○ A state or federal veterinarian accompanies the reactor as it is shipped to slaughter, or the reactor is shipped to slaughter in a vehicle sealed by the Department or the federal bureau. If the animal is shipped in a sealed vehicle, the seal may only be removed by the Department or the federal bureau.
“FARM-RAISED DEER” AND OTHER CERVIDAE
Persons Keeping “Farm-Raised Deer;” Registration
Under 1995 Wis. Act 79, persons keeping “farm-raised deer” in this state must register with the Department. This rule implements the new registration requirement.
This rule, like 1995 Wis. Act 79, defines “farm-raised deer” to include farm-raised fallow deer, caribou, reindeer, sambar, sunda sambar, Philippine sambar, visayan deer, barasingha, Schomburgk's deer, thamin or brow antlered deer, sika deer, Thorold's deer, red deer, wapiti and elk. “Farm-raised deer” do not include north american moose, white-tail deer or mule deer.
Under this rule, a person who “keeps farm-raised deer” must obtain a registration certificate from the Department. This includes any person who owns, rents, leases or serves as the custodian of “farm-raised deer.” A registration application must identify both the owner and the custodian of the “farm-raised deer.” Thus, if the owner and custodian are different persons, they need only complete one registration between them.
Under this rule, a person keeping “farm-raised deer” at more than one location may do either of the following:
○ Obtain a separate registration certificate, and pay a separate registration fee, for each location. A keeper may not move “farm-raised deer” between separately-registered locations without an interstate health certificate or certificate of veterinary inspection, unless the deer are exempt under current exemptions to the requirements for intra-state movement. If disease is detected at one location, animals at other locations will not be considered part of the same herd, and will not be treated as exposed animals unless a traceback shows that suspect or reactor animals have actually moved between the locations.
○ Register multiple locations under one registration certificate, and pay only one registration fee. If a keeper registers multiple locations under one registration, the keeper may freely move “farm-raised deer” between those locations without an interstate health certificate or certificate of veterinary inspection. But if disease is detected at one location, all of the “farm-raised deer” at all of the locations are automatically considered to be part of a single exposed herd.
A registration certificate expires on December 31 annually; however, there is no requirement for annual renewal after December 31, 1998.
This rule establishes an annual registration fee of $50 for persons who keep 15 or fewer “farm-raised deer,” and $100 for persons who keep more than 15 “farm-raised deer.” If the Department certifies a herd as an accredited tuberculosis-free herd, the keeper of that herd must register but is not required to pay a fee. The annual registration fee does not apply after December 31, 1998.
To register with the Department, a keeper of “farm-raised deer” must submit a registration application on a form provided by the Department. The application must include all of the following information:
○ The name, address and telephone number of the owner of the “farm-raised deer.”
○ The name, address and telephone number of the custodian of the “farm-raised deer,” if the custodian is anyone other than the owner.
○ The location at which the “farm-raised deer” will be kept, including the county, township, section and fire number assigned to the location.
○ The number of “farm-raised deer” being kept.
○ The species, age and sex of the “farm-raised deer” being kept. Age may be specified as fawn, yearling or adult.
○ If the herd is certified by the Department as an accredited tuberculosis-free herd, the accreditation number assigned to the herd.
Under this rule, the Department must grant or deny a registration application within 30 days after the Department receives a complete application. The Department may deny, suspend or revoke a registration for cause, including any of the following:
○ Violations of applicable requirements under ch. 95, Stats. (animal health), or chs. ATCP 10-12, Wis. Adm. Code.
○ Preventing a Department employe from performing his or her official duties, or interfering with the lawful performance of his or her duties.
○ Physically assaulting a Department employe while the employe is performing his or her official duties.
○ Refusing or failing, without just cause, to produce records or respond to a Department subpoena.
○ Paying a registration fee with a worthless check.
Under this rule, a person who keeps “farm-raised deer” must keep a record of all of the following, and must retain that record for at least 2 years:
○ The name and address of each person from whom that keeper purchases or receives “farm-raised deer.”
○ The name and address of each person to whom the keeper sells or delivers “farm-raised deer.”
