ATCP 10.35(1)(a)2.
2. The sale or transfer of ownership occurs on or before January 31, the animal has tested negative for equine infectious anemia during the preceding calendar year, and the official test report accompanies the animal.
ATCP 10.35(1)(b)2.
2. An equine animal sold directly to a slaughtering establishment for slaughter.
ATCP 10.35(1)(b)3.
3. An equine animal consigned to an animal market for sale directly to slaughter. If the animal is not shipped directly to a slaughter establishment within 10 days after it is received at the market, it shall be tested immediately.
ATCP 10.35(1)(b)4.
4. An equine animal sold to an animal market operator, provided that the animal market operator ships the animal directly to slaughter or has the animal tested for equine infectious anemia within 10 days after purchase.
ATCP 10.35(2)
(2) Who may collect test sample. A person who collects an equine infectious anemia test sample, for purposes of this chapter or
ch. ATCP 12, shall be one of the following:
ATCP 10.35(2)(a)
(a) An accredited veterinarian. If the veterinarian performs the test in this state, the veterinarian shall also be a Wisconsin certified veterinarian.
ATCP 10.35(2)(b)
(b) An authorized employee or agent of the department or the federal bureau.
ATCP 10.35(3)
(3) Sample identification and testing. A person who collects an equine infectious anemia test sample shall identify the sample with the official individual identification of the equine animal from which the sample was collected. Equine infectious anemia tests shall be conducted at a laboratory approved by the department or the federal bureau.
ATCP 10.35(4)(a)(a) No person may move an equine animal that tests positive for equine infectious anemia, except as provided in this section. The department shall summarily quarantine every test positive animal. The quarantine notice shall include all of the following:
ATCP 10.35(4)(b)
(b) If the department finds that a test positive animal under
par. (a) has participated in an event where it could have exposed other equine animals, the department shall notify the event sponsor. The event sponsor shall notify other event participants their animals may have been exposed.
ATCP 10.35(4)(c)
(c) The department may summarily quarantine any of the following:
ATCP 10.35(4)(c)1.
1. Equine animals kept on the same premises with a test positive animal under
par. (a).
ATCP 10.35(4)(c)2.
2. Equine animals that may have been exposed to a test positive animal under
par. (a).
ATCP 10.35(4)(e)
(e) An equine animal quarantined under
par. (a) or
(c) shall be kept in a stall or other facility from which flies are effectively excluded, or at least 300 yards from all equine animals that are not known to be infected.
ATCP 10.35 Note
Note: Equine infectious anemia is spread by biting flies.
ATCP 10.35 Note
Note: A person adversely affected by a quarantine under par. (a) or (c) may, within 30 days after the quarantine is served, request a hearing on the quarantine as provided in s.
ATCP 10.89 (6). A request for hearing does not automatically stay a quarantine notice.
ATCP 10.35(5)(a)(a) The department shall retest an animal quarantined under
sub. (4) (a) if, within 10 days after the quarantine notice is served, the owner of the quarantined animal files a written retest request with the department and pays a retest fee of $25. A retest request does not stay a quarantine notice under
sub. (4) (a).
ATCP 10.35(5)(b)
(b) A veterinarian employed by the department or the federal bureau shall collect the test sample for any retest under
par. (a). The veterinarian shall verify that the retested animal is the same animal originally tested. The veterinarian shall collect the retest sample at least 14 days after the department receives the retest request, but not more than 45 days after the initial test sample was collected.
ATCP 10.35(5)(c)
(c) If a retest result is negative, the department may do any of the following:
ATCP 10.35(5)(c)2.
2. Conduct additional testing to clarify the disease status of the animal.
ATCP 10.35(6)(a)(a) The state veterinarian shall issue a branding order for each test positive animal quarantined under
sub. (4) (a), unless one of the following applies:
ATCP 10.35(6)(a)1.
1. The time for requesting a retest, or a hearing on the quarantine order, has not yet expired.
ATCP 10.35(6)(a)2.
2. A person has made a timely request for hearing on the quarantine order, and the contested case proceeding is not yet completed.
ATCP 10.35(6)(a)3.
3. A person has made a valid request for a retest under
sub. (5), and the retest is not yet completed.
ATCP 10.35(6)(a)5.
5. The state veterinarian is restrained by a judicial order, or by order of the department secretary or administrative law judge under
ch. ATCP 1.
ATCP 10.35(6)(a)7.
7. The state veterinarian determines that branding is not appropriate or necessary.
ATCP 10.35(6)(b)
(b) A branding order under
par. (a) shall be served on the owner and on the custodian of the animal to be branded. A veterinarian employed by the department or the federal bureau shall execute the branding order by applying a "35a" freeze brand to the left side of the animal's neck. The veterinarian may not execute the branding order sooner than 14 days after the branding order is served on the owner and custodian of the animal, unless the owner and custodian consent in writing to the branding. No person may, except by judicial or administrative process, prevent the lawful execution of a branding order under this paragraph.
ATCP 10.35 Note
Note: A person adversely affected by a branding order may request a hearing on the order, pursuant to s.
227.42, Stats., and ch.
ATCP 1. A request for hearing does not automatically stay the branding order.
ATCP 10.35(6)(d)
(d) An equine animal branded under
par. (b) shall be kept in a stall or other facility from which flies are effectively excluded, or at least 300 yards from all equine animals that are not known to be infected.
ATCP 10.35 Note
Note: Equine infectious anemia is spread by biting flies.
ATCP 10.35 History
History: CR 06-009: cr.
Register September 2006 No. 609, eff. 10-1-06;
CR 11-048: am. (1) (a), r. (6) (c)
Register July 2012 No. 679, eff. 8-1-12.
