ATCP 17.02 Note
Phone: (608) 224-4872
ATCP 17.02(2)(a)
(a) If 2 or more persons are involved in keeping livestock at the same location, one of those persons shall register that location. A person is not required to register a location that is currently registered by another person. A premises registration by one person does not prevent other persons from keeping livestock on the registered premises.
ATCP 17.02 Note
Note: For example, if Person A feeds and cares for livestock owned by Person B, on premises owned by Person C, any one of those persons may register the premises (the others need not). Likewise, if Person X pastures livestock on land that Person Y owns and also uses to pasture livestock, either person may register that pasture (the other need not).
ATCP 17.02(2)(b)
(b) A person may not register a premises that is currently registered by another person. The department may transfer a current registration from the current registrant to another person if the department finds that the other person is licensed to operate the premises under other applicable law, is more directly engaged in operating the premises, or can provide more definitive knowledge of livestock movements to and from the premises. The department shall notify the current registrant and give the current registrant a chance to comment before transferring a registration to another person.
ATCP 17.02(2)(c)
(c) A person who keeps livestock at multiple locations shall register each of those locations as a separate premises so each location has its own premises code.
ATCP 17.02(3)
(3) How to register. A person shall register in one of the following ways:
ATCP 17.02(3)(b)
(b) By filing an application with the department on a form provided by the department.
ATCP 17.02(3)(c)
(c) By calling either the department or the department's contract agent.
ATCP 17.02 Note
Note: A person may obtain an application form from the department using the information below and may submit the completed form to the department at the following address:
Wisconsin Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
PO Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4872
ATCP 17.02(4)
(4) Information required. A registration application under sub.
(3) shall include all of the following information:
ATCP 17.02(4)(a)
(a) The registrant's legal name, and any trade names under which the registrant keeps livestock in this state.
ATCP 17.02(4)(d)
(d) The address of the primary premises location, including county.
ATCP 17.02 Note
Note: See s.
ATCP 17.01 (1). A street address is preferred.
ATCP 17.02(4)(f)
(f) The name and telephone number of at least one individual who has knowledge of livestock and livestock carcass movements to and from the premises.
ATCP 17.02(4)(g)
(g) The types of livestock operations conducted on the premises. The registrant shall designate one or more of the following:
ATCP 17.02(4)(g)8.
8. Other. The registrant shall specify the type or types of operations.
ATCP 17.02(4)(h)
(h) The types of livestock or livestock carcasses kept on the premises. The registrant shall designate one or more of the following:
ATCP 17.02(4)(h)1.
1. Bovine animals. The registrant shall indicate whether the bovine animals are beef cattle, dairy cattle, or bison.
ATCP 17.02(5)(a)(a) The department shall grant or deny a registration application under sub.
(3) within 30 days after the department receives a complete registration application.
ATCP 17.02 Note
Note: The department will normally grant or deny an on-line application at the time of the on-line application. If the department grants an on-line application, the department will issue a printable electronic registration certificate to the applicant.
ATCP 17.02(5)(b)
(b) The department may deny a registration application if the application is incorrect or incomplete, or if the location identified in the application is currently registered. The department shall state the reason for the denial.
ATCP 17.02(5)(c)
(c) If the department denies an application because the location identified in the application is already registered, the department shall disclose to the applicant the premises code assigned to that registered location. The denial does not prevent the applicant from keeping livestock at the registered location or from registering other locations.
ATCP 17.02(6)(a)
(a) Whenever the department grants a registration application under sub.
(3), the department shall issue a registration certificate to the registrant. The registration certificate shall bear an expiration date that complies with sub.
(1). The department shall issue the registration certificate in hard-copy or printable electronic form.
ATCP 17.02 Note
Note: A person who registers on-line will normally receive a printable electronic registration certificate at the time of the on-line registration.
ATCP 17.02(6)(b)
(b) A registration certificate under par.
(a) shall include a premises code assigned under sub.
(7).
ATCP 17.02(6)(c)
(c) A registration certificate covers the location identified in the approved registration application.
ATCP 17.02(7)
(7) Premises code. Whenever the department grants a registration application under sub.
(3), the department shall assign a unique code to the location identified in that application. The premises code shall be generated by the United States Department of Agriculture. A premises code may not be transferred to another location.
ATCP 17.02 Note
Note: A premises code, once assigned to a location, normally continues with that location even if the registrant changes. If the premises location is subdivided among new registrants, the premises code assigned to that location will be retired, and a new premises code will be assigned to each new location created by the subdivision.
ATCP 17.02 History
History: CR 04-103: cr.
Register September 2005 No. 597, eff. 10-1-05;
CR 06-009: am. (2) (c) 3. and 8.
Register September 2006 No. 609, eff. 10-1-06;
CR 07-107: am. (1), (2) (b), (4) (d), (5) (d) and (6) (a), r. and recr. (2) (c), (4) (h) 1. and 8. to 10, cr. (4) (bm), r. (4) (h) 11. and 12.
Register November 2008 No. 635, eff. 12-1-08;
CR 12-024: renum. (1) to (1) (a) and am., cr. (1) (b), (c)
Register May 2013 No. 689, eff. 6-1-13;
CR 18-018: r. and recr. (2) (c), am. (3) (intro.), (a), (b), cr. (3) (c), r. (4) (e), am. (4) (f), (h) 9., (5) (a), (b), (c), r. (5) (d), am. (6) (a), (c), r. (6) (d), am. (7), Register July 2019 No. 763, eff. 8-1-19. ATCP 17.03(1)(1)
General. Except as provided in subs.
(2) to
(4), premises registration information received by the department or its contract agent under s.
