Rule-making notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule that consolidates, reorganizes, and clarifies current rules related to animal diseases and movement. This rule also changes current rules related to aquaculture, poultry disease monitoring, Johne's disease control, intrastate movement of sheep and goats, and fairs and exhibitions, and makes other technical changes to the rules.
DATCP will hold five public hearings at the times and places shown below. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Wednesday, March 22, for additional written comments. Comments may be sent to the Division of Animal Health at the address below or by e-mail to
hearingcommentsAH@datcp.state.wi.us.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4883 or emailing
Melissa.mace@datcp.state.wi.us. Copies will also be available at the hearings. To view the proposed rule online, go to:
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to
Keeley.Moll@datcp.state.wi.us or by telephone at (608) 224-5039.
Hearing-impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by October 22, 2004, by writing Melissa Mace, Division of Animal Health, 2811 Agriculture Drive, Madison, WI 53708-8911, telephone 608-224-4883. Alternatively, you may contact the DATCP TDD at 608-224-5058. Handicap access is available at the hearings.
Hearing Dates and Locations
Tuesday February 28, 2006
7 p.m. to 9 p.m.
Dept. of Natural Resources
West Central Region Headquarters
Room 158/185
1300 W. Clairemont Ave
Eau Claire, WI 54701
Wednesday, March 1, 2006
11 a.m. to 1 p.m.
University of Wisconsin Marathon County
Lecture Hall 180
518 South 7th Ave
Wausau, WI 54401
Wednesday, March 1, 2006
6 p.m. to 8 p.m.
Fox Valley Technical College
Room A161A
1825 North Bluemound Drive
Appleton, WI 54914
Monday, March 6, 2006
1 p.m. to 3 p.m. and 6 p.m. to 8 p.m.
Prairie Oak State Office Building
Board Room
2811 Agriculture Drive
Madison, WI 53708
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule consolidates, reorganizes and clarifies Wisconsin's current animal health and disease control rules, so that the rules will be easier to read and understand. This rule does not significantly alter the substance of the current rules, except that this rule:
Provides more cost-effective disease monitoring options for small poultry producers who cannot easily participate in the national poultry improvement plan.
Adopts federal standards for voluntary Johne's disease testing and herd management, and expands producer eligibility for reimbursement of testing and herd management costs (based on the availability of federal funding).
Requires official individual identification of sheep and goats sold or moved within this state, consistent with federal standards (slaughter animals are exempt, if neutered or under 12 months old). This change will facilitate exports of Wisconsin sheep and goats.
Strengthens and clarifies disease control standards related to fairs and livestock exhibitions, including organized swap meets, which can spread serious disease if not properly managed. This rule clarifies the responsibilities of exhibition organizers and exhibitors.
Coordinates animal health rules with Wisconsin's new livestock premises identification law. For example, certificates of veterinary inspection must include livestock premises identification numbers if any. This rule does not expand current premises registration requirements or sanctions.
Modifies current regulations related to fish farms, fish imports and fish health. This rule eliminates the requirement of an annual health certification for fish farms. This rule streamlines and clarifies current fish import requirements, and creates a $50 fee for a fish import permit. DATCP must approve a fish health certificate before a person imports fish, or introduces fish to waters of the state, based on that health certificate.
Updates the current list of reportable diseases (deletes 4 diseases).
Makes minor technical changes in current rules related to farm-raised deer.
Makes minor updates and technical changes to other rules, as necessary.
Statutory Authority
Statutory Authority: ss.
93.07 (1) and
(10),
95.18,
95.19,
95.197,
95.20,
95.22,
95.23,
95.25,
95.26,
95.27,
95.30,
95.32,
95.33,
95.35,
95.36,
95.37,
95.38,
95.41,
95.42,
95.43,
95.45,
95.46,
95.48,
95.49,
95.50,
95.51,
95.55,
95.57,
95.60,
95.65,
95.68,
95.69,
95.71,
95.715 and
95.72, Stats.
Statute Interpreted: s.
93.07 (10),
95.18,
95.19,
95.197,
95.20,
95.22,
95.23,
95.25,
95.26,
95.27,
95.30,
95.32,
95.33,
95.35,
95.36,
95.37,
95.38,
95.41,
95.42,
95.43,
95.45,
95.46,
95.48,
95.49,
95.50,
95.51,
95.55,
95.57,
95.60,
95.65,
95.68,
95.69,
95.71,
95.715 and
95.72, Stats.
DATCP has broad general authority to adopt rules interpreting statutes under its jurisdiction (
see s.
93.07 (1), Stats.). DATCP is specifically authorized to adopt rules to protect the health of animals in this state, and to prevent, control and eradicate communicable diseases among animals.
Background
The Wisconsin department of agriculture, trade and consumer protection (“DATCP") administers Wisconsin's animal health and disease control programs, including programs to control diseases affecting domestic animals, humans and wild animals. DATCP does the following things, among others:
Monitors for disease outbreaks.
Regulates the import, sale and movement of animals to prevent the spread of serious diseases.
Regulates animal identification and tracking, vaccination, disease testing, records and reporting.
Regulates animal-related businesses, including animal markets, animal dealers, animal truckers, farm-raised deer herds and fish farms.
Certifies the disease status of animal herds or flocks, to facilitate sale, movement and export of animals.
Conducts disease investigations, issues quarantines, condemns animals affected with serious contagious diseases, and pays indemnities to owners of certain condemned animals (as provided by statute).
