Register September 2018 No. 753
Chapter ATCP 17
ATCP 17.01   Definitions.
ATCP 17.02   Livestock premises; registration required.
ATCP 17.03   Confidential information.
ATCP 17.04   Contract agent.
ATCP 17.05   Receiving livestock from unregistered locations.
Ch. ATCP 17 Note Note: This chapter is adopted under authority of ss. 93.07 (1), 93.07 (10), 95.51 (3m) and (7), 95.55 (6), 95.68 (8), 95.69 (8), 95.71 (8), 95.72 (5), 97.22 (8), and 97.42 (4), Stats. This rule interprets ss. 93.07 (10), 95.51, 95.55, 95.60, 95.68, 95.69, 95.71, 95.72, 97.22, and 97.42, Stats. A person who violates this chapter is subject to applicable penalties and remedies provided in ss. 93.06 (7) and (8), 95.99, 97.72, and 97.73, Stats. According to s. 95.36 (10), Stats., a violator may also be disqualified from receiving livestock indemnities for which that person might otherwise be eligible under ch. 95, Stats., if the department condemns livestock for disease control purposes.
Ch. ATCP 17 Note Note: This chapter first applies to the following persons on the following dates:
Ch. ATCP 17 Note(a) To a milk producer who is required to be licensed under s. ATCP 65.02, May 1, 2006.
Ch. ATCP 17 Note(b) To an animal market operator who is required to be licensed under s. ATCP 12.02, July 1, 2006.
Ch. ATCP 17 Note(c) To an animal dealer who is required to be licensed under s. ATCP 12.03, July 1, 2006.
Ch. ATCP 17 Note(d) To an animal trucker who is required to be licensed under s. ATCP 12.04, July 1, 2006.
Ch. ATCP 17 Note (e) To a slaughter establishment operator, July 1, 2006.
Ch. ATCP 17 Note (f) To an equine quarantine station operator who is required to hold a permit under s. ATCP 10.37 (3), July 1, 2006.
Ch. ATCP 17 Note (g) To the operator of a rendering establishment, animal food processing establishment, or grease processing establishment that is required to be licensed under ch. 95.72, Stats., March 1, 2006.
Ch. ATCP 17 Note(h) To all other persons who are required to register a location under s. ATCP 17.02 (1), January 1, 2006.
ATCP 17.01 ATCP 17.01 Definitions. In this chapter:
ATCP 17.01(1) (1)“Address" means one of the following:
ATCP 17.01(1)(a) (a) A street address.
ATCP 17.01(1)(b) (b) Township, range, and section numbers, if the location has no street address.
ATCP 17.01(1)(c) (c) Geographic coordinates, if the location has no street address and no township, range, and section numbers.
ATCP 17.01(2) (2)“Animal dealer" means a person who is required to be licensed under s. ATCP 12.03.
ATCP 17.01(3) (3)“Animal dealer premises" means any real estate, owned or controlled by an animal dealer, at which the dealer keeps, exhibits or receives livestock or wild animals, or from which the animal dealer ships livestock or wild animals.
ATCP 17.01(4) (4)“Animal market" means any premises that are open to the public for the purpose of buying or selling livestock or wild animals, and that have facilities to keep, feed, and water livestock or wild animals prior to sale.
ATCP 17.01(5) (5)“Animal market operator" means a person who is required to be licensed under s. ATCP 12.02 (1).
ATCP 17.01(6) (6)“Animal trucker" means a person who is required to be licensed under s. ATCP 12.04 (1).
ATCP 17.01(7) (7)“Animal trucker premises" means any real estate, owned or controlled by an animal trucker, at which the animal trucker collects or holds livestock for transportation.
ATCP 17.01(8) (8)“Bovine animal" means beef cattle, dairy cattle, or American bison of any age or sex.
ATCP 17.01(9) (9)“Captive game birds" means birds of a normally wild type, such as pheasants, quail, wild turkeys, migratory wildfowl, pigeons, and exotic birds raised for hunting, that are raised in captivity. “Captive game birds" does not include poultry or ratites, but does include birds kept pursuant to a license issued under s. 169.15, 169.19, 169.20, or 169.21, Stats.
ATCP 17.01(10) (10)“Cervid" means a member of the family of animals that includes deer, elk, moose, caribou, reindeer, and the subfamily musk deer.