ATCP 17.02 is confidential and may not be disclosed to any other person or agency.
ATCP 17.03 Note
Note: A premises code is not confidential because it is not received from the registrant but is issued by the department. A premises code, by itself, does not reveal any information received from a registrant.
ATCP 17.03(2)
(2) Information required by other laws. Subsection
(1) does not apply to information that a person is required to provide to the department under other law. This subsection does not authorize disclosure of information that is protected from disclosure under other law.
ATCP 17.03 Note
Note: For example, information that was required of license holders and was open to public inspection prior to the effective date of the livestock premises registration law, s.
95.51, Stats., remains open to public inspection. But premises registration information required for the first time under s.
95.51, Stats., or this chapter must be kept confidential.
ATCP 17.03(3)
(3) Authorized disclosure. The department may disclose, to any of the following, information that a registrant provides under s.
ATCP 17.02:
ATCP 17.03(3)(b)
(b) The animal and plant health inspection service of the United States department of agriculture, if the animal and plant health inspection service agrees not to disclose the information except in situations in which the department is authorized to disclose the information.
ATCP 17.03(3)(d)
(d) To another person or agency, or to the public, if the department believes that the release is necessary to prevent or control disease, to enforce laws under its jurisdiction, or to protect public health, safety, or welfare. The department may disclose information under this paragraph subject to any confidentiality requirements that the department considers necessary under the circumstances.
ATCP 17.03(4)(a)
(a) The department may create aggregate information, such as maps and statistics, from registration information obtained under s.
ATCP 17.02. Except as provided in par.
(b), the department may disclose that aggregate information to another person or agency, or to the public.
ATCP 17.03(4)(b)
(b) The department may not disclose aggregate information under par.
(a) that does any of the following, unless that information qualifies for disclosure under sub.
(2) or
(3):
ATCP 17.03(4)(b)1.
1. Discloses the street address, section number, geographic coordinates of any premises, or the identity of any registrant.
ATCP 17.03(4)(b)2.
2. Makes it possible to deduce with certainty the street address, section number, or geographic coordinates of any premises, or the identity of any registrant.
ATCP 17.03 Note
Note: For example, the department may not disclose a detailed map that permits readers to deduce with certainty the street address, section number, or geographic coordinates of any premises, or the identities of registrants whose premises are portrayed by points on the map. However, the department may disclose less detailed maps.
ATCP 17.03(5)
(5) Disclosure by contract agent. The department may authorize its contract agent to disclose, on behalf of the department, information that the department is authorized to disclose under this section, except that the department may not authorize its contract agent to release aggregate information.
ATCP 17.03 History
History: CR 04-103: cr.
Register September 2005 No. 597, eff. 10-1-05;
CR 06-028: am. (4) (b)
Register November 2006 No. 611, eff. 12-1-06.
ATCP 17.04(1)(1)
General. The department may contract with an agent to process registrations, manage registration information, and perform other functions on behalf of the department under this chapter. The contract agent shall comply with this chapter and the contract.
ATCP 17.04(2)
(2) Contract. A contract under sub.
(1) shall specify applicable terms and conditions, including all of the following:
ATCP 17.04(2)(a)
(a) The services that the contract agent will perform for the department, and the price for which the contract agent will perform those services.
ATCP 17.04(2)(b)
(b) The scope of authority that the department delegates to the contract agent for the purpose of performing the services under par.
(a), and relevant limits on that authority.
ATCP 17.04(2)(c)
(c) The registration process and forms approved under sub.
(3), if the contract agent will process registrations on behalf of the department.
ATCP 17.04(2)(d)
(d) Terms related to information disclosure and confidentiality, including the terms specified in sub.
(4).
ATCP 17.04(2)(e)
(e) Terms related to information management, including the terms specified in sub.
(5).
ATCP 17.04(2)(f)
(f) Terms related to contract agent actions that may affect or impair the administration of this chapter, including the terms specified in subs.
(6) to
(8).
ATCP 17.04(2)(g)
(g) Provisions related to contract termination, including the terms specified in sub.
(9).
ATCP 17.04(2)(h)
(h) Standard contract terms required by the state of Wisconsin.
ATCP 17.04(3)
(3) Approved registration process. A contract agent that processes livestock premises registrations on behalf of the department shall use a process and forms approved by the department. The hard-copy or on-line registration process shall be conducted under the name of the department, not the contract agent. The contract agent may not supplement or modify the registration process or forms, or charge any registration fee, without the department's written approval. The contract agent may not make solicitations or promotional communications to registrants in connection with the registration process, other than communications that the department requires for purposes of registration under this chapter.
ATCP 17.04(4)(a)(a) A contract agent may not use or disclose any information that it acquires as the department's contract agent under this chapter without the department's written approval.
ATCP 17.04(4)(b)
(b) A contract agent shall specifically identify the individuals who, on behalf of the contract agent, may have access to confidential information. Each of those individuals shall sign a personal confidentiality agreement with the department and shall comply with that agreement. No other persons employed or affiliated with the contract agent may have access to confidential information.
ATCP 17.04(4)(c)
(c) No contract agent or individual affiliated with a contract agent may use or disclose information in violation of this chapter, the agency contract, or an individual confidentiality agreement under par.
(b).
ATCP 17.04(5)
(5) Managing information. A contract agent that holds information under this chapter on behalf of the department shall do all of the following:
ATCP 17.04(5)(a)
(a) Comply with applicable state standards related to the storage, handling, and disposition of state records. A contract agent may not dispose of information collected or held under this chapter, except as authorized by the department pursuant to a state records disposal authorization under s.
16.61, Stats.
