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(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)(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)(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)(n)
(n) A unique premises identification issued by the department, provided that the animal also bears a unique individual identification number.
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.
ATCP 12.01(25)
(25) "Slaughtering establishment" means a slaughtering establishment which is subject to licensing by the department, or to inspection by the United States department of agriculture. "Slaughtering establishment" includes all premises used in connection with a slaughter operation.
ATCP 12.01(26)
(26) "Swine" means a domestic hog or any variety of wild hog.
ATCP 12.01 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91; cr. (8m), (8r), (17) (a) to (c), (17m) and (20) (d) to (h), am. (13), (14) and (15), renum. (17) and (20) (d) to be (17) (intro.) and (20) (i) and am.,
Register, March, 1995, No. 471, eff. 4-1-95; reprinted to restore dropped copy in (17),
Register, April, 1995, No. 472; r. and recr. (13),
Register, February, 1996, No. 482, eff. 3-1-96; emerg. cr. (12m), am. (13), eff. 6-3-96; cr. (8w), (12m), (12p), am. (13),
Register, December, 1996, No. 492, eff. 1-1-97; cr. (8x) and (20) (i), am. (10), (18), (19), (20) (f) 2. and (24), renum. (20) (i) to be (20) (j), r. (21), (22) and (27),
Register, November, 2000, No. 539, eff. 12-1-00; corrections in (8m), (8w), (16) and (17m) made under s. 13.93 (2m) (b) 7., Stats.;
CR 02-078: cr. (2m) and (20) (j) and (k), am. (8w), (14), (16) and (17) (intro.) and (5) (a) 3., renum. (20) (j) to be (20) (L)
Register May 2003 No. 569, eff. 6-1-03;
CR 03-121: renum. (1) and (20) (L) to be (1w) and (20) (n) and am. (1w), cr. (1a), (1d), (1g), (1j), (1m), (1r), (20) (L), (m) and (27), am. (13), r. (14) to (17m), r. and recr. (20g),
Register September 2004 No. 585, eff. 10-1-04;
CR 06-009: am. (1m), (1w), (8x), (18), (19), (27) r. and recr. (3) and (20)
Register September 2006 No. 609, eff. 10-1-06;
CR 11-048: am. (9) (intro.), (10), (20) (f) (intro.), r. (20) (g) 3., cr. (24m)
Register July 2012 No. 679, eff. 8-1-12.
ATCP 12.02(1)(1)
License required. Except as provided in
sub. (1m), no person may operate an animal market without an annual license from the department. A separate license is required for each animal market. The license shall bear the livestock premises code issued under
s. ATCP 17.02 (7) for the animal market. An annual license expires on June 30. A license is not transferable between persons or animal markets.
ATCP 12.02(1m)
(1m) License exemptions. No license is required under
sub. (1) for an occasional auction sale, conducted at a state, county or district fair and sponsored by a livestock breeder association or a youth agricultural organization, if records of the transactions at the sale are maintained by any of the following:
ATCP 12.02(2)(a)(a) A person may apply for a Class A, Class B or Class E animal market license.
ATCP 12.02(2)(b)
(b) At a class A animal market, an operator may conduct livestock and wild animal sales on any number of days during the license year.
ATCP 12.02(2)(c)
(c) At a class B animal market, an operator may conduct livestock sales on no more than 4 days during the license year. An operator may not conduct any wild animal sales at a class B animal market.
ATCP 12.02(2)(d)
(d) At a class E animal market, an operator may conduct sales of equine animals on any number of days during the license year. An operator may not conduct sales of any other livestock or any wild animals at a class E animal market.
ATCP 12.02(3)
(3) Applying for a license. A person shall apply for a license under
sub. (1) on a form provided by the department. The application shall include all the following:
ATCP 12.02(3)(a)
(a) The person's legal name, and any trade names under which the person does business as an animal market operator.
ATCP 12.02(3)(b)
(b) The address of each animal market for which the person seeks a license.
ATCP 12.02(3)(c)
(c) The types of animals traded or sold at each animal market for which the person seeks a license.
ATCP 12.02(3)(d)
(d) The class of license under
sub. (2) that the person seeks for each animal market. A person applying for a class B license shall identify the dates during the previous license year, if any, on which the person conducted livestock sales at the animal market.
ATCP 12.02 Note
Note: An animal market operator must register animal transport vehicles under s.
ATCP 12.045, regardless of whether the animal market operator needs an animal trucker license under s.
ATCP 12.04. An animal market operator needs an animal trucker license if the animal market operator transports livestock or wild animals for others, for hire.
ATCP 12.02(3)(g)
(g) Other relevant information required by the department for licensing purposes.
ATCP 12.02 Note
Note: A person may obtain an application form under sub. (3) by calling (608) 224-4889, by visiting the department website at
www.datcp.state.wi.us, or by writing to the following address:
ATCP 12.02 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 12.02(4)(a)(a) A person shall pay the following nonrefundable annual fee for a license under
sub. (1):
ATCP 12.02(4)(b)
(b) A person shall pay a license fee surcharge of $100 if the department determines that the person did any of the following within 365 days prior to submitting a license application under
sub. (3):
ATCP 12.02(4)(c)
(c) If a person is required to pay a surcharge under
par. (b), the person shall also pay any license fees that are due for the license year in which the animal market operator violated
sub. (1),
(2) (c) or
(d).
ATCP 12.02(4)(d)
(d) Payment of a surcharge under
par. (b) or fees under
par. (c) does not relieve an animal market operator of other civil or criminal liability that may result from a violation of
sub. (1),
(2) (c) or
(d), nor does it constitute evidence of a violation of
sub. (1),
(2) (c) or
(d).
ATCP 12.02(6)(a)(a) The department shall grant or deny a license application under
sub. (3) within 30 business days after all of the following have occurred:
ATCP 12.02(6)(a)3.
3. The department inspects the animal market, if an inspection is required under
par. (b).
ATCP 12.02(6)(b)
(b) Before issuing a class A animal market license under
sub. (2) (b) for premises that were not licensed during the preceding license year, the department shall inspect the animal market premises for compliance with this section. The department shall complete the inspection within 60 business days after the department receives a complete license application under
sub. (3).
ATCP 12.02(7)
(7) Denial, suspension or revocation of license. The department may deny, suspend or revoke an animal market license for cause, pursuant to s.
93.06 (7), Stats. Cause may include any of the following:
ATCP 12.02(7)(c)
(c) Violation of any provision of
ch. 951, Stats., prohibiting crimes against animals.
ATCP 12.02(7)(d)
(d) Preventing a department employee from performing his or her official duties, or interfering with the lawful performance of those duties.
ATCP 12.02(7)(e)
(e) Physically assaulting a department employee while the employee is performing his or her official duties.
ATCP 12.02(7)(f)
(f) Improper or unauthorized use of any official tag, brand or tattoo.
ATCP 12.02(7)(g)
(g) Refusal or failure, without just cause, to produce required records or respond to a department subpoena.
ATCP 12.02(8)
(8) Animal market operator; responsibilities. An animal market operator shall do all of the following:
ATCP 12.02(8)(b)
(b) Maintain the animal market premises in a clean and sanitary condition. The operator shall keep barns, pens, alleys and other animal holding areas in good repair, and shall disinfect the premises as needed and when ordered by the department.
