep records in compliance with s. ATCP 12.06.
ATCP 12.03(9)(e) (e) Handle downer animals in a humane manner, as required by s. ATCP 12.07.
ATCP 12.03(9)(f) (f) Notify the department of any address change within 10 days.
ATCP 12.03(9)(g) (g) Carry or post the animal dealer license issued by the department, and show the license upon request while conducting business.
ATCP 12.03(9)(h) (h) Comply with applicable requirements, under s. ATCP 12.045, related to animal transport vehicles.
ATCP 12.03(9)(i) (i) Transport and handle animals in a safe and humane manner.
ATCP 12.03(9m) (9m)Reinspection.
ATCP 12.03(9m)(a)(a) The department may charge, to the holder of a license under this section, a reinspection fee of $150 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter, or ch. 95, Stats., noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter.
ATCP 12.03(9m)(b) (b) A reinspection fee under par. (a) is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal dealer.
ATCP 12.03(10) (10)Prohibitions. An animal dealer may not:
ATCP 12.03(10)(a) (a) Commingle animals of different species within the same vehicle or enclosure.
ATCP 12.03(10)(b) (b) Accept delivery of livestock or wild animals from an unlicensed animal trucker, if the animal dealer knows or has reason to know that the animal trucker is unlicensed.
ATCP 12.03(10)(c) (c) Deliver livestock or wild animals to an unlicensed animal trucker for transport, if the animal dealer knows or has reason to know that the animal trucker is unlicensed.
ATCP 12.03 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; r. and recr. (1), (2) and (4) (h), cr. (2m), (2r) and (2w), am. (3) (g), (4) (c), Register, March, 1995, No. 471, eff. 4-1-95; reprinted to correct error in (2r), Register, March, 1997, No. 495; am. (2m) (a), (b), (d) and (e), Register, May, 1999, No. 521, eff. 6-1-99; CR 03-121: r. and recr. Register September 2004 No. 585, eff. 10-1-04; CR 04-103: am. (3) and cr. (4) (dm) Register September 2005, No. 597, eff. 10-1-05; CR 06-009: am. (5) (a), (c) and (8) (a) Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (5) (a) Register June 2008 No. 630, eff. 7-1-09; CR 07-107: r. (6), cr. (9) (i) Register November 2008 No. 635, eff. 12-1-08; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 11-048: am. (2) (c), cr. (9m) Register July 2012 679, eff. 8-1-12; CR 13-058: am. (1) (intro.) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (2) (b), (4) (d), cr. (8) (i) Register July 2016 No. 727, eff. 10-1-16.
ATCP 12.04 ATCP 12.04Animal truckers.
ATCP 12.04(1) (1)License required. Except as provided in sub. (2), no person may transport livestock or wild animals for hire without an annual animal trucker license from the department. An animal market operator or animal dealer shall also hold a license under this section if that animal market operator or animal dealer transports livestock or wild animals for hire. If the animal trucker keeps livestock on premises owned or controlled by the animal trucker, the license shall bear a livestock premises code issued to the animal trucker under s. ATCP 17.02 (7). An annual license under this section expires on June 30 and is not transferable.
ATCP 12.04(2) (2)License exemptions. No license is required under sub. (1) for any of the following:
ATCP 12.04(2)(a) (a) A person who transports livestock or wild animals solely as an employee of an animal trucker licensed under sub. (1), in a vehicle that the licensed animal trucker has registered under s. ATCP 12.045.
ATCP 12.04(2)(b)1.1. A person who is solely engaged in transporting livestock or wild animals that he or she owns.
ATCP 12.04(2)(b)2. 2. A person who transports livestock or wild animals solely as an employee of a person who owns those animals.
ATCP 12.04(2)(c) (c) A person who is solely engaged in the following activities:
ATCP 12.04(2)(c)1. 1. Hauling animals on an occasional basis for persons participating in a livestock exhibition, fair, trail ride, youth livestock event, or similar activity.
ATCP 12.04(2)(c)2. 2. Hauling animals on an incidental basis in connection with another business, such as a veterinary practice or a stable operation, which is operated by that person and which does not ordinarily involve the sale of animals.
