ATCP 10.40(7)(b)1.
1. Report the sale to the department within 10 days, on a form provided by the department.
ATCP 10.40 Note
Note: A person may request a reporting form under par. (a) 1. or (b) 1. by calling (608) 224-4877, by visiting the department website at
www.datcp.state.wi.us, or by writing to the following address:
ATCP 10.40 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.40(8)(a)(a) Subsection (1) does not apply to youth exhibition of poultry or poultry eggs at a county fair if a youth agricultural leader certifies all of the following:
ATCP 10.40(8)(a)3.
3. That the youth acquired the poultry or eggs directly from a flock enrolled under
sub. (2),
sub. (3) or
s. ATCP 10.41, and has not commingled them with poultry or eggs from any other source. This certification shall be based on written source documentation, and on an inspection of the premises where the youth keeps the poultry or eggs.
ATCP 10.40(8)(b)2.
2. Filed with the county fair before the youth exhibits the poultry or eggs.
ATCP 10.40(8)(c)
(c) For purposes of this subsection, a "youth agricultural leader" means any of the following:
ATCP 10.40(8)(c)1.
1. The leader of a bona fide youth agricultural organization to which the youth exhibitor belongs.
ATCP 10.40 Note
Note: For example, a "youth agricultural leader" might include a 4-H leader or FFA sponsor.
ATCP 10.40 Note
Note: For example, a "youth agricultural leader" might include a county fair superintendent or poultry exhibit coordinator.
ATCP 10.40 History
History: CR 06-009: cr.
Register September 2006 No. 609, eff. 10-1-06;
CR 07-061: am. (4) (a) 1.
Register June 2008 No. 630, eff. 7-1-09;
CR 07-107: am. (1) (d) 1., (4) (b) 1., (6) (c) and (d)
Register November 2008 No. 635, eff. 12-1-08; correction in (6) (c) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
CR 11-048: am. (3) (b) 4., (4) (a) 1.
Register July 2012 No. 679, eff. 8-1-12.
ATCP 10.41
ATCP 10.41
National poultry improvement plan. ATCP 10.41(1)(1)
Annual flock enrollment. The owner of a flock of poultry or farm-raised game birds may annually enroll that flock in the national poultry improvement plan. An annual enrollment expires on June 30 of each year.
ATCP 10.41 Note
Note: The national poultry improvement plan is 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. A flock owner may also request a copy by calling (608) 224-4877, by visiting the department website at
www.datcp.state.wi.us, or by writing to the following address:
ATCP 10.41 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.41(2)
(2) Enrollment application. A flock owner shall apply for enrollment under
sub. (1) on a form provided by the department. The application shall include the test results required under
sub. (3), the fee required under
sub. (5), and the livestock premises code of the flock premises. The department shall grant or deny an enrollment application within 30 days after the department receives a complete application.
ATCP 10.41 Note
Note: A flock owner may request an enrollment application form by calling (608) 224-4877, by visiting the department website at
www.datcp.state.wi.us, or by writing to the following address:
ATCP 10.41 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.41(3)
(3) Annual disease testing. An enrollment application under
sub. (1) shall include proof that the flock has been tested for all of the following, within one year prior to the enrollment application date, according to the national poultry improvement plan:
ATCP 10.41(4)
(4) Disease-free certification. The department may certify a flock enrolled under
sub. (1) as "U.S. pullorum-typhoid clean" or "Mycoplasma gallisepticum clean," or both, according to standards in the national poultry improvement plan.
ATCP 10.41(5)
(5) Fee. An enrollment application under
sub. (1) shall include the following annual enrollment fee, as applicable, based on flock type:
ATCP 10.41(5)(a)
(a) $40 if the flock consists solely of specialty breeds, other than breeds commonly raised for meat or egg production, and the flock owner raises the birds primarily for exhibition.
ATCP 10.41(5)(b)
(b) $40 if the flock owner does not hatch or collect eggs, and obtains stock solely from flocks enrolled in the national poultry improvement plan.
ATCP 10.41(5)(c)
(c) $60 if the flock includes farm-raised game birds, the flock owner does not hatch or collect eggs, and the flock owner obtains stock solely from flocks enrolled in the national poultry improvement plan.
ATCP 10.41(5)(d)
(d) The following applicable fee for a breeding flock of poultry or farm-raised game birds:
ATCP 10.41(5)(d)2.
2. $100 if the flock includes more than 1,000 breeders, but no more than 5,000 breeders.