○ The official identification of every “farm-raised deer” which the keeper purchases, receives, sells or delivers.
○ The date on which the keeper receives or delivers each “farm-raised deer.”
○ The location at which the keeper receives each “farm-raised deer,” or to which the keeper delivers each “farm-raised deer.”
A person keeping “farm-raised deer” must make these records available to the Department for inspection and copying by the Department upon request.
“Farm-Raised Deer” and Other Cervidae; Disease Control
Current rules spell out tuberculosis testing requirements, import requirements, intrastate movement requirements and herd certification requirements related to tuberculosis in “cervidae.” In the current rules, “cervidae” are defined as members of the family of animals which includes deer, elk, moose, caribou, reindeer and the sub-family musk deer.
The current definition of “cervidae” is different from the new statutory definition of “farm-raised deer.” This rule amends the definition of “cervidae” to include all “farm-raised deer.” Rules which currently apply to cervidae will also apply to “farm-raised deer” except where this rule creates a specific exemption for “farm-raised deer.”
Under this rule, whenever a veterinarian issues an interstate health certificate or certificate of veterinary inspection for farm-raised deer shipped from a location in this state, the certificate must include the registration number of the person who is registered to keep those deer at that location.
Cervidae; Tuberculosis Testing
This rule requires the owner or custodian of a cervid to restrain the cervid for tuberculosis testing by one of the following means:
○ Providing animal handling facilities that will safely restrain the cervid and protect the safety of the person conducting the test. The rule spells out minimum standards for animal handling facilities.
○ Adequately tranquilizing the cervid to permit safe testing. The tranquilizer must be administered at the owner's expense. Department staff will not administer the tranquilizer. A person authorized to conduct a TB test may determine that a cervid is not adequately tranquilized, and may require additional tranquilization before conducting the test.
○ Transporting the cervid, under a permit issued by the Department, directly to an approved isolation and testing facility. Once a cervid is transported to an approved isolation and testing facility, it may not be removed until it tests negative for bovine tuberculosis and the owner or custodian obtains an interstate health certificate or certificate of veterinary inspection. If the cervid tests positive on the bovine tuberculosis test, it may not be moved except to slaughter.
Tuberculosis Reactors; Identification and Slaughter
Under current state rules, a cervid classified as a tuberculosis reactor must be branded on the left jaw with the letter “T” unless it is shipped directly to slaughter in a vehicle that is sealed by the Department. Under this rule, a reactor must be branded on the hip (not the jaw), near the tailhead, with the letter “T.” A reactor need not be branded if all of the following apply:
○ Its left ear is spray painted yellow and tattooed with the letters “TB.”
○ A state or federal veterinarian accompanies the reactor as it is shipped to slaughter, or the reactor is shipped to slaughter in a vehicle sealed by the Department or the federal bureau. If the animal is shipped in a sealed vehicle, the seal may only be removed by the Department or the federal bureau.
Livestock Markets, Dealers and Truckers
Under ch. 95, Stats., and current rules, livestock market operators, dealers and truckers must be licensed by the Department, and must comply with Department rules. Pursuant to 1995 Wis. Act 79, this rule defines “livestock” to include “farm-raised deer.”
Under this rule, a person who handles “farm raised deer” as a market operator, dealer or trucker must be licensed as a livestock market operator, dealer or trucker, and must comply with Department rules related to livestock markets, dealers and truckers. Among other things, a livestock market operator, dealer or trucker must record the receipt and disposition of all “farm-raised deer” handled by that market operator, dealer or trucker.
Identifying Cervidae and “Farm-Raised Deer”
Under this rule, a veterinarian who does any of the following to a cervid must identify that cervid with an official eartag unless the cervid already bears an official individual identification:
○ Vaccinates, identifies or tests a cervid in order to complete an interstate health certificate, certificate of veterinary inspection, or other official document or certification related to that cervid.
○ Tests a cervid for certain diseases specified in this rule.
Under this rule, a person keeping “farm-raised deer” in this state must identify, with an official eartag, each “farm-raised deer” which that person receives from or delivers to another person.
