The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule revising Chapters
ATCP 10,
12, and
15, relating to animal health and disease control, and human officer training.
Hearing Information
DATCP will hold public hearings at the times and places shown below.
Date: Monday, December 12, 2011
Time: 11:00 A.M.-1:00 P.M.
Location: Wausau Public Library/Marathon County
Public Library
Wausau Room
300 North First St.
Wausau, WI 54403
Date: Monday, December 12, 2011
Time: 6:00 P.M.-8:00 P.M.
Location: Chippewa Valley Tech College
Room 112
620 W. Clairemont Ave.
Eau Claire, WI 54701
Date: Tuesday, December 13, 2011
Time: 3:00 P.M.-5:00 P.M.
Location: Fox Valley Technical College Public Library
DJ Bordini Center, Room 112A
5 Systems Drive
Appleton, WI 54912
Date: Tuesday, December 13, 2011
Time: 3:00 P.M.-5:00 P.M.
Location: Department of Agriculture, Trade and
Consumer Protection
First Floor Boardroom - Room 106
2811 Agriculture Drive
Madison, WI 53714
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by November 29, 2011, by writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, 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.
Appearances at the Hearing and Submittal of Written Comments
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 Tuesday,
January 3, 2012 for additional written comments. Comments may be sent to the Division of Animal Health at the address below, by email to
DATCPHearingCommentsAH@wisconsin.gov or online
http://AdminRules.Wisconsin.gov/.
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@wisconsin.gov or by telephone at (608) 224-5039.
Copies of Proposed Rule
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@wisconsin.gov. Copies will also be available at the hearings. To view the proposed rule online, go to:
http://AdminRules.Wisconsin.gov/.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule modifies current Wisconsin animal health and disease control rules administered by the Department of Agriculture, Trade and Consumer Protection (“DATCP"). Among other things, this rule:
•
Modifies current rules related to cattle, including rules related to voluntary Johne's disease testing and classification, tuberculosis import testing, and imports of cattle from states with tuberculosis positive herds.
•
Modifies current rules related to equine and equine infectious anemia testing and branding.
•
Modifies current rules related to imported poultry.
•
Modifies current rules related to farm-raised deer, including rules related to herd registration, hunting preserves, chronic wasting disease testing and the chronic wasting disease herd status program.
•
Modifies current rules related to fish farms and fish health, including rules related to fish farm registration, import permits and fish health certificate requirements.
•
Modifies enforcement of current rules by allowing a department waiver to rule requirements if reasonable and necessary. Statutory provisions cannot be waived.
•
Modifies current rules related to animal markets, dealers and truckers, including rules related to animal identification, record keeping requirements, and facility and vehicle requirements.
•
Modifies current rules related to humane officer training, including rules related to fees, training, and humane officer certification.
•
Makes minor drafting changes to update, clarify and correct current rules.
Statutes interpreted
Sections
93.07,
93.08,
93.21,
95.18,
95.19,
95.195,
95.197,
95.20,
95.21,
95.22,
95.23,
95.25,
95.26,
95.30,
95.45,
95.49,
95.50,
95.55,
95.57,
95.60,
95.65,
95.68,
95.69,
95.71,
95.715,
95.72,
173.05, and
173.27, Stats.
Statutory authority
Sections
93.07 (1),
(10),
(10m) and
(11),
93.08,
93.21 (5),
95.18,
95.19 (3),
95.195 (4),
95.197 (2),
95.20,
95.21 (2),
95.22 (2),
95.27 (8),
95.38 (3),
95.45 (4) (c) and
(5),
95.49 (1),
95.50 (4),
95.55 (1),
(3),
(5) and
(6),
95.57 (1),
95.60 (2),
(3),
(4),
(4s),
(5) and
(5m),
95.65 (2),
95.68 (2m),
(4) and
(8),
95.69 (2m),
(4) and
(8),
95.71 (5) and
(8),
95.715 (2) and
(3),
95.72 (5) and
173.27 (1) and
(3), Stats.
Explanation of agency authority
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.
Rule contents
Definitions and General Provisions
This rule makes the following additions and updates to the definitions used in ATCP 10:
•
Creates a definition for commercial swine clarifying that requirements of ATCP 10 apply to commercial swine and not to feral swine.
•
Updates the version of the Johne's Disease National Program Standards referenced by rule to the most recent publication date.
•
Clarifies that menagerie animals for purposes of this rule are animals kept as part of a collection of multiple different species.
•
Updates the version of the National Poultry Improvement Plan (NPIP) and auxiliary provisions referenced by rule to the most recent publication date.
•
Removes the prohibition on the use of a blood tuberculosis (BTB) test and allows other tuberculosis tests to be approved by the department. This rule does not authorize the use of a BTB test, but does open the door for rapid approval by the department if a viable BTB test is approved by the USDA.
