ATCP 10.52(3)(c)
(c) A person who collects a test sample under
sub. (1m) shall do all of the following:
ATCP 10.52(3)(c)1.
1. Comply with standard veterinary procedures when collecting the test sample.
ATCP 10.52(3)(c)2.
2. Submit the test sample to a laboratory approved under
sub. (5) within 10 calendar days.
ATCP 10.52(4)(a)(a) A person may not collect a test sample under
sub. (1m) unless the person has completed sample collection training approved by the department and is one of the following:
ATCP 10.52(4)(b)
(b) The department may by written notice, without prior notice or hearing, disqualify a person from collecting samples under
sub. (1m). The notice shall specify the reason for disqualification. The department may disqualify a person if the person lacks required qualifications, fails to collect samples that are consistently testable, or fails to meet other responsibilities under this chapter. A disqualified person may not collect test samples under
sub. (1m).
ATCP 10.52 Note
Note: A disqualified person may request a hearing on a disqualification under par. (b), pursuant to s. 227, Stats., and ch.
ATCP 1. A request for a hearing does not automatically stay a summary disqualification.
ATCP 10.52(4)(c)
(c) No person may misrepresent, directly or by implication, that any person is qualified to collect test samples under
sub. (1m).
ATCP 10.52(5)
(5) Approved laboratories. Tests under
sub. (1m) shall be performed at a laboratory that the department and the federal bureau have approved to conduct chronic wasting disease tests.
ATCP 10.52(6)
(6) Reporting test results. Whenever any person receives a laboratory test result that is positive for chronic wasting disease, that person shall report that test result according to
s. ATCP 10.03.
ATCP 10.52 Note
Note: The reporting requirement under sub. (6) applies to any laboratory test result that is positive for chronic wasting disease, not just the result of a test required under sub. (1m). Telephone and FAX reports should be made to the following numbers:
ATCP 10.52 Note
Phone: (608) 224-4872
FAX: (608) 224-4871
ATCP 10.52 Note
Written reports should be made to the following address:
ATCP 10.52 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI. 53708-8911
ATCP 10.52(7)
(7) Herd quarantine. The department shall quarantine a farm-raised deer herd, under
s. ATCP 10.91, whenever any farm-raised deer from that herd tests positive for chronic wasting disease. The department shall conduct an epidemiological evaluation of the quarantined herd to determine the appropriate disposition of the herd.
ATCP 10.52(8)(a)(a) The department may order the slaughter or destruction of farm-raised deer, as provided in s.
95.23 (1m) or
95.31, Stats. An order may do all of the following:
ATCP 10.52(8)(a)2.
2. Direct appropriate disease testing and disposition of the carcasses.
ATCP 10.52(8)(a)3.
3. Require the herd owner or custodian to enter into a premises plan agreement under
par. (b), within a reasonable time specified in the order, as a condition to the payment of indemnities under
par. (c). The terms of a premises plan agreement may be contingent on the outcome of disease testing.
ATCP 10.52(8)(b)
(b) A premises plan agreement under
par. (a) 3. may require the herd owner or custodian to clean and disinfect the herd premises, limit future cervid movement to and from the premises, or comply with other requirements that are reasonably designed to prevent the spread of disease. An agreement may include a restrictive covenant, such as a fence maintenance requirement, that is binding on subsequent property owners for the duration of the agreement.
ATCP 10.52(8)(c)
(c) The owner of farm-raised deer slaughtered or destroyed pursuant to a department order under
par. (a) may request an indemnity as provided in s.
95.23 (1m) or
95.31, Stats. The owner shall file the request with the department, on a form provided by the department. The request shall include proof of compliance with the department's order under
par. (a).
ATCP 10.52 Note
Note: A person may obtain an application form under par. (c) by calling (608) 224-4872, by visiting the department website at www:datcp.state.wi.us, or by writing to the following address:
ATCP 10.52 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53718
ATCP 10.52(9)
(9) Keeper shall notify veterinarian. Whenever a keeper of farm-raised deer observes signs or symptoms of chronic wasting disease in any animal in the herd, the keeper shall report the signs or symptoms to a Wisconsin certified veterinarian. The keeper shall make the report within 24 hours after observing the signs or symptoms.
ATCP 10.52 History
History: CR 06-009: cr.
