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).
Serves as the state clearinghouse for certificates of veterinary inspection and other health certificates issued in connection with the import or movement of animals.
Responds to disease emergencies and bio-security threats.
Coordinates animal health programs with the United States department of agriculture, animal and plant health inspection service (“federal bureau").
DATCP has adopted extensive rules, under chs.
ATCP 10 and
11, Wis. Adm. Code, related to animal disease and movement. These rules provide the foundation for Wisconsin animal disease control programs. This rule consolidates, reorganizes and clarifies the current 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 as noted below. This rule does
not change current rules related to animal markets, dealers, or truckers (ch.
ATCP 12, Wis. Adm. Code), except that this rule makes minor technical changes to those rules.
Key Rule Changes
Rule Reorganization
This rule consolidates current rules contained in chs.
ATCP 10 (animal diseases) and ATCP 11 (animal movement) into a single new ch.
ATCP 10 (animal diseases and movement). The new rule is organized by animal species. This will make it much easier for affected persons to find and understand the rules that apply to them. The redraft simplifies and clarifies current rules, eliminates redundant material, and improves internal consistency. This rule does
not change the substance of the current rules, except as provided below.
New Options for Poultry Producers
This rule provides new, more cost-effective, disease monitoring options for small poultry producers. Current rules restrict the sale or movement of poultry or eggs for breeding, hatching or exhibition unless producers are enrolled in the national poultry improvement program. But the national program is designed mainly for large poultry operations, and may not be cost-effective for small operations. This rule provides more cost-effective alternatives for small producers. These voluntary alternatives may result in more disease monitoring and market access by small producers.
Under this rule, a flock owner who is not enrolled in the national poultry improvement program may nevertheless sell or move poultry for breeding, hatching or exhibition if the flock is enrolled as a Wisconsin tested flock or
Wisconsin associate flock. A flock may be enrolled as a Wisconsin tested flock if the flock owner tests annually for pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum. A flock may be enrolled as a Wisconsin associate flock if it consists entirely of birds obtained from a Wisconsin tested flock. There is no charge to enroll in either program. DATCP will issue certificates that flock owners can use to document enrollment.
State-Federal Consistency
This rule coordinates state disease testing and certification programs with federal programs, to ensure consistent state and federal standards where possible. These technical changes will eliminate conflicting regulatory requirements, and will have no adverse impact on Wisconsin producers. The technical changes will facilitate disease control and animal movement, and will have no adverse impact on disease control.
Johne's Disease; Voluntary Testing and Herd Management
Johne's disease is a serious and widespread disease that affects Wisconsin's dairy and cattle industries. The disease also affects goats. Wisconsin has a voluntary program for Johne's disease herd testing, herd classification and herd management. This rule changes the Wisconsin program, so that it will be consistent with federal program standards. This will help ensure the continued availability of federal funds.
Based on the availability of federal funds, this rule expands producer eligibility for reimbursement of costs related to voluntary Johne's disease testing and herd management. Under current state rules, a producer may claim reimbursement of testing costs only, and then only if the producer participates in the Johne's disease herd classification program. Under this rule, producers may also claim reimbursement of costs for herd risk assessments, herd management plans and herd vaccination.
A producer is eligible for cost reimbursement under this rule, regardless of whether the producer participates in Wisconsin's herd classification program for Johne's disease. Participation in the herd classification program is voluntary, but may facilitate sales of cattle under current state law. Under this rule, a producer who chooses to participate in the herd classification program must have a herd risk assessment and management plan (per federal standards).
This rule simplifies current standards for Johne's disease sample collection and testing (per federal standards), and gives participating producers more testing and management options. These changes may encourage more voluntary testing and herd management. This rule preserves the confidentiality of Johne's disease herd records, per current law.
Johne's Disease Reactors
Under current rules, an animal that tests positive for Johne's disease must be permanently identified as Johne's positive. This rule removes that requirement. The federal program does not require reactor identification, nor do a majority of other states.
Johne's Disease; Certified Veterinarians
Under this rule, DATCP may reimburse producers for Johne's disease herd risk assessments, herd management plans and vaccinations, but only if the work is done by veterinarians who complete training provided by DATCP.
