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Modifies current rules related to animal markets, dealers and truckers, including rules related to animal identification, record keeping requirements, and facility and vehicle requirements.
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Modifies current rules related to humane officer training, including rules related to fees, training, and humane officer certification.
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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.
Water used to hold the fish is not discharged to waters of the state, unless it is treated.
All of the dead fish and offal from the building are disposed of by rendering, composting, municipal solid waste disposal, or other approved methods.
•
Temporary public fishing events if they meet the following criteria:
No fish leave the event live, unless returning to the farm of origin or going directly to slaughter.
Fish are held in a self-contained enclosure.
Fish are not commingled with fish from another source.
Water used to hold the fish is not discharged to waters of the state, unless it is treated.
The event lasts no more than 15 days.
•
Holding or rearing live fish solely for the purpose of sale as pet fish for personal home aquaria, provided that they are not commingled with fish or fish eggs that will be used for other purposes, and the facility does not discharge to waters of the state any untreated water used to hold or process those fish or fish eggs.
This rule authorizes a holder of a type 1, 2, or 3 fish farm to sell fish from a location other than the registered fish farm directly to consumers, provided that the registered fish farm operator does the following:
•
No fish leave the event live, except to return to the farm of origin or directly to slaughter.
•
Fish are held in a self-contained enclosure.
•
Fish are not commingled with fish from any other source.
•
Water used to hold the fish is not discharged to waters of the state, unless it is treated.
•
The fish farm operator keeps records for 5 years on the direct sale of the live fish or fish eggs including address of sale location, species and quantity delivered to the location, sold at the location, taken to slaughter and returned to the fish farm of origin.
This rule creates a process to amend a registration during the registration year, without requiring a new application for a fish farm registration. The amendment can add or remove ponds, change registration type or combine previously separated fish farms operated by the same legal entity on the same or contiguous parcels. This process:
Does not exempt the fish farmer from paying any applicable fees when changing fish farm type.
•
Does not exempt the fish farmer from meeting current requirements to change from a type 3 to type 2 fish farm.
Current rules require medical separation if two fish farms are registered separately on the same premises, regardless of type. Currently, a fish health certificate is required for any movement of fish or fish eggs between those fish farms. This rule requires a fish health certificate only for species the federal bureau has found to be susceptible to viral hemorrhagic septicemia and only if the fish or fish eggs are leaving a type 3 fish farm. Under this rule, medical separation is required only when one of the farms is a type 3 fish farm.
Current rules require a fish health certificate on fish or fish eggs moved between fish farms in this state or from a fish farm to any other location in this state including waters of this state. This rule removes the requirements for a fish health certificate for fish or fish eggs moved between fish farms in this state or to other locations in this state (except into waters of the state), unless the species of fish or fish eggs has been found to be susceptible to viral hemorrhagic septicemia (VHS) and the fish or fish eggs are coming from a type 3 fish farm. Fish health certificate requirements for fish or fish eggs moved into waters of the state remain unchanged.
This rule makes the following changes to fish import permit requirements:
•
Changes the fish import permit to expiration on the next December 31, rather than a year from issuance.
•
Allows a single import permit to be valid for imports from multiple sources. Additional sources cannot be added after issuance of the import permit. If sources of fish are being added, an additional import permit must be obtained. Current rules require an annual import permit for each source.
•
Clarifies that every import shipment must be covered by a valid fish health certificate and an import permit.
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Expands exemptions to the requirement for a fish import permit to include educational facilities that meet established criteria.
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Creates an exemption to the requirement for a fish import permit for bait imported for personal use. The exemption is limited to 600 fish or fish eggs in the shipment, and limited to species not susceptible to VHS.
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Removes the requirement that an import permit application list fish or fish egg recipients. Requires this information be kept by the person required to hold the import permit.
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Clarifies that records kept by the importer on the destination of the imported fish must be made available to the department upon request.
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Removes the requirement that fish health certificates be submitted with the import permit application. All fish health certificates must be kept in the import permit holder records, a copy must accompany the import shipment, and a copy of the fish health certificate is required to be supplied to the department when it is issued by a fish health inspector.
