Chapter ATCP 12
ANIMAL MARKETS, DEALERS AND TRUCKERS
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 12.07 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Note: Chapter Ag 12 as it existed on December 31, 1990 was repealed and a new ch.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(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(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(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(3)
(3) "Commingle" means to cause or permit any of the following:
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(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(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(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.
