Federal regulations
Many of the programs regulated by state administrative rules are also regulated by federal rules. As federal rules change over time, state rules must also be modified so Wisconsin producers have consistent, non-conflicting requirements to comply with when moving livestock interstate. This rule modifies provisions relating to documentation required for horses and to official individual identification of certain animals to align with federal traceability rules. The rule also modifies provisions relating to the chronic wasting disease (CWD) herd status program to align with United States Department of Agriculture (USDA) rules that establish a Herd Certification Program (HCP) for CWD in farm-raised or captive cervids in the United States.
DOCUMENTATION REQUIRED FOR HORSES MOVING INTERSTATE
Current rule allows horses to be imported without a certificate of veterinary inspection (CVI) if the horse is not commingled with other horses and goes to slaughter within 10 days after arrival at an animal market. Federal regulations no longer allow for this CVI exemption. Therefore, this rule will eliminate this CVI exemption for horses to be consistent with federal regulations.
Official individual identification of animals
Current rule allows bovine animals to be officially identified with eartags approved by the federal bureau or the department, registration numbers, or tattoos. Federal rules now only allow official eartags to be used as official identification. The official eartags must adhere to the National Uniform Eartagging System, the Animal Identification Number System, or other identification system approved by the federal bureau and the department. In addition, federal rules now require the following bovine animals to have official identification: all sexually intact cattle/bison over 18 months of age, all female dairy cattle of any age, all male dairy cattle born after March 11, 2013, and cattle/bison used for shows and exhibitions. The proposed rule modifies the definition of “official individual identification" and “official eartag" when applied to bovine animals to align with federal traceability requirements.
Current rule allows farm-raised deer enrolled in the CWD herd status program to be officially identified with a CWD status program registration tag or a premises tattoo provided the farm-raised deer also has a unique individual identification number. Federal rules now only allow official eartags to be used as official identification of these deer. The official eartags must adhere to the National Uniform Eartagging System, the Animal Identification Number System, or other identification system approved by the federal bureau and the department. The proposed rule modifies the definition of “official individual identification" and “official eartag" as applied to farm-raised deer to align with federal traceability requirements.
The current rule definition of “official individual identification," as it pertains to other animals, is unclear. The proposed rule modifies the definition of official individual identification for clarity when the term is applied to other animals.
Farm-raised deer enrolled in the CWD herd status program
Current rule requires a farm-raised deer keeper (FRDK) whose herd is enrolled in the CWD herd status program to conduct an annual herd census and file a report of that herd census with the department. To comply with new federal requirements under
9 CFR 55.23 (b) (4), the proposed rule requires that a physical herd inventory be completed by a herd veterinarian or department-authorized agent before a FRDK may enroll in the CWD herd status program. Similar physical herd inventories must be completed every three years thereafter to maintain enrollment. For FRDKs currently enrolled in the CWD herd status program, the proposed rule requires the first complete herd inventory to be submitted to the department by December 31, 2015, providing reasonable time to comply.
Current rule requires deer enrolled in the CWD herd status program to have one official identification. To comply with new federal requirements under
9 CFR 55.25 that became effective December 10, 2012, the proposed rule requires that two identifications (one official and the second either official or unique to the herd) be attached to farm-raised deer that are enrolled in the CWD herd status program. The proposed rule also requires the two identifications be recorded in the annual census report, as well as the physical herd inventory conducted every three years.
Current rule specifies that a farm-raised deer is CWD test-eligible if it is at least 16 months old, unless a different age is required under USDA rules. USDA rules, under
9 CFR 55.23 (b) (4), now requires herd owners enrolled in a CWD herd certification program to test deer aged 12 months or older for CWD upon death, including by slaughter or hunt (effective 12/10/12). The proposed rule clarifies that the age of test-eligible deer enrolled in the CWD herd status program is 12 months of age or older in accordance with USDA regulations.
State statutory modifications
All of the programs regulated by state administrative rules are authorized by Wisconsin Statutes. As statutory modifications are made, state rules must also be modified to be in compliance with Wisconsin Statutes. To be in compliance with state statutes, the proposed rule modifies provisions relating to:
1.
Establishing veteran fee waivers for farm-raised deer and fish farm registration (pursuant to
2011 Wisconsin Act 209).
2.
Eliminating certain record keeping requirements for persons who operate a fish farm but sell fish to an individual for the individual's personal use as food or bait (pursuant to
2011 Wisconsin Act 207).
3. Eliminating the requirement that a person have an import permit when bringing fish or fish eggs from a fish farm in another state to a fish farm in this state if he or she has a valid fish health certificate that covers the fish or fish eggs (pursuant to Wisconsin Act 207).
4.
Eliminating the DNR exemption from the requirement to obtain a permit from the department to bring fish into this state (pursuant to
2011 Wisconsin Act 207).
Flexibility, clarity, and consistency
The proposed rule makes the following modifications to provide for flexibility, clarity and consistency:
1.
Definitions and terms.
Replacing the term “American association of zoological parks and aquariums" with “association of zoos and aquariums," the current title of the entity.
Changing the definition of “feeder cattle" in ch.
ATCP 10 to be consistent with the definition of feeder cattle in ch.
ATCP 12.
Modifying the definition of “individual" for clarity.
Creating the definition of “immediate family member" to clarify what individuals are eligible to collect a CWD test sample once properly trained.
Creating a definition of “salvage value" to clarify that payment received from any source, other than state or federal indemnifications, are considered part of the salvage value of an animal.
Defining the new term “new world camelids" to allow vicunas to be classified as, and have the same import requirements as, llamas, alpacas, and guanacos, rather than classified as an exotic ruminant with additional import requirements.
