Wisconsin Legislature: ATCP 10.26(1)(b)

ATCP 10.22(10)(d)4. 4. Cattle may not be released from the facility except pursuant to the movement permit issued under par. (f) and may only be released directly to slaughter at the original slaughter destination facility listed in the movement permit.

ATCP 10.22(10)(d)5. 5. Each shipment of cattle shall be kept separated, in pens, from other shipments of cattle while in the intermediate livestock handling facility. No cattle may be added to a pen holding cattle from a separate shipment delivered to the facility under a separate movement permit.

ATCP 10.22(10)(d)6. 6. The approved intermediate livestock handling facility premises shall be medically separated from any premises or pens holding breeding or feeder cattle.

ATCP 10.22(10)(d)7. 7. Serviceable cleaning and disinfecting equipment shall be furnished, maintained and used as necessary in the facility.

ATCP 10.22(10)(d)8. 8. A sign shall be posted at all facility entrances and exits stating: "All cattle entering this facility are only released directly to slaughter."

ATCP 10.22(10)(d)9. 9. The operator of an intermediate livestock handling facility shall keep complete and accurate records of all cattle entering and leaving the facility organized by movement permit number. The operator shall retain the records for at least 5 years after the cattle leave the facility, and shall make the records available for inspection and copying by the department or the federal bureau upon request. Records shall include all of the following:

ATCP 10.22(10)(d)9.a. a. A record of each cattle shipment received, including the date of receipt, the number of cattle in the shipment, the name and address of the shipper, the name and address from which the shipment originated, any official individual identification of any animal in the shipment, any documents related to any animal in the shipment, and the movement permit number issued under par. (f).

ATCP 10.22(10)(d)9.b. b. A record of each cattle shipment leaving the facility, including the date of the shipment, the number of cattle included in the shipment, the name and address of the shipper, the name and address of the person receiving the shipment, any official individual identification of any animal in the shipment, and the movement permit number issued under par. (f).

ATCP 10.22(10)(d)9.c. c. A record of any cattle that died in the facility, including the date of death, any official individual identification on the animal that died, any document related to the animal that died including necropsy or test result reports, the movement permit number under which the animal entered the facility, and the final disposition of the carcass.

ATCP 10.22(10)(e) (e) Movement permit. No person may move animals into or out of an approved intermediate livestock handling facility except pursuant to a movement permit from the department under par. (f).

ATCP 10.22(10)(f) (f) Movement permit application. To obtain a movement permit, a facility operator shall submit an application on a form provided by the department. The application shall be submitted to the department before any animals listed in the permit application are delivered to the facility. The application shall include the name and street address of the approved intermediate livestock handling facility accepting delivery of the cattle shipment, the breed and quantity of animals in the shipment, the name and street address of the origin of the shipment, the name and street address of the slaughtering establishment destination for the shipment, and the name and address of the shipper. The operator of the facility may make the application by fax or email. The permit shall be evidenced by a unique movement permit number. The department may issue the movement permit number in paper, verbal, or electronic form. The movement permit number shall be recorded on the movement permit by the department or the facility operator, as applicable.

ATCP 10.22 Note Note: A person may obtain a movement permit application form by calling (608)224-4872, by visiting the department website at www.datcp.state.wi.us, or by writing to the following address:

ATCP 10.22 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.22 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (9) (b) Register June 2008 No. 630, eff. 7-1-09; CR 07-107: r. and recr. (5) (b) 4., cr. (7m), am. (9) (b) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1) (b) 1., 3., (3) (a), r. (5) (b) 2., am. (5) (b) 4. b., cr. (5) (c) 5., am. (6) (title), (a) (intro.), cr. (6) (c) 3., (6) (g), am. (9) (c) 4., cr. (9) (e) (title), (10) Register July 2012 No. 679, eff. 8-1-12.

subch. IV of ch. ATCP 10 Subchapter IV — Swine

ATCP 10.25 ATCP 10.25 Swine pseudorabies; vaccination.

ATCP 10.25(1)(1) Permit.

ATCP 10.25(1)(a)(a) No person may vaccinate swine in this state for pseudorabies unless the owner of those swine holds a vaccination permit from the department.

ATCP 10.25(1)(b) (b) To obtain a vaccination permit under par. (a), an owner of swine shall apply on a form provided by the department. The department shall grant or deny an application within 5 business days after the department receives a complete application.

ATCP 10.25(1)(c) (c) The department may issue a vaccination permit under par. (a) if the department finds that the swine have been infected with or exposed to pseudorabies, or are at risk for pseudorabies. The vaccination permit shall identify a licensed veterinarian who is authorized to receive the pseudorabies vaccine, and shall specify the number of authorized doses. The vaccination shall be performed by, or under the direction of, the licensed veterinarian.

ATCP 10.25(2) (2) Vaccine label. No person may sell, distribute or possess any pseudorabies vaccine in this state unless the vaccine container is labeled with the name and address of the vaccine manufacturer.

ATCP 10.25(3) (3) Sales restricted.