ATCP 10.36(1)
(1)
Certificate of veterinary inspection; requirement. Except as provided in
sub. (2), no person may import an equine animal into this state unless the animal is accompanied by a valid certificate of veterinary inspection. The certificate shall include all of the following:
ATCP 10.36(1)(a)
(a) The official individual identification of the equine animal.
ATCP 10.36(1)(b)
(b) A report of a negative test for equine infectious anemia if required by
sub. (3).
ATCP 10.36(2)
(2) Certificate of veterinary inspection; exemptions. Subsection (1) does not apply to any of the following:
ATCP 10.36(2)(a)
(a) An animal imported directly to a slaughtering establishment for slaughter.
ATCP 10.36(2)(b)1.
1. The animal is shipped directly to a slaughtering establishment, for slaughter, within 10 days after it arrives at the animal market and before it is commingled with any equine animal that is not shipped to slaughter.
ATCP 10.36(2)(b)2.
2. A Wisconsin certified veterinarian issues a certificate of veterinary inspection for the equine animal before the animal leaves the animal market or is commingled with any other equine animal at the market. The certificate shall include a report of a negative test for equine infectious anemia if required under
sub. (3).
ATCP 10.36(2)(c)
(c) An animal imported directly to a veterinary facility for treatment, provided that the animal is returned to its place of origin immediately after treatment.
ATCP 10.36(2)(d)
(d) An animal returning to its place of origin in this state immediately after treatment in a veterinary facility outside this state.
ATCP 10.36(2)(e)
(e) An animal imported for a trail ride, horse show or exhibition if all the following apply:
ATCP 10.36(2)(e)3.
3. The animal is accompanied by a report of a negative equine infectious anemia test that complies with
sub. (3).
ATCP 10.36(2)(e)4.
4. The animal originates from a state that allows Wisconsin equine animals to attend trail rides, horse shows or exhibitions in that state under similar conditions.
ATCP 10.36(3)
(3) Equine infectious anemia test; requirement. Except as provided in
sub. (4), no person may import any equine animal into this state unless one of the following applies:
ATCP 10.36(3)(a)
(a) The animal has tested negative on an equine infectious anemia test conducted during the calendar year in which the animal is imported into this state.
ATCP 10.36(3)(b)
(b) The animal is imported on or before January 31 of any calendar year and the animal tested negative for equine infectious anemia during the preceding calendar year.
ATCP 10.36(4)
(4) Equine infectious anemia test; exemptions. Subsection (3) does not apply to any of the following:
ATCP 10.36(4)(b)
(b) An animal imported directly to an animal market licensed under
s. ATCP 12.02, provided that one of the following applies:
ATCP 10.36(4)(b)1.
1. The animal is shipped directly to a slaughtering establishment, for slaughter, within 10 days after it arrives at the animal market and before it is commingled with any other animal that is not shipped to slaughter.
ATCP 10.36(4)(b)2.
2. The animal market operator has the animal tested for equine infectious anemia within 10 days after it arrives at the market, and obtains the test results before the animal leaves the animal market and before it is commingled with any other equine animal at the animal market.
ATCP 10.36 Note
Note: If an animal tests positive for equine infectious anemia under par. (b) 2., it must be treated according to sub. (5) (b).
ATCP 10.36(4)(c)
(c) An animal imported directly to a veterinary facility for treatment, provided that the animal is returned to its place of origin immediately after treatment.
ATCP 10.36(4)(d)
(d) An animal returning to its place of origin in this state immediately after treatment in a veterinary facility outside this state.
ATCP 10.36(4)(e)
(e) An animal imported pursuant to a permit under
s. ATCP 10.07 (2), if the import complies with all of the following permit conditions:
ATCP 10.36(4)(e)1.
1. An equine infectious anemia test sample is collected from the animal before the animal is imported.
ATCP 10.36(4)(e)2.
2. The animal is confined to the premises at which it is first received in this state until the test results are known. The animal may not be commingled with any other equine animals on the premises during that confinement period.
ATCP 10.36 Note
Note: If an animal tests positive for equine infectious anemia under par. (e), it must be treated according to sub. (5) (b).
ATCP 10.36(5)
(5) Equine infectious anemia; test positive animals. ATCP 10.36(5)(a)(a) No person may import an equine animal that has tested positive for equine infectious anemia.
ATCP 10.36(5)(b)
(b) If an equine animal tests positive for equine infectious anemia under
sub. (4) (b) 2. or
(e) after it enters this state, the owner or custodian of the animal shall do one of the following:
ATCP 10.36 History
History: CR 06-009: cr.
Register September 2006 No. 609, eff. 10-1-06.
ATCP 10.37
ATCP 10.37
Foreign equine imports; quarantine station. ATCP 10.37(1)(a)(a) No person may receive in this state any stallion or mare imported from another nation in which contagious equine metritis has been reported unless all of the following apply:
ATCP 10.37(1)(a)1.
1. The stallion or mare is imported directly to an approved equine quarantine station in a sealed vehicle that has been sealed at a place, and by an agent, approved by the federal bureau. The vehicle seal may not be removed, except at an approved equine quarantine station by an authorized employee or agent of the department.
ATCP 10.37(1)(a)2.
2. The applicant pays a nonrefundable $100 permit fee and the department issues a permit under
s. ATCP 10.07 (2) authorizing the import shipment. A copy of the permit shall accompany the shipment.
ATCP 10.37(1)(b)
(b) All equine animals, including test mares, which are received at an approved equine quarantine station shall be identified with an official individual identification.