The current rule allows the department to test an animal at the owner's expense if the animal is not imported or moved in accordance with law. This rule clarifies that the department may conduct testing or order testing be done, at the owner's expense. This rule also authorizes the department to order testing if the animal may have been exposed to a reportable disease listed in ATCP 10, Appendix A and Appendix B.
The current rule requires a certificate of veterinarian inspection (CVI) be issued on a form provided by the department. This rule allows the department to accept CVIs on forms that are approved, but not issued, by the department, facilitating the use of electronic CVIs that meet the department's informational needs but are not on forms issued by the department.
This rule also makes technical changes to the contents of a CVI and incorporates references to ATCP 16 as necessary to make the rule requirements clear and consistent.
This rule clarifies that an import permit issued by the department may be issued verbally and that the import permit number issued must be recorded on the official CVI.
This rule makes technical changes to the import application process and content to make the rule consistent with current practice.
Bovine
Current rules require that a Johne's disease-certified veterinarian renew certification every 3 years. This rule extends the certification period to 5 years, consistent with federal requirements.
Current rules allow for bovine animals to be imported into this state without pre-import tuberculosis testing as long as they are imported directly to a federally approved livestock import market. This rule removes this exemption to tuberculosis testing because there are no federally-approved livestock markets for tuberculosis.
Current rules require that bovine animals from an accredited tuberculosis-free state or nation, not normally required to be tested, test negative on a pre-import tuberculosis test if the state or nation has a confirmed tuberculosis positive herd. In the current rule, the pre-import test is required, until the herd is depopulated. This rule modifies that requirement so that bovine animals imported from an accredited tuberculosis-free state or nation, where there has been a confirmed tuberculosis-positive herd, must have a pre-import test until the positive herd is in compliance with state or federal herd plans and all quarantines on the herd have been released. This modification recognizes that herd owners may choose to remain under quarantine and test the animals, as determined necessary by the state and federal officials in compliance with the federal uniform methods and rules, rather than depopulate the herd.
Current rules exempt veal calves from a pre-import tuberculosis test if they comply with established criteria post import. This rule requires that imported veal calves obtain an import permit to qualify for the test exemption in order to ensure the importer understands the post-import requirements for veal calves that do not have a pre-import tuberculosis test.
Equine
The current rule states that no person may sell or transfer ownership of any equine animal without a negative equine infectious anemia (EIA) test. This rule clarifies that a purchaser of an equine animal shares responsibility for ensuring equine animals are tested negative for EIA prior to transfer of ownership.
The current rule allows for an equine animal that tested positive for EIA to be released from a quarantine once branded. This rule corrects the current rule by removing that provision. Branding does nothing to prevent disease spread.
Poultry
The current rule requires imported poultry or poultry eggs be accompanied by a certificate of veterinary inspection (CVI). This rule allows National Poultry Improvement Plan (NPIP) enrolled birds to move into Wisconsin without a CVI if they are accompanied by a federal bureau form VS 9-3. This modification makes our rules consistent with federal rules that allow for interstate movement of NPIP-enrolled poultry and poultry eggs with a valid VS 9-3 that documents the poultry and poultry eggs origination from a NPIP flock.
Farm-Raised Deer
Current rules do not require a registered farm-raised deer keeper to notify the department when going out of business. The lack of notification requires the department waste resources at renewal time, making contacts to verify that the farm-raised deer keeper is out of business and that all farm-raised deer were disposed of in accordance with the rules. This rule requires registered farm-raised deer keepers to notify the department if they go out of business. This notification must include information regarding the disposition of the farm-raised deer.
Current rules have two registration categories for farm-raised deer based solely on number of farm-raised deer kept. This rule adds an additional category of registration for non-commercial farm-raised deer keepers that have fewer than 15 farm-raised deer, that are not enrolled in the chronic wasting disease herd status program, and that do not move live deer from their farms other than directly to slaughter. This rule establishes a lower registration fee of $85.00 for these deer keepers.
Current rules require a farm-raised deer keeper to report to the department whenever a farm-raised deer in their herd escapes and when the deer is returned to the herd. This rule requires that the farm-raised deer keeper maintain a record of the escape and return dates in addition to filing a report with the department.
Current rules require farm-raised deer keepers to have a chronic wasting disease test performed on all farm-raised deer that die or are killed and are at least 16 months of age. Under this rule, only if the herd is enrolled in the chronic wasting disease herd status program, must all deer that die, are killed, or shipped to slaughter be tested. This rule reduces the requirement for testing of farm-raised deer that die or are killed only for farm-raised deer herds that are not enrolled in the chronic wasting disease herd status program. Testing in those herds is as follows:
•
All farm-raised deer that die by accidental death or natural causes.
•
Twenty-five percent of all farm-raised deer that are intentionally killed other than at a certified hunting preserve.
•
Fifty percent of all farm-raised deer that are killed on the premises of a certified hunting preserve.