ATCP 10.25(3)(a)(a) Except as provided in par. (b), no person may distribute pseudorabies vaccine to a retail purchaser or user in this state, other than a licensed veterinarian identified in a vaccination permit under sub. (1). The number of doses of vaccine distributed to the licensed veterinarian may not exceed the number of doses specified in the permit.

ATCP 10.25(3)(b) (b) The department may issue a permit authorizing a veterinarian licensed in this state to purchase pseudorabies vaccine for use in swine outside the state. The department shall grant or deny a permit application within 5 business days after the department receives a written application from a veterinarian licensed in this state. The veterinarian shall record, and file with the department on a monthly basis, the number of doses of vaccine purchased for use outside the state, the location of each herd on which the vaccine was used, and the name and address of the herd owner.

ATCP 10.25(3)(c) (c) A person who distributes pseudorabies vaccine to a veterinarian in this state shall file a report with the department within 15 days after the vaccine is delivered to the veterinarian. The report shall specify the name and address of the veterinarian, the date of delivery and the amount of vaccine delivered.

ATCP 10.25 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.

ATCP 10.26 ATCP 10.26 Swine pseudorabies; testing and control.

ATCP 10.26(1)(1) Who may collect test sample. A person who collects a pseudorabies test sample, for purposes of this chapter or ch. ATCP 12, shall be one of the following:

ATCP 10.26(1)(a) (a) An accredited veterinarian and, if the accredited veterinarian collects the test sample from swine in this state, a Wisconsin certified veterinarian.

ATCP 10.26(1)(b) (b) An authorized employee or agent of the department or the federal bureau.

ATCP 10.26(2) (2) Test procedure. A pseudorabies test shall comply with the pseudorabies national eradication standards. A laboratory approved by the department or the federal bureau shall conduct laboratory testing.

ATCP 10.26 Note Note: The pseudorabies national eradication standards are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/animal_health. Copies may also be obtained by writing to the following address:

ATCP 10.26 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.26(3) (3) Reporting test results. A veterinarian who collects pseudorabies test samples from swine in this state shall report the test results to the department and the swine owner, according to s. ATCP 10.04 (1).

ATCP 10.26(4) (4) Surveillance testing. The department shall conduct a surveillance sampling program for pseudorabies. The program shall include systematic collection and testing of blood or tissue samples from Wisconsin swine. Samples may include blood samples routinely collected from slaughtered swine.

ATCP 10.26(5) (5) Investigation; herd testing. Whenever the department detects pseudorabies in any surveillance sample under sub. (4), the department shall investigate to determine whether swine herds in Wisconsin have been exposed to pseudorabies. The investigation may include additional testing of potentially exposed herds.

ATCP 10.26(6) (6) Quarantine.

ATCP 10.26(6)(a)(a) The department may quarantine swine whenever the department reasonably suspects that the swine may be infected with or exposed to pseudorabies. The department may quarantine all swine located on the premises. The quarantine shall comply with s. ATCP 10.91.

ATCP 10.26(6)(b) (b) The department may release a quarantine under par. (a) if any of the following occur:

ATCP 10.26(6)(b)1. 1. All of the breeding animals and a statistically significant number of the finishing animals in the quarantined herd test negative on 2 consecutive pseudorabies tests approved by the department and administered at least 30 days apart.

ATCP 10.26(6)(b)2. 2. All swine on the premises are slaughtered, and the premises are cleaned, disinfected and kept free of swine for at least 30 days.

ATCP 10.26(6)(b)3. 3. The department determines that the herd is not infected, based upon survey testing and epidemiological information.

ATCP 10.26(7) (7) Condemnation.

ATCP 10.26(7)(a)(a) The department may summarily condemn and order the destruction of swine whenever the department finds that condemnation is necessary to prevent or reduce the spread of pseudorabies.

ATCP 10.26 Note Note: See s. 95.27, Stats. A herd owner may receive indemnities for condemned swine, to the extent provided by law.

ATCP 10.26(7)(b) (b) The state veterinarian may issue a condemnation order under par. (a) on behalf of the department. The order shall state the reason for the condemnation.

ATCP 10.26 Note Note: A herd owner may request a hearing on a condemnation order, pursuant to ch. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay the condemnation order.

ATCP 10.26(8) (8) Herd plan.

ATCP 10.26(8)(a)(a) A herd plan is an agreement, between the department and an owner of swine, for the eradication of pseudorabies. A herd plan shall comply with the pseudorabies national eradication standards, based on the state's current program stage for control of pseudorabies.

ATCP 10.26 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.26(8)(b) (b) An owner of swine may enter into a herd plan within 60 days after the department quarantines those swine. The department may extend the deadline date for good cause. If a herd owner fails to enter into a herd plan by the deadline date, the herd owner is no longer eligible for indemnities if the department condemns the swine under sub. (7).

ATCP 10.26(8)(c) (c) A herd plan shall be designed to eradicate pseudorabies within 24 months after the herd plan is signed, or within 24 months after the department quarantines the herd, whichever occurs first. The department may extend the eradication deadline for good cause.

ATCP 10.26(8)(d) (d) The department shall periodically review and document a herd owner's performance under a herd plan. If a herd owner fails or refuses to comply with a herd plan, the department may issue a notice revoking the herd owner's eligibility for indemnities on swine condemned under sub. (7). The state veterinarian may issue the notice on behalf of the department.

