Register July 2012 No. 679
Chapter ATCP 12
ANIMAL MARKETS, DEALERS AND TRUCKERS
Animal transport vehicles.
Identification of livestock.
Handling downer animals.
Ch. ATCP 12 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Chapter Ag 12 as it existed on December 31, 1990 was repealed and a new ch.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
As used in this chapter:
"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.
"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.
"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.
"Bovine animal" means domestic cattle (Bos sp.) or American bison of any age or sex.
"Buying station" means premises which are open to the public to receive livestock for direct shipment to slaughter.
"Chronic wasting disease registration tag" means an eartag, used to identify a cervid, which includes all the following:
"Commingle" means to cause or permit any of the following:
Unprotected contact with the same facilities, equipment, individuals or environment contacted by other animals, under circumstances where that unprotected contact may spread disease.
"Communicable" means transmissible either directly or indirectly.
"Contagious" means spread by contact, body secretions, or fomites.
"Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
"Diseased" means afflicted with a contagious, infectious, or communicable disease.
"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.
"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.
"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:
Non-spayed female that is not parturient or post-parturient.
"Feeder swine" means swine that weigh 80 pounds or less and are kept for the sole purpose of feeding prior to slaughter.
"Fomite" means an inanimate object or substance which serves to transfer infectious organisms from one animal to another.
"Keep farm-raised deer" means to own, rent, lease or serve as the custodian of farm-raised deer.
"Keeper of farm-raised deer" means a person who keeps farm-raised deer.
"Livestock" means farm animals including bovine animals, sheep, goats, swine other than wild hogs, farm-raised deer, and equine animals.
"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.
"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.
"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:
A registration freeze brand number that uniquely identifies the animal.
The official breed registration lip tattoo number of an equine animal that uniquely identifies the equine animal.
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:
A complete and accurate description of the equine animal's breed, coloration and distinguishing markings.
The leg band number of a ratite which uniquely identifies that ratite.
A poultry leg band or wing band bearing a number that uniquely identifies a bird.
For a swine weighing 80 pounds or less, the premises identification of the premises of origin.
A chronic wasting disease status program registration tag, provided that the farm-raised deer also has a unique individual identification number.
A premises tattoo for a farm-raised deer, provided the farm-raised deer also has a unique individual identification number.
A unique premises identification issued by the department, provided that the animal also bears a unique individual identification number.
"Pen" means any enclosure confining animals to a specific area and may include stanchion or tie stalls.
"Person" means an individual, corporation, partnership, association, limited liability company, trust, governmental entity, or other organization or entity.
"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
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
"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.
"Swine" means a domestic hog or any variety of wild hog.
ATCP 12.01 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.
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.
(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:
A person may apply for a Class A, Class B or Class E animal market license.