ATCP 12.04(2)(d) (d) A person who solely transports livestock or wild animals from out of state to a Wisconsin slaughtering establishment and does not transport any Wisconsin origin animals to any location in this state or out of this state.
ATCP 12.04(3) (3)License application. A person shall apply for a license under sub. (1) on a form provided by the department. The application shall include all of the following:
ATCP 12.04(3)(a) (a) The person's legal name, and any trade names under which the person does business as an animal trucker.
ATCP 12.04(3)(b) (b) Each address from which the person does business as an animal trucker.
ATCP 12.04(3)(c) (c) An annual registration application, under s. ATCP 12.045 (2), for each animal transport vehicle that the person operates.
ATCP 12.04(3)(d) (d) The fees required under sub. (4) and s. ATCP 12.045 (3).
ATCP 12.04(3)(dm) (dm) Additional information, if any, required under s. ATCP 17.02 (4) for purposes of livestock premises registration.
ATCP 12.04(3)(e) (e) Other relevant information required by the department for licensing purposes.
ATCP 12.04 Note 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 12.04 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 12.04(4) (4)Fees.
ATCP 12.04(4)(a)(a) A person shall pay a basic nonrefundable annual license fee of $60 for a license under sub. (1).
ATCP 12.04(4)(b) (b) A person shall pay a license fee surcharge of $100 if the department determines that, within 365 days prior to submitting a license application under sub. (3), the person operated as an animal trucker without a license in violation of sub. (1).
ATCP 12.04(4)(c) (c) A person who is required to pay a license fee surcharge under par. (b) shall also pay any license fee that is due under this subsection for the license year in which the person violated sub. (1).
ATCP 12.04(4)(d) (d) Payments under pars. (b) and (c) do not relieve a person of other civil or criminal liability that may result from a violation of sub. (1), nor do they constitute evidence of a violation of sub. (1).
ATCP 12.04(6) (6)Action on license application. The department shall grant or deny a license application within 30 business days after the applicant submits a complete application under sub. (3).
ATCP 12.04(7) (7)Denying, suspending, or revoking a license. The department may deny, suspend, or revoke an animal trucker license for cause, pursuant to s. 93.06 (7), Stats. Cause may include any of the following:
ATCP 12.04(7)(a) (a) Violation of ch. 95, Stats., ch. ATCP 10, or this chapter.
ATCP 12.04(7)(b) (b) Violation of any lawful order of the department.
ATCP 12.04(7)(c) (c) Violation of any provision of ch. 951, Stats., prohibiting crimes against animals.
ATCP 12.04(7)(d) (d) Preventing a department employee from performing his or her official duties, or interfering with the lawful performance of his or her duties.
ATCP 12.04(7)(e) (e) Physically assaulting a department employee while the employee is performing his or her official duties.
ATCP 12.04(7)(f) (f) Improper or unauthorized use of any official tag, brand, or tattoo.
ATCP 12.04(7)(g) (g) Refusal or failure, without just cause, to produce records or respond to a department subpoena.
ATCP 12.04(7)(h) (h) Payment of an application fee with a worthless check.
ATCP 12.04(8) (8)Animal trucker responsibilities. An animal trucker shall do all of the following:
ATCP 12.04(8)(a) (a) Maintain, equip, and operate animal transport vehicles in compliance with s. ATCP 12.045.
ATCP 12.04(8)(b) (b) Identify animals in compliance with s. ATCP 12.05.
ATCP 12.04(8)(c) (c) Keep records in compliance with s. ATCP 12.06.
ATCP 12.04(8)(d) (d) Transport and handle animals in a safe and humane manner.
ATCP 12.04(8)(e) (e) Install and use equipment necessary to transport and handle downer animals in a humane manner, as required by s. ATCP 12.07, if the animal trucker transports downer animals.
ATCP 12.04(8)(f) (f) Provide adequate food, water, shelter, bedding, and pen space for all animals held more than 12 hours.
ATCP 12.04(8)(g) (g) Notify the department of any address change within 10 days.
ATCP 12.04(8m) (8m)Reinspection.
ATCP 12.04(8m)(a)(a) The department may charge, to the holder of a license under this section, a reinspection fee of $150 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter, or ch. 95, Stats., noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter.