Register September 2006 No. 609, eff. 10-1-06;
CR 07-107: am. (1) (intro.), r. and recr. (3) (a), (c) 2. and (8)
Register November 2008 No. 635, eff. 12-1-08;
CR 11-048: renum. (1) to be (1m) and am., cr. (1), am. (3) (a) (intro.), (b), (c), (4) (a) (intro.), (b), (c), (5)
Register July 2012 No. 679, eff. 8-1-12.
ATCP 10.53
ATCP 10.53
Farm-raised deer; chronic wasting disease herd status program. ATCP 10.53(1)
(1)
General. A person who keeps farm-raised deer in this state and holds a valid farm-raised deer keeper registration under
s. ATCP 10.46 may enroll the herd in the chronic wasting disease herd status program under this section.
ATCP 10.53 Note
Note: No person may move a live farm-raised deer from a herd in this state unless the herd is enrolled in the status program under this section. See ss.
ATCP 10.52 (2) and
10.56 (1).
ATCP 10.53(1m)
(1m) Herd status, multiple herds. A chronic wasting disease herd status may cover multiple herds of farm-raised deer of one deer keeper or farm-raised deer of multiple deer keepers if all of the farm-raised deer included in the herd status are commingled and managed as one herd for disease control purposes. This subsection does not apply to herds considered by the department to be medically separated herds.
ATCP 10.53(2)
(2) Application. To enroll a herd in the status program under this section, a person shall submit an application on a form provided by the department. The application shall include all the following:
ATCP 10.53(2)(a)
(a) The name, address and telephone number of the herd owner, and any trade names under which the herd owner does business.
ATCP 10.53(2)(b)
(b) The name, address and telephone number of the herd custodian, if other than the herd owner.
ATCP 10.53(2)(c)
(c) The herd location, including the county, town, section and fire number assigned to that location.
ATCP 10.53(2)(d)
(d) A report of a complete herd census completed no more than 30 days prior to the date of application. The applicant shall submit the census report on a form provided by the department. The census report shall include all the following:
ATCP 10.53(2)(e)
(e) A written statement, by a Wisconsin certified veterinarian, which certifies all of the following:
ATCP 10.53(2)(e)1.
1. That the veterinarian is the herd veterinarian, having established a valid veterinarian-client relationship with the herd keeper and a valid veterinarian-patient relationship with the herd.
ATCP 10.53(2)(e)2.
2. That no farm-raised deer in the herd has shown any clinical signs of chronic wasting disease in the past 12 months.
ATCP 10.53 Note
Note: A person may obtain an application form under sub. (2) by calling (608) 224-4872, by visiting the department website at
www.datcp.state.wi.us, or by writing to the following address:
ATCP 10.53 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.53(3)
(3) Action on application. The department shall grant or deny an application under
sub. (2) within 30 days after the department receives a complete application. Except as provided in
sub. (9), a herd is enrolled on the day that the department accepts the application. The department shall notify the herd keeper of the enrollment date.
ATCP 10.53(4)
(4) Continued enrollment. A person who enrolls a herd in the status program under this section shall do all the following to continue that enrollment:
ATCP 10.53(4)(a)
(a) Identify every farm-raised deer in the herd with official individual identification before the farm-raised deer is one year old.
ATCP 10.53(4)(b)
(b) Have a chronic wasting disease test performed, according to
s. ATCP 10.52, on each of the following farm-raised deer that is at least 16 months old:
ATCP 10.53(4)(b)1.
1. A farm-raised deer that dies or is killed while kept by that person.
ATCP 10.53(4)(c)
(c) Notify the herd veterinarian within 24 hours after observing any signs or symptoms of chronic wasting disease in the herd.
ATCP 10.53(4)(d)
(d) Complete an annual herd census and file a report of that herd census under
sub. (5).
ATCP 10.53(4)(f)
(f) Provide the department with an annual written statement from the herd veterinarian. A Wisconsin certified veterinarian shall sign and submit the statement within 30 days before or after the anniversary of the herd's enrollment under
sub. (3). The statement shall certify all the following:
ATCP 10.53(4)(f)1.
1. That the veterinarian is the herd veterinarian, having established a valid veterinarian-client relationship with the herd keeper and a valid veterinarian-patient relationship with the herd.