Current rules prohibit the commingling of farm-raised deer and bovine animals under any circumstance. This rule allows them to be commingled as long as no live farm-raised deer or live bovine animals are moved off the premises, except to go directly to slaughter under a department-approved form. In practice this commingling is occurring and it would have a significant financial impact on these facilities to separate these animals. The current rule does not clearly indicate the reasons a hunting preserve certificate could be revoked. This rule clarifies that a hunting preserve certificate could be suspended or revoked for violations of laws governing hunting preserves.
The current rule does not clearly state that a veterinarian conducting a tuberculosis test on farm-raised deer must have initial training. It requires a veterinarian conducting single cervical tuberculosis tests be recertified every three years. Federal standards do not require veterinarians conducting single cervical tuberculosis tests to be recertified every three years. This rule clarifies that initial training is required for certification. The requirement to be recertified is removed in this rule.
This rule makes the following clarifications to the farm-raised deer rule:
•
For initial tuberculosis herd certification and maintenance of herd certification, the federal uniform methods and rules must be followed. For tuberculosis and brucellosis herd certification, the fee is $150 for three years of certification and may be prorated.
•
A farm-raised deer keeper must have an active farm-raised deer keeper registration with the department in order to be enrolled in the chronic wasting disease herd status program.
Under current rules all farm-raised deer over 12 months of age must bear official identification and be individually reported on the herd census for both initial and continued enrollment in the chronic wasting disease herd status program. Farm-raised deer under 12 months do not need to bear official identification or be individually reported on the herd census. This rule requires all farm-raised deer, regardless of age, to bear official identification and be individually reported on the initial herd census for enrollment.
Current rules require that all herds that are enrolled in the chronic wasting disease herd status program complete an initial herd census upon enrollment, and annually submit a complete herd census for continued enrollment. This rule attempts to make the requirements for the herd census clearer and less redundant. This rule makes the following substantive changes to the herd census report:
•
Current rule requires records of farm-raised deer escapes and returns but neglects to require documentation of escapees that were killed and not returned to the herd. This rule requires that farm-raised deer keepers' report, on their annual census, the date an escaped farm-raised deer was killed and the date the chronic wasting disease sample was submitted.
•
Current rule requires that the age of a farm-raised deer be recorded on the annual herd census for both initial and continued enrollment in the chronic wasting disease herd status program. This rule modifies that requirement to the farm-raised deer's month and year of birth.
Under the current rule a herd owner does not need to notify the department of the decision to discontinue enrollment in the CWD herd status program, causing staff to do unnecessary follow-up when an annual census is not received. This rule requires a farm-raised deer keeper that discontinues participation in the CWD herd status program to submit a final census to document the final disposition and number of farm-raised deer in the herd.
Current rules require participants to report to the department if they add to their herds any deer that originate from a herd with a lesser CWD herd status program status. This rule reduces some of this paperwork requirement. Under this rule no change in herd status would result as long as all farm-raised deer added to the herd originate from herds with at least five years status in a recognized CWD herd status program. After attaining five years in the CWD herd status program, or an equivalent out-of-state program, animals can move legally. It is inefficient and unnecessary to track specific status of a herd after five years. Any animals added to a herd with less than five years CWD herd monitoring status will continue to result in the lowering of the receiving herd's status to the lowest status of the added animals.
Under current rules a veterinarian is required to apply official identification, if not already present, to any farm-raised deer tested for specified diseases, including CWD. This rule clarifies that veterinarians are required to officially identify a farm-raised deer when they test farm-raised deer, as well as when they are collecting test samples.
Fish Farms
Current rules require fish farmers to record the livestock premises registration, if any, of the source premises and destination premises of any fish or fish eggs shipped from, or to, the fish farm. This rule removes the requirement. This requirement is considered unnecessary because all registered fish farms in the state have a premises registration number which the department has in its records.
The definition of a fish farm under current rules has proven to be cumbersome and difficult to interpret. This rule seeks to clarify the definition by specifying the purpose for which the fish are held. Additionally, the rule more clearly defines what is considered a wild source, both in this state and in other states.
Under current rules, fish farm records, health certificates and import permits must identify all fish and fish eggs on the farm or in the shipment of fish, as applicable, without exception. This standard has proven unworkable. Individual shipments of fish, and fish farms themselves may have trace amounts of live fish or fish eggs that are not intended to be on the fish farm, or in the shipment, and are nearly impossible to detect or remove. This rule recognizes that difficulty and requires that fish farm records, health certificates and import permits list all the species that are intended to be in the shipment or kept at the fish farm. A species of fish in the shipment or on the fish farm that is not a listed species is considered to be incidentally or unknowingly included in the shipment or located on the fish farm.
Current rules require that any means used to render water pathogen-free be approved by the department. This rule removes the requirement for department approval. Water treatment methods to disinfect for pathogens are currently not standardized.
Under current rules some activities are exempt from the requirement to have a fish farm registration. This rule creates the following additional exemptions from the fish farm registration requirement:
•
Educational facilities that hold or rear live fish or fish eggs as long they are in fully enclosed buildings for the remainder of their lives, and all of the following apply:
Live fish or fish eggs are not commingled with fish intended for other purposes.