ATCP 10.41(5)(d)3.
3. $200 if the flock includes more than 5,000 breeders, but no more than 10,000 breeders.
ATCP 10.41(6)
(6) Testing. Testing under this section, including test sample collection, shall comply with applicable requirements in
s. ATCP 10.40 (4).
ATCP 10.41(7)
(7) Compliance and inspection. A flock enrolled in the national poultry improvement plan shall comply with all applicable requirements under the plan. The department shall inspect enrolled flocks and take other actions as appropriate, based on plan requirements.
ATCP 10.41 History
History: CR 06-009: cr.
Register September 2006 No. 609, eff. 10-1-06;
CR 07-061: am. (5) (a) to (d) and (6)
Register June 2008 No. 630, eff. 7-1-09;
CR 07-107: am. (2) and (6)
Register November 2008 No. 635, eff. 12-1-08.
ATCP 10.42(1)(a)
(a) No live poultry, poultry eggs for hatching, farm-raised game birds or farm-raised game bird eggs for hatching may be imported to this state unless the live birds or eggs are accompanied by a federal bureau form VS 9-3 or a valid certificate of veterinary inspection that certifies at least one of the following:
ATCP 10.42(1)(a)1.
1. They originate from flocks that are enrolled in the national poultry improvement plan, or a plan that the department determines to be equivalent.
ATCP 10.42(1)(a)2.
2. They originate from flocks that are classified as "U.S. pullorum-typhoid clean" and, in the case of turkeys and turkey eggs, "Mycoplasma gallisepticum clean" under the national poultry improvement plan or a plan that the department determines to be equivalent.
ATCP 10.42(1)(a)3.
3. All individual test-eligible birds have tested negative for pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum within 90 days prior to import. Tested birds shall bear official individual identification, and there shall be no change of ownership between the test sampling date and the import date.
ATCP 10.42(1)(b)
(b) Turkey poults may not be imported from hatcheries that hatch eggs other than turkey eggs. Started poultry, other than turkey poults, may not be imported from hatcheries that hatch turkey eggs. Hatcheries shall comply with sanitation practices prescribed by the state of origin.
ATCP 10.42(2)
(2) Exemption. Subsection (1) does not apply to poultry or farm-raised game birds that are imported directly to a slaughtering establishment for immediate slaughter.
ATCP 10.42 History
History: CR 06-009: cr.
Register September 2006 No. 609, eff. 10-1-06;
CR 07-107: r. and recr. (1) (a)
Register November 2008 No. 635, eff. 12-1-08;
CR 11-048: am. (1) (a)
Register July 2012 No. 679, eff. 8-1-12.
ATCP 10.45
ATCP 10.45
Farm-raised deer; disease testing. ATCP 10.45(1)(1)
Availability for testing. A keeper of farm-raised deer shall make the farm-raised deer available to the department for disease testing upon request.
ATCP 10.45(2)
(2) Restrained for testing. A keeper of farm-raised deer shall restrain the farm-raised deer for disease testing, to ensure the safety of the farm-raised deer and the person performing the test. The keeper shall restrain the farm-raised deer by one of the following methods:
ATCP 10.45(2)(b)
(b) By tranquilizing the farm-raised deer, to the satisfaction of the department, so they can be safely tested.
ATCP 10.45 Note
Note: The department will not tranquilize farm-raised deer for testing, and assumes no liability related to the tranquilization of farm-raised deer.
ATCP 10.45(2)(c)
(c) By moving farm-raised deer, pursuant to a permit issued under
s. ATCP 10.08 (3), to an isolation and testing facility approved under
s. ATCP 10.56 (4) where the farm-raised deer can be safely tested.
ATCP 10.45(3)(a)1.
1. A holding pen in which farm-raised deer can be safely directed into an alleyway and then to a chute or individual restraining pen for testing.
ATCP 10.45(3)(a)2.
2. An alleyway through which farm-raised deer can be safely guided into a chute or restraining pen for testing.
ATCP 10.45(3)(a)3.
3. A chute or restraining pen which can safely hold farm-raised deer for testing.
ATCP 10.45(3)(a)4.
4. Adequate fencing. Fences used to confine farm-raised deer in animal handling facilities shall be at least 7 feet 10 inches high, except that fences used to confine farm-raised deer of the genus rangifer shall be at least 5 feet high.