ATCP 17.01(11) (11)“Clinic" means a place where livestock are kept primarily for purposes of health care or rehabilitation.
ATCP 17.01(12) (12)“Confidential information" means information that the department is required, under s. 95.51, Stats., and this chapter, to keep confidential.
ATCP 17.01(13) (13)“Contiguous" means adjacent, or separated only by a transportation corridor, stream, or like feature.
ATCP 17.01(14) (14)“Contract agent" means a person who acts on behalf of the department, pursuant to a written contract with the department.
ATCP 17.01 Note Note: The department may contract with an agent to process registrations under this chapter, and to manage registration information on behalf of the department. The contract agent must comply with this chapter and the agent's contract with the department. The contract must include provisions specified in this chapter, including provisions related to confidentiality of information collected under this chapter. See ss. ATCP 17.03 and 17.04.
ATCP 17.01(15) (15)“Dairy farm" means a dairy farm as defined under s. 97.22 (1) (a), Stats., operated by a milk producer.
ATCP 17.01(16) (16)“Deer farm" means real estate on which a person, who is required to register under s. ATCP 10.46, keeps farm-raised deer.
ATCP 17.01(17) (17)“Department" means the Wisconsin department of agriculture, trade and consumer protection.
ATCP 17.01 Note Note: The department's contract agent may act on behalf of the department, to the extent authorized under this chapter and the agent contract. See s. ATCP 17.04.
ATCP 17.01(18) (18)“Description" of a location means an address or other information that identifies that location.
ATCP 17.01(20) (20)“Fish farm" means a facility, at which a person hatches fish eggs or keeps live fish, which is required to be registered under s. ATCP 10.60 (2).
ATCP 17.01(21) (21)“Individual" means a human being.
ATCP 17.01(22) (22)“Keep livestock" means to own, feed, house, confine, or care for livestock, or to exercise legal or physical control over livestock. “Keep livestock" does not include the quarantine or confinement of livestock by the department or by the United States department of agriculture.
ATCP 17.01 Note Note: At any given time, several persons may be “keeping" the same livestock. For example, livestock owned by Person A might be fed and cared for by Person B on property owned and maintained by Person C.
ATCP 17.01(23) (23)“Livestock" means bovine animals, equine animals, goats, poultry, sheep, swine other than wild hogs, farm-raised deer, captive game birds, camelids, ratites, and fish.
ATCP 17.01(24) (24)“Livestock exhibition" means a state, county, or district fair, or a recurring event at which livestock from different premises are exhibited to the public at a common location.
ATCP 17.01(25) (25)“Location" means a parcel of real estate in this state, or a group of 2 or more contiguous parcels of real estate in this state, on which livestock are kept.
ATCP 17.01(26) (26)“Milk producer" has the meaning given in s. 97.22 (1) (f), Stats.
ATCP 17.01(27) (27)“Person" means an individual, corporation, partnership, cooperative, limited liability company, trust, or other legal entity.
ATCP 17.01(28) (28)“Poultry" means domesticated fowl commonly used for human food, including domesticated chickens, turkeys, geese, ducks, guinea fowl, squab, ratites, and captive game birds.
ATCP 17.01(29) (29)“Premises" means one or more locations that a person registers under a single premises code.
ATCP 17.01 Note Note: A person may register a livestock “premises" that includes, in addition to the primary premises location (to which the premises code is assigned), one or more secondary locations at which the person keeps the livestock from time to time. For example, a dairy farm “premises" may include a primary location (that includes the milking barn or parlor) and one or more secondary locations (such as a non-contiguous pasture or heifer facility). If a person keeps livestock at multiple locations but never moves or commingles livestock between those locations, the person is advised to register those locations as separate premises (separate primary locations, each with its own premises code). See s. ATCP 17.02.
ATCP 17.01(30) (30)“Premises code" means a code issued under s. ATCP 17.02 (7).
ATCP 17.01(31) (31)“Primary location" means a premises location to which a premises code is assigned.
ATCP 17.01(32) (32)“Ratite" means a member of the group of flightless birds that includes the ostrich, emu, cassowary, kiwi, and rhea.
ATCP 17.01(33) (33)“Register" means to apply for and obtain from the department an annual premises registration certificate under s. ATCP 17.02.
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.