2. Blanket import permit.
Creating a blanket import permit system to be used when the department is not open for business. An accredited veterinarian or a Wisconsin importer who anticipates a possible purchase of an animal from an out-of-state farm or sale at a time the department is not open for business may apply for a blanket import permit, by providing some specifics, and following up with the details on the first business day.
3. Johne's program.
Clarifying that reimbursements under the Johne's program are made only when funds are available. Funds for the Johne's program are eliminated in the 2013-15 biennial budget.
4. Bovine.
Eliminating the requirement that official individual identification of bovine animals be inserted in the right ear of the animal.
5. Swine.
Eliminating the requirement that a certificate of veterinary inspection (CVI) include a statement that no pseudorabies vaccine has been used on a swine imported into Wisconsin. In the alternative, the proposed rule requires that a statement disclosing the porcine reproductive and respiratory syndrome status (PRRS) of the herd of origin, if known, be included on the CVI of an imported swine. This change was made in consultation with the swine industry which felt the genetics of the hogs bred in Wisconsin were in need of protection from the disease of PRRS.
6. Equine.
Changing the timing of the required negative equine infectious anemia (EIA) test result from “during the current calendar year" to “within 12 months" of the purchase, sale transfer or import of the equine into this state. This will make Wisconsin's EIA testing intervals consistent with other states, facilitating interstate movement.
7. Poultry.
Eliminating the turkey commingling prohibitions to benefit small poultry farmers.
8. Farm-raised deer.
Eliminating a provision on deer moving to a tuberculosis isolation and testing facility as such facilities no longer exist.
Requiring that FRDKs include in their records the circumstances which resulted in an escape consistent with the information reported to the department whenever a farm-raised deer escapes a registered herd. Whatever is reported to the department must be recorded in herd records.
Requiring that FRDKs keep a record of where a carcass is buried or otherwise disposed of, consistent with record keeping requirements for deer killed on a hunting preserve.
Clarifying that all farm-raised deer that are killed intentionally, including escaped deer, must be tested for CWD if they are test-eligible.
Eliminating the requirement that the livestock premises code be included in the herd records of farm-raised deer added to a herd under the CWD herd status program.
Establishing training requirements for FRDKs, their immediate family members, and their employees to be qualified to collect CWD test samples. The proposed rule also establishes a fee for becoming a qualified CWD test sample collector.
Clarifying that official individual identification numbers be included on a certificate of veterinary inspection for farm-raised deer imported or moving in Wisconsin.
9. Fish.
Clarifying when a valid fish health certificate must accompany any fish and fish eggs moved from a fish farm that has registered two or more fish farms at a single location. Current rules require a valid health certificate accompany any fish or fish eggs moved between any of the registered fish farms. The proposed rule will require a valid health certificate accompany only fish or fish eggs of a species found to be susceptible to VHS, moving from a type 3 fish farm.
Eliminating the record keeping requirements for sales of farm-raised fish or fish eggs sold directly to a consumer for bait or food.
The current rule requires a person who diagnoses, or obtains, credible diagnostic evidence of a disease listed in Appendix A report that finding to the department within one day. The proposed rule removes Mycoplasma meleagridis from Appendix A and adds it to Appendix B which requires the listed diseases to be reported to the department within 10 days.
11. Animal markets, dealers and truckers.
Clarifying that Class A animal markets may conduct livestock and wild animal sales and auctions on any number of days during the license year.
Clarifying that Class B animal markets may conduct livestock sales on any number of days during the license year but may hold auctions on no more than 4 days during the license year.
Clarifying that any person, as principal or agent, engaged in the business of animal dealing must hold an animal dealer license. This language aligns the rule with Wisconsin Statutes.
Clarifying the language regarding the identification of bovine animals for sale or shipment to slaughter.
Clarifying, in a note, that if an animal dealer or trucker hauls bovine animals or swine direct to slaughter or to a slaughter sale held at a licensed market, an official backtag is adequate identification for the animal.
Clarifying that for animal trucker records, the individual backtags do not need to be recorded for animals being moved from a licensed dealer or market direct to slaughter. Also, clarifying that the owner of each animal must be included in animal trucker records.
Standards incorporated by reference
Pursuant to s.
227.21, Stats., DATCP has requested permission from the attorney general to incorporate the following standard by reference in this rule:
United States Department of Agriculture, Animal Plant Health and Inspection Service
•
Veterinary Services Memorandum No. 578.12, “National Uniform Eartagging Systems." (March 15, 2011).
This primary standard was adopted by the United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA-APHIS).
Copies of this standard will be on file with DATCP and the legislative reference bureau.
Waivers
DATCP may waive any provision of ch.
ATCP 10, Wis. Admin. Code, if the department finds that the waiver is reasonable and necessary, is consistent with the objectives of ch.
ATCP 10, Wis. Admin. Code, and will not conflict with state law. The state veterinarian must issue the waiver in writing. DATCP may not waive a statutory requirement.
Summary of, and comparison with, existing or proposed federal statutes and regulations
The United States Department of Agriculture (USDA) administers federal regulations related to the interstate movement of animals, particularly with respect to certain major diseases. States regulate intrastate movement and imports into the state.
Federal CWD Herd Certification Program (“HCP") requirements include individual animal ID's, regular inventories, and testing of all cervids over 12 months that die for any reason. Interstate movement of cervids will be dependent on a state's participation in the program, maintaining compliance with program requirements, and having achieved herd certification status.
Federal traceability requirements establish minimum national official identification and documentation for the traceability of livestock moving interstate. These regulations specify approved forms of official identification and documentation for each species.
The proposed rules will align state rules relating to CWD and identification requirements for traceability with approaches used by the federal government. These changes will allow for the continued interstate movement of farm-raised deer and other livestock.
Comparison with rules in adjacent states
Surrounding state animal