ATCP 10.26 Note Note: A herd owner may request a hearing on a notice under par. (d), pursuant to ch. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay the condemnation order.

ATCP 10.26(9) (9) Movement of quarantined or exposed swine.

ATCP 10.26(9)(a)(a) Swine that are infected with pseudorabies, or that are part of a herd quarantined for pseudorabies, shall be held separate and apart from all other swine until slaughtered. Swine that come in contact with infected swine, or with swine from a quarantined herd, are considered exposed swine.

ATCP 10.26(9)(b) (b) No quarantined swine or exposed swine may be moved, except as authorized by the department in a permit under s. ATCP 10.08 (3).

ATCP 10.26(9)(c) (c) Whenever the department authorizes the movement of swine quarantined for pseudorabies, the department shall take reasonable steps to notify other herd owners who may be adversely affected by the movement. The department shall, if practicable, issue a written notice to the other herd owners at least 10 days before the swine are moved.

ATCP 10.26 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.

ATCP 10.27 ATCP 10.27 Swine pseudorabies; herd certification.

ATCP 10.27(1)(1) Qualified pseudorabies negative herd. The department may certify a herd of swine as a qualified pseudorabies negative herd if the herd qualifies for that certification under the pseudorabies national eradication standards. Every certification application shall include a nonrefundable fee of $50 for each year of certification. To maintain the certification, the herd owner shall comply with applicable requirements under the pseudorabies national eradication standards.

ATCP 10.27 Note Note: The pseudorabies national eradication standards are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/animal_health. Copies may be obtained by writing to the following address:

ATCP 10.27 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.27(2) (2) Qualified pseudorabies negative grow-out herd. The department may certify a herd of swine as a qualified pseudorabies negative grow-out herd if the herd qualifies for that certification under the pseudorabies national eradication standards. Every certification application shall include a nonrefundable fee of $50 for each year of certification. To maintain the certification, the herd owner shall comply with applicable requirements under the pseudorabies national eradication standards.

ATCP 10.27 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.27(3) (3) Feeder swine pseudorabies monitored herd. The department may certify a herd of swine as a feeder swine pseudorabies monitored herd if the herd qualifies for that certification under the pseudorabies national eradication standards. Every certification application shall include a nonrefundable fee of $50 for each year of certification. To maintain the certification, the herd owner shall comply with applicable requirements under the pseudorabies national eradication standards.

ATCP 10.27 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.27(4) (4) Suspending or revoking certification.

ATCP 10.27(4)(a)(a) The department may summarily suspend or revoke any certification under this section if any of the following occur:

ATCP 10.27(4)(a)1. 1. An animal in the herd tests positive for pseudorabies.

ATCP 10.27(4)(a)2. 2. The herd owner fails to comply with certification requirements.

ATCP 10.27(4)(b) (b) The state veterinarian may issue a summary suspension or revocation notice under par. (a). The notice shall state the reason for the suspension or revocation.

ATCP 10.27 Note Note: A herd owner affected by a suspension or revocation may request a hearing before the department under ch. 227.42, Stats., and ch. ATCP 1. A request for a hearing does not automatically stay the summary suspension or revocation.

ATCP 10.27 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (1) to (3) Register June 2008 No. 630, eff. 7-1-09.

ATCP 10.28 ATCP 10.28 Swine brucellosis; testing and control.

ATCP 10.28(1)(1) Who may collect test samples. A person who collects a swine brucellosis test sample, for purposes of this chapter or ch. ATCP 12, shall be one of the following:

ATCP 10.28(1)(a) (a) An accredited veterinarian. If the veterinarian collects the test sample from a swine in this state, the veterinarian shall also be a Wisconsin certified veterinarian.

ATCP 10.28(1)(b) (b) An authorized employee or agent of the department or the federal bureau.

ATCP 10.28(2) (2) Test procedures. Swine brucellosis test sample collection and testing shall comply with the brucellosis uniform methods and rules. A laboratory approved by the department or the federal bureau shall conduct swine brucellosis tests.

ATCP 10.28 Note Note: The brucellosis uniform methods and rules are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/animal_health. Copies may be obtained by writing to the following address:

ATCP 10.28 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.28(3) (3) Reporting test results. A veterinarian who collects a swine brucellosis test sample from a swine in this state shall report the test results to the department and the swine owner according to s. ATCP 10.04 (1).

ATCP 10.28(4) (4) Reactors.

ATCP 10.28(4)(a)(a) The department or the federal bureau shall classify, as a brucellosis reactor, any swine that qualifies as a reactor under the brucellosis uniform methods and rules.

ATCP 10.28(4)(b) (b) Within 15 days after the department or the federal bureau classifies a swine as a brucellosis reactor, the herd owner shall do all the following:

ATCP 10.28(4)(b)1. 1. Have the swine identified as a reactor, and shipped to a slaughtering establishment for slaughter, according to the brucellosis uniform methods and rules. The operator shall obtain a department permit under s. ATCP 10.08 (3) for the slaughter shipment.