ATCP 10.45(3)(b)
(b) If the department determines that animal handling facilities do not comply with
par. (a), the department may order the keeper to provide acceptable facilities or an acceptable alternative method of restraining farm-raised deer under
sub. (2). The keeper shall comply with the department's order within 30 days, unless for good cause the department specifies a different time period.
ATCP 10.45 History
History: CR 06-009: cr.
Register September 2006 No. 609, eff. 10-1-06.
ATCP 10.46
ATCP 10.46
Farm-raised deer herds; registration. ATCP 10.46(1)(a)(a) Except as provided in
par. (e) or
sub. (1m), no person may keep farm-raised deer at any location in this state unless the department has issued a current annual farm-raised deer herd registration certificate authorizing that person to keep farm-raised deer at that location. A herd registration certificate is not transferable between persons or locations, except as authorized under s.
95.55 (3c) (b), Stats.
ATCP 10.46(1)(b)
(b) A herd registration certificate under
par. (a) may authorize the registrant to keep a herd of farm-raised deer at 2 or more locations identified in the registration certificate, subject to
sub. (4).
ATCP 10.46(1)(c)
(c) Farm-raised deer from 2 or more herds covered by separate herd registration certificates may be kept at the same location, subject to
sub. (5).
ATCP 10.46(1)(d)
(d) A herd registration certificate under
par. (a) shall bear one or more livestock premises codes that, together, cover all of the herd locations identified in the registration certificate.
ATCP 10.46 Note
Note: A single livestock premises code may cover 2 or more herd locations (see s.
ATCP 17.02 (4) (d) and
(e)).
ATCP 10.46(1)(e)
(e) Paragraph (a) does not apply to the operator of an establishment, licensed under s.
97.42, Stats., at which that operator keeps live farm-raised deer for not more than 72 hours before slaughtering them.
ATCP 10.46(1m)
(1m) Exemption. A person may own less than 50% of a farm-raised deer or may own less than 50% of a group of farm-raised deer without holding a current annual farm-raised deer herd registration certificate authorizing that person to keep farm-raised deer at that location if all of the following apply:
ATCP 10.46(1m)(a)
(a) All the farm-raised deer partially owned by the person are kept at a location in this state for which a current annual farm-raised deer herd registration certificate covering those deer is issued to another person who also has ownership in the farm-raised deer.
ATCP 10.46(1m)(b)
(b) The partial owner of the farm-raised deer is listed as a partial owner on the farm-raised deer herd registration certificate application regardless of the percentage of ownership interest. The farm-raised deer herd registration application shall include the name, address, and telephone number, if any, of all persons holding any ownership interest in any farm-raised deer included under the registration application. For each owner listed, the application shall include the specific official individual identification for each deer in which the owner has an ownership interest and the amount of that ownership interest, as a percentage or dollar value.
ATCP 10.46(2)
(2) Authority conferred by registration certificate. ATCP 10.46(2)(a)(a) Except as provided in
pars. (b) and
(c), a person holding a registration certificate under
sub. (1) may possess, propagate, kill, attempt to kill, pursue for the purpose of killing, capture or exhibit farm-raised deer kept at the registered premises, subject to this chapter.
ATCP 10.46(2)(b)
(b) A person holding a registration certificate under
sub. (1) may not sell, or offer to others, the opportunity to hunt farm-raised deer on the registered premises unless that person complies with
s. ATCP 10.47.
ATCP 10.46(2)(c)
(c) A registration certificate under
sub. (1) does not entitle the certificate holder to operate as an animal dealer unless that person is also licensed under
s. ATCP 12.03.
ATCP 10.46 Note
Note: An animal dealer license under s.
ATCP 12.03 does not entitle the license holder to keep farm-raised deer unless that person also holds a registration certificate under sub. (1).
ATCP 10.46(2)(d)
(d) A registration certificate under
sub. (1) authorizes the certificate holder to operate a farm-raised deer quarantine and testing facility if the person also holds a permit for that facility under
sub. (14).
ATCP 10.46(2)(e)
(e) A person holding a registration certificate under
sub. (1) shall notify the department when no longer operating as a farm-raised deer keeper. The person shall do one of the following:
ATCP 10.46(2)(e)2.
2. If the herd is not enrolled in the chronic wasting disease herd status program under
s. ATCP 10.53, the person shall include the disposition of each of the deer in the notification to the department.
ATCP 10.46(3)
(3) Registration certificate expires. A registration certificate under
sub. (1) expires on March 15 of each year. The holder of a registration certificate may renew that certificate by submitting an annual renewal application under
sub. (6).