Sheep and Goats; Identification
This rule 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.
Fairs and Exhibitions; Disease Control
This rule strengthens and clarifies disease control standards related to fairs and exhibitions, including organized swap meets, which can spread serious diseases. This rule clarifies the responsibilities of exhibition organizers and exhibitors.
Under this rule, a “fair" means a state, county or district fair. An “exhibition" means an organized fair, swap meet, rodeo, trail ride, show or other organized event at which animals owned by different persons are brought together from different premises and exhibited on the same premises. An “exhibition" does not include any of the following:
An animal market or animal dealer premises (animal markets and dealers are currently regulated under ch.
ATCP 12).
An exhibition operated by an institution accredited by the American association of zoological parks and aquariums.
A wild animal exhibition operated pursuant to a permit from the Wisconsin department of natural resources.
Under this rule, a person who exhibits an animal at a fair or exhibition must do all of the following:
Comply with current applicable requirements related to the movement and exhibition of animals (disease testing, etc.). This rule does not change current requirements.
Provide all of the following to the organizer of the fair or exhibition:
The exhibitor's name and address.
Identification of the animals exhibited, including number, type and description.
Documentation to show compliance with applicable animal health requirements related to animals shown at fairs or exhibitions (this rule does not change current requirements).
The livestock premises code, if any, of the premises from which the animals originate.
Under this rule, the organizer of a fair or exhibition must do all of the following:
Take reasonable steps to ensure that exhibitors comply with their disease control obligations (see above).
Review and keep copies of exhibitor information (see above). The organizer must keep copies for at least 5 years, and must make them available to the department for inspection and copying upon request.
Appoint a licensed veterinarian to do all of the following on behalf of the organizer, if the fair or exhibition lasts for more than 24 hours:
Conduct a daily inspection of the exhibited animals.
Review exhibitor information (see above).
Livestock Premises Codes
This rule coordinates animal health rules with Wisconsin's new livestock premises identification law. For example, certificates of veterinary inspection must include livestock premises codes, if any. This rule does not expand current premises registration requirements or sanctions.
Certificates of Veterinary Inspection
This rule updates and standardizes current requirements related to certificates of veterinary inspection. Under this rule:
All certificates are valid for 30 days (90-day validity for animals imported to fairs or exhibitions is eliminated).
Certificates must include livestock premises codes,
if any.
A certificate must include relevant herd certification numbers, if the certificate represents an animal originates from a certified disease-free herd.
Fish Farms; Annual Health Certificate
Under current rules, fish farms in this state must file an annual health certificate with DATCP. A veterinarian or qualified inspector must issue the certificate, based on an inspection of the fish farm. This rule eliminates the annual health certificate requirement, which will save an average of $200 per year for each fish farm operator.
Fish Imports
This rule modifies current requirements related to live fish imports to this state. Under current rules and this rule, a DATCP import permit is required (there are limited exceptions). DATCP must grant or deny an import permit within 30 days after DATCP receives a complete application.
Under current rules, an import permit expires on December 31 of the year in which it is issued. Under this rule, an import permit expires one year from the date on which it is issued, unless DATCP specifies an earlier expiration date in the import permit. Under current rules, there is no fee for a fish import permit. This rule sets a fee of $50 per import permit.
Under current rules, a health certificate issued by a qualified fish health inspector must accompany every import shipment. Under this rule, the health certificate must also be included with the import permit application. DATCP must approve the health certificate before it issues the import permit. DATCP may set an import permit expiration date that conforms to the expiration date of the health certificate.
Under current rules and this rule, a health certificate must be based on one of the following:
An inspection of the fish farm from which the import shipment originates. Under this rule, this type of health certificate expires one year after it is issued (unless DATCP specifies an earlier expiration date). The health certificate must include the name and address of the fish farm operator, the name and address of the fish farm, and the fish farm's livestock premises code if any.
An inspection of the import shipment itself. Under this rule, this type of health certificate expires 30 days after it is issued (unless DATCP extends the expiration date). The health certificate must describe the source and contents of the inspected shipment.
