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Register July 2012 No. 679
Chapter ATCP 12
ANIMAL MARKETS, DEALERS AND TRUCKERS
ATCP 12.01       Definitions.
ATCP 12.02       Animal markets.
ATCP 12.03       Animal dealers.
ATCP 12.04       Animal truckers.
ATCP 12.045       Animal transport vehicles.
ATCP 12.05       Identification of livestock.
ATCP 12.06       Records.
ATCP 12.07       Handling downer animals.
ATCP 12.08       Prohibited conduct.
Ch. ATCP 12 Note Note: Chapter Ag 12 as it existed on December 31, 1990 was repealed and a new ch. Ag 12 was created effective January 1, 1991; Chapter Ag 12 was renumbered ch. ATCP 12 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.
ATCP 12.01 ATCP 12.01 Definitions. As used in this chapter:
ATCP 12.01(1a) (1a) "Animal dealer" means a person who is required to be licensed under s. ATCP 12.03 (1).
ATCP 12.01(1d) (1d) "Animal dealer premises" means any real property, owned or controlled by an animal dealer, at which the animal dealer keeps, exhibits, or receives livestock or wild animals, or from which the animal dealer ships livestock or wild animals.
ATCP 12.01(1g) (1g) "Animal market" means any premises that are open to the public for the purpose of buying or selling livestock or wild animals, and that have facilities to keep, feed and water livestock or wild animals prior to sale.
ATCP 12.01(1j) (1j) "Animal market operator" means a person who is required to be licensed under s. ATCP 12.02 (1).
ATCP 12.01(1m) (1m) "Animal transport vehicle" means a vehicle used to transport livestock or wild animals. "Animal transport vehicle" includes a trailer, truck or other conveyance in which animals are transported on public highways, whether or not the conveyance is motorized. "Animal transport vehicle" does not include a vehicle that merely pulls a separate animal transport vehicle, and is not itself used to contain animals.
ATCP 12.01(1r) (1r) "Animal trucker" means a person who is required to be licensed under s. ATCP 12.04 (1).
ATCP 12.01(1w) (1w) "Bovine animal" means domestic cattle (Bos sp.) or American bison of any age or sex.
ATCP 12.01(2) (2) "Buying station" means premises which are open to the public to receive livestock for direct shipment to slaughter.
ATCP 12.01(2m) (2m) "Chronic wasting disease registration tag" means an eartag, used to identify a cervid, which includes all the following:
ATCP 12.01(2m)(a) (a) A premises identification number assigned by the department.
ATCP 12.01(2m)(b) (b) A number that uniquely identifies the cervid.
ATCP 12.01(3) (3) "Commingle" means to cause or permit any of the following:
ATCP 12.01(3)(a) (a) Direct contact with other animals.
ATCP 12.01(3)(b) (b) Unprotected contact with the same facilities, equipment, individuals or environment contacted by other animals, under circumstances where that unprotected contact may spread disease.
ATCP 12.01(4) (4) "Communicable" means transmissible either directly or indirectly.
ATCP 12.01(5) (5) "Contagious" means spread by contact, body secretions, or fomites.
ATCP 12.01(6) (6) "Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
ATCP 12.01(7) (7) "Diseased" means afflicted with a contagious, infectious, or communicable disease.
ATCP 12.01(8) (8) "Downer animal" means an animal which is in a sitting or prone position and cannot move to a normal standing or upright position under its own power, without application of inhumane stimulus.
ATCP 12.01(8m) (8m) "Equine animal" has the meaning specified under s. 95.68 (1) (am), Stats.
ATCP 12.01(8r) (8r) "Equine market" has the meaning specified under s. 95.68 (1) (b), Stats.
ATCP 12.01(8w) (8w) "Farm-raised deer" has the meaning given in s. 95.001 (1) (ag), Stats., but does not include cervids kept by an institution accredited by the American association of zoological parks and aquariums.
ATCP 12.01(8x) (8x) "Federally approved livestock import market" means an animal market that complies with s. ATCP 10.07 (4).
ATCP 12.01(9) (9) "Feeder cattle" means bovine animals, other than dairy class females, kept for the sole purpose of feeding prior to slaughter, which are not more than 18 months old as evidenced by the absence of permanent teeth, and whose sexual status is one of the following:
ATCP 12.01(9)(a) (a) Non-spayed female that is not parturient or post-parturient.
ATCP 12.01(9)(b) (b) Spayed heifer.
ATCP 12.01(9)(c) (c) Steer.