ATCP 12.04(8m)(b) (b) A reinspection fee under par. (a) is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal trucker.
ATCP 12.04(9) (9)Prohibited conduct.
ATCP 12.04(9)(a)(a) No animal trucker may cause or permit different species of animals to be commingled on the same animal transport vehicle or enclosure.
ATCP 12.04(9)(b) (b) No animal trucker may transport diseased or downer animals with healthy animals on the same animal transport vehicle, unless the entire load is transported directly to a slaughter establishment. If downer animals and other animals are transported to a slaughter establishment in the same animal transport vehicle, the downer animals shall be segregated, or separated by a rigid barrier, from the other animals to prevent injury.
ATCP 12.04 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; r. and recr. (1), (2), (4) (a), (5), cr. (2m), (2r), (2w), am. (3) (g), (4) (b), (d), r. (6), Register, March, 1995, No. 471, eff. 4-1-95; am. (2m) (a), (b), (d) and (e), Register, May, 1999, No. 521, eff. 6-1-99; r. (2) (c) and (2r) (c), am. (2r) (b), Register, November, 2000, No. 539, eff. 12-1-00; CR 03-121: r. and recr. Register September 2004 No. 585, eff. 10-1-04; CR 04-103: am. (1) and cr. (3) (dm) Register September 2005 No. 597, eff. 10-1-05; CR 06-009: am. (2) (c) 3., (4) (a), (c) and (7) (a) Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (4) (a) Register June 2008 No. 630, eff. 7-1-09; CR 07-107: r. (2) (c) 3. and (5) Register November 2008 No. 635, eff. 12-1-08; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 11-048: cr. (2) (d), (8m) Register July 2012 No. 679, eff. 8-1-12; CR 15-092: renum. (2) (b) to (2) (b) 1., cr. (2) (b) 2., am. (9) (a), (b) Register July 2016 No. 727, eff. 10-1-16.
ATCP 12.045 ATCP 12.045Animal transport vehicles.
ATCP 12.045(1) (1)Annual registration sticker required.
ATCP 12.045(1)(a)(a) No animal market operator, animal dealer, or animal trucker may operate an animal transport vehicle unless each side of the vehicle bears one part of a 2-part annual vehicle registration sticker issued by the department. An annual vehicle registration sticker expires on June 30.
ATCP 12.045(1)(b) (b) The department may issue an annual vehicle registration sticker under par. (a) to a licensed animal market operator, animal dealer, or animal trucker who owns or operates the vehicle. If a license holder owns a vehicle operated by another license holder, the license holder that owns the vehicle shall obtain the vehicle registration sticker under par. (a). If a license holder operates an animal transport vehicle owned by a non-license holder, the license holder that operates that vehicle shall obtain the vehicle registration sticker under par. (a) as the registrant.
ATCP 12.045(1)(c) (c) If a registrant under par. (b) controls the operation of the animal transport vehicle for less than the full registration year, the registrant shall record the name and address of each person who controlled the operation of the vehicle at any time during the year, and the time period during which that person controlled that operation. The registrant shall retain the record for at least 5 years, and shall make it available to the department for inspection and copying upon request.
ATCP 12.045 Note Note: Subsection (1) applies to animal transport vehicles operated by licensed animal market operators, animal dealers, and animal truckers, regardless of who owns the animals transported in those vehicles.
ATCP 12.045 Note Under sub. (1) (c), if a registrant leases an animal transport vehicle to or from another person for part of the registration year, the registrant must record the name and address of the other party to the lease, and the time period of the lease.
ATCP 12.045(2) (2)Applying for a registration sticker.
ATCP 12.045(2)(a)(a) A person shall apply for a vehicle registration sticker under sub. (1) on a form provided by the department. The person may submit the application with the person's annual license application under s. ATCP 12.02, 12.03, or 12.04. The application shall include all of the following:
ATCP 12.045(2)(a)1. 1. The person's legal name, and any trade names under which the person does business as an animal market operator, animal dealer, or animal trucker.
ATCP 12.045(2)(a)2. 2. Each address from which the person does business as an animal market operator, animal dealer, or animal trucker.
ATCP 12.045(2)(a)3. 3. Identification of each animal transport vehicle for which the person seeks a registration sticker.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.