Under this rule, livestock markets and dealers receiving “farm raised deer” must identify the deer with official eartags unless the deer already bear official individual identification or are backtagged for slaughter. No livestock dealer or market operator may deliver a farm-raised deer to another person unless that deer bears an official individual identification, or unless that deer is backtagged and shipped directly to slaughter.
This rule also requires livestock markets, dealers, truckers and slaughter establishments to backtag all “farm-raised deer” which they receive for slaughter, or for sale or shipment to slaughter. Persons receiving “farm-raised deer” for slaughter, or for sale or shipment to slaughter, must record the receipt and disposition of those “farm-raised deer.”
ANIMAL HEALTH QUARANTINES
This rule clarifies the Department's authority to issue animal health quarantines. Current rules provide that the Department may issue quarantines to “control” contagious, infectious or communicable diseases of domestic animals. This rule clarifies that the Department may issue quarantines to prevent, suppress, control or eradicate contagious, infectious or communicable diseases which may affect domestic or exotic animals in this state, or to prevent animals from being moved or commingled pending further testing, diagnosis or traceback related to suspected disease.
POULTRY DISEASE REPORTING
Under current rules, a veterinarian or diagnostic laboratory must report to the Department whenever the veterinarian or laboratory diagnoses or finds evidence of certain animal diseases. Reportable poultry diseases currently include avian influenza, mycoplasma gallisepticum, pullorum, salmonellosis, and any disease that is foreign or exotic to Wisconsin. This rule adds the following diseases to the current list of poultry diseases that must be reported to the Department:
○ Avian infectious encephalomyelitis
○ Infectious laryngotracheitis
○ Ornithosis (psittacosis)
○ Paramyxovirus infections of poultry other than Newcastle Disease
○ Viscerotropic velogenic Newcastle Disease.
By requiring that these diseases be reported, the Department will comply with export certification requirements negotiated between the federal bureau and the Russian Federation. This will permit Wisconsin poultry meat producers to continue exporting poultry meat to Russia.
Fiscal Estimate
The complete fiscal note is available on request.
For purposes of this fiscal estimate, it is estimated that 150 herds consisting of 6,400 farm-raised deer (elk, reindeer, sika, fallow and red deer) exist in Wisconsin.
Revenue:
Per s. 95.55 (3), Stats., the Department shall specify the fee for registration of keepers of farm-raised deer. This proposal would establish an annual registration fee of $50 for 15 or fewer farm-raised deer or $100 for more than 15 farm-raised deer. These fees are applicable for the period June 1, 1996, through December 31, 1998. Any keeper licensed with the Department of Natural Resources for 1996 as of June 1, 1996 would be exempt from the fee for 1996. Any keeper whose farm-raised deer have been certified as an accredited tuberculosis-free herd as of January 1 of the year registering would also be exempt from the fee. It is estimated that 50% of the farm-raised deer herds consist of 15 or fewer farm-raised deer. Annualized revenue for the period 1995-96 through 1997-98 is estimated at $10,900. Revenues from farm-raised deer registrations will be used to administer the farm-raised deer program within the Division of Animal Health.
Expenses associated specifically with the rule follow:
Administrative expense will be incurred by the Department with registering farm-raised deer keepers as proposed in the rule, verifying registration numbers on incoming health certificates, issuing permits for cervidae to move directly to isolation and testing facilities and employing quarantine authority to address inadequate animal handling facilities in Department tuberculosis testing situations. Investigatory and enforcement expenses, such as investigating unregistered farm-raised deer owners, owners/keepers not testing their animals per 1995 Wis. Act 79 and livestock trucker, dealer and market activities related to farm-raised deer, will be incurred. Also, it is anticipated that the inclusion of the USDA regulations related to accompaniment to slaughter versus branding will be chosen by owners of bovine and cervidae animals, thus increasing Departmental expense.
Expenses associated with the implementation of a farm-raised deer program not specifically addressed in the rule, but resulting from statutory requirements in 1995 Wis. Act 79 follow:
The nonstatutory provisions of Act 79, requiring all keepers of farm-raised deer to test their farm-raised deer for tuberculosis, will result in increased expenses for the Department for follow-up testing performed by the Department, recording test report data and training and approving veterinarians to apply the tuberculin test to cervidae.