ATCP 10.53(4)(f)2.
2. That the herd has not had any signs of chronic wasting disease, or any positive test results for chronic wasting disease, in the past 12 months.
ATCP 10.53 Note
Note: Under s.
ATCP 10.46 (12), if a farm-raised deer escapes from a herd enrolled in the chronic wasting disease herd status program, and is returned to the herd more than 72 hours after the escape, it loses its status under the program and is treated as a new addition to the herd. That will adversely affect the program status of the entire herd.
ATCP 10.53 Note
A more stringent rule applies if the farm-raised deer escapes into a wild deer disease control area designated by the Wisconsin department of natural resources. If that escaped farm-raised deer is returned to the herd more than 24 hours after the escape, it loses its status under the program and is treated as a new addition to the herd. That will adversely affect the program status of the whole herd.
ATCP 10.53 Note
If an escaped farm-raised deer is not returned to the herd, there is no effect on the program status of the herd, except as provided in sub. (7).
ATCP 10.53(5)
(5) Annual herd census. A person shall complete an annual herd census under
sub. (4) (d) within 30 days before or after the anniversary of the herd's enrollment under
sub. (3). The person shall file an annual census report under
sub. (4) (d), on a form provided by the department, within 10 days after completing the annual herd census. The report shall include all of the following:
ATCP 10.53(5)(a)
(a) A whole herd inventory that shall include all of the following:
ATCP 10.53(5)(a)1.
1. The total number of farm-raised deer in the herd at least one year old.
ATCP 10.53(5)(a)3.
3. The species, sex, and month and year of birth of all farm-raised deer in the herd.
ATCP 10.53(5)(a)4.
4. The official individual identification and any auxiliary identification of each farm-raised deer that is at least one year old.
ATCP 10.53(5)(a)5.
5. The following information for each farm-raised deer added to the herd since the last herd census:
ATCP 10.53(5)(a)5.a.
a. Whether the new farm-raised deer was born in the herd or added from another source.
ATCP 10.53(5)(a)5.b.
b. If the farm-raised deer was added from another source, the name and address of the person from whom it was obtained.
ATCP 10.53 Note
Note: Farm-raised deer less than one year old may be grouped by like species, sex, and month and year of birth, for example: 5 WTD, Female, born in herd, June, 2011.
ATCP 10.53(5)(b)
(b) A report that indicates, for each farm-raised deer that has left the herd since the last reported herd census, by escape, death, slaughter or transfer of ownership, all of the following:
ATCP 10.53(5)(b)1.
1. The total number of farm-raised deer less than one year old that left the herd.
ATCP 10.53(5)(b)2.
2. The official individual identification and any auxiliary identification of each farm-raised deer that left the herd.
ATCP 10.53(5)(b)3.
3. Species, sex, and month and year of birth for each farm-raised deer that left the herd.
ATCP 10.53(5)(b)4.
4. Whether the farm-raised deer escaped, died on the premises, was shipped directly to a slaughtering establishment for slaughter, or was shipped to a place other than a slaughtering establishment.
ATCP 10.53(5)(b)5.
5. If the farm-raised deer was shipped live to a place other than a slaughtering establishment, the name and address of the person to whom it was shipped and the place to which it was shipped.
ATCP 10.53(5)(b)6.
6. If the farm-raised deer died on the premises, was slaughtered, or killed and the farm-raised deer was at least 16 months old, copies of the laboratory report showing the chronic wasting disease test results required under
sub. (4) (b) if the test was not performed at the Wisconsin veterinary diagnostic laboratory.
ATCP 10.53(5)(b)7.
7. If the farm-raised deer died on the herd premises, the disposition of its carcass. If the carcass left the premises, the report shall identify the carcass destination and recipient.
ATCP 10.53(5)(b)8.
8. If the farm-raised deer was shipped directly to a slaughtering establishment, the name and address of the slaughtering establishment.
ATCP 10.53(5)(c)
(c) A report of escapes that shall include information related to every farm-raised deer that has escaped since the last reported herd census, including:
ATCP 10.53(5)(c)3.
3. If the escaped animal was killed before returning to the herd, the date it was killed, the date the chronic wasting disease sample was submitted for testing, and the results of that test.