ATCP 12.01(10) (10) "Feeder swine" means swine that weigh 80 pounds or less and are kept for the sole purpose of feeding prior to slaughter.
ATCP 12.01(11) (11) "Fomite" means an inanimate object or substance which serves to transfer infectious organisms from one animal to another.
ATCP 12.01(12) (12) "Infectious" means caused by a pathogenic agent.
ATCP 12.01(12m) (12m) "Keep farm-raised deer" means to own, rent, lease or serve as the custodian of farm-raised deer.
ATCP 12.01(12p) (12p) "Keeper of farm-raised deer" means a person who keeps farm-raised deer.
ATCP 12.01(13) (13) "Livestock" means farm animals including bovine animals, sheep, goats, swine other than wild hogs, farm-raised deer, and equine animals.
ATCP 12.01(18) (18) "Official backtag" means an identification backtag issued or approved by the federal bureau or the department.
ATCP 12.01 Note Note: Examples of official backtags include the official Wisconsin bovine backtag and the official Wisconsin swine backtag.
ATCP 12.01(19) (19) "Official eartag" means an identification eartag issued or approved by the federal bureau.
ATCP 12.01 Note Note: An official eartag, inserted in the right ear of the animal, uniquely identifies each individual animal with no duplication of the alpha-numeric identification, regardless of the materials or colors used. Examples of official eartags include the official Wisconsin identification tag, the official USDA Wisconsin vaccination tag, and the official Wisconsin swine eartag.
ATCP 12.01(20) (20) "Official individual identification" means a set of identifying characters that is uniquely associated with an individual animal, and that consists of one of the following:
ATCP 12.01(20)(a) (a) The animal's official eartag number.
ATCP 12.01(20)(b) (b) The animal's breed association tattoo.
ATCP 12.01(20)(c) (c) The animal's breed association registration number.
ATCP 12.01(20)(d) (d) A registration freeze brand number that uniquely identifies the animal.
ATCP 12.01(20)(e) (e) The official breed registration lip tattoo number of an equine animal that uniquely identifies the equine animal.
ATCP 12.01(20)(f) (f) A written or graphic description of an equine animal, prepared by either a licensed and accredited veterinarian or an authorized employee of the department or federal bureau, which uniquely identifies that equine animal and includes all of the following:
ATCP 12.01(20)(f)1. 1. A complete and accurate description of the equine animal's breed, coloration and distinguishing markings.
ATCP 12.01(20)(f)2. 2. The equine animal's sexual status.
ATCP 12.01(20)(g) (g) A microchip number if all the following apply:
ATCP 12.01(20)(g)1. 1. The microchip number uniquely identifies the animal.
ATCP 12.01(20)(g)2. 2. The microchip is implanted in the animal.
ATCP 12.01(20)(h) (h) The leg band number of a ratite which uniquely identifies that ratite.
ATCP 12.01(20)(i) (i) A poultry leg band or wing band bearing a number that uniquely identifies a bird.
ATCP 12.01(20)(j) (j) For a swine weighing 80 pounds or less, the premises identification of the premises of origin.
ATCP 12.01(20)(k) (k) A chronic wasting disease status program registration tag, provided that the farm-raised deer also has a unique individual identification number.
ATCP 12.01(20)(L) (L) A premises tattoo for a farm-raised deer, provided the farm-raised deer also has a unique individual identification number.
ATCP 12.01(20)(m) (m) A tattoo number issued by the department.
ATCP 12.01(20)(n) (n) A unique premises identification issued by the department, provided that the animal also bears a unique individual identification number.
ATCP 12.01(20)(o) (o) Other identification approved by the department.
ATCP 12.01(23) (23) "Pen" means any enclosure confining animals to a specific area and may include stanchion or tie stalls.
ATCP 12.01(24) (24) "Person" means an individual, corporation, partnership, association, limited liability company, trust, governmental entity, or other organization or entity.
ATCP 12.01(24m) (24m) "Shipment to slaughter" means the movement of Wisconsin origin animals or animals that have met applicable Wisconsin import requirements, from licensed animal market premises or licensed animal dealer premises to a slaughtering establishment with no change in ownership, other than a change in ownership to the licensed slaughtering establishment. The process of "shipment to slaughter" may not exceed 10 consecutive days.
ATCP 12.01 Note Note: A downer animal may not be held by an animal market operator, an animal dealer or an animal trucker for more than 24 hours. See s. ATCP 12.07.
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