There will be additional expenses associated with administering the farm-raised deer program. Staff support time will be required to provide technical and educational assistance to the public by providing information and responding to questions on various aspects of the program and on statutory requirements related to deer in general and farm-raised deer in particular. Other administrative functions will include maintaining records for animal disease control purposes and liaison activities with organizations interested in farm-raised deer and cervidae agriculture.
Annualized expenses for the period 1995-96 through 1997-98 are estimated at $28,500. Expenses will drop significantly to approximately $12,200 a year beginning in 1998-1999 after the annual registration and required testing by keepers of farm-raised deer ceases.
Initial Regulatory Flexibility Analysis
General Overview
This proposed rule establishes the policies and procedures whereby the Department of Agriculture, Trade and Consumer Protection will implement 1995 Wis. Act 79 which transferred the primary authority for regulating “farm-raised deer” from the Department of Natural Resources to the Department of Agriculture, Trade and Consumer Protection. The rule incorporates recently adopted USDA regulations related to branding and shipping to slaughter cervidae and bovine animals defined as tuberculosis suspects or reactors. The rule also includes provisions responding to the recently-reached agreement with USDA/APHIS and its Russian counterparts regarding the export of poultry meat to the Russian Federation.
This proposed rule will affect small businesses in Wisconsin. It includes provisions which relate to small businesses engaged in farming specific genera of the family Cervidae defined as “farm-raised deer”, cervidae in general and bovine animals, the practice of veterinary medicine and livestock trucking, livestock dealing and operating a livestock market.
Farm-Raised Deer
The statute requires that any person who keeps farm-raised deer must be registered with the Department. This proposed rule defines keeping farm-raised deer as owning, renting, leasing or serving as the custodian of farm-raised deer. For those keeping farm-raised deer, the rule proposes an annual registration fee of $50 for persons keeping 15 or fewer farm-raised deer and $100 for persons keeping more than 15 farm-raised deer. If the Department has certified the herd as an accredited tuberculosis-free herd, the keeper is required to register, but the fee is waived. After December 31, 1998, no fee will be charged to any keeper, but all persons becoming keepers of farm-raised deer must register. In registering, keepers of farm-raised deer will need to complete a form providing owner and custodian name and address and herd information.
The rule provides options to keepers of farm-raised deer who have multiple locations. They may register as one entity and pay one fee or they may register each location separately, paying multiple fees. Registering as one entity will allow free movement of cervidae between the locations, but the Department will view the multiple locations as one premises for disease traceback and control purposes.
The rule requires keepers of farm-raised deer to maintain records for two years relating to all farm-raised deer purchased or received, sold or delivered, including the names and addresses of the parties involved, the official identification of the farm-raised deer, and the date and location of each transaction.
About 150 farms scattered across Wisconsin will be affected by the farm-raised deer requirements in this rule. These farms are presently being licensed by the Department of Natural Resources, by completing an annual license application form, paying an annual $100 fee and submitting quarterly reports on sales, purchases and transfers. Under the Department of Agriculture, Trade and Consumer Protection, registration fees for farms with fewer than 15 deer will decrease, from $100 to $50 annually. The effect on small business in the future will be a further reduction in costs as the annual registration requirement and fee both sunset. While this rule requires the keeper of farm-raised deer to maintain records of transactions, this requirement is less burdensome to the keepers than the DNR requirement of quarterly reporting.
Cervidae
The statute requires owners of animals subject to bovine tuberculosis testing to provide animal handling facilities to ensure the safety of the animal being tested and the persons performing the testing. This proposed rule requires the owner or custodian of cervidae to restrain the cervidae for tuberculosis testing by:
1) Providing a cervidae handling facility which meets the minimum standards as outlined in the rule;
2) Tranquilizing sufficiently to ensure safe testing of the animal and to protect the person conducting the test; or
3) Utilizing a private isolation and testing facility, where the testing can be conducted, including transporting the animal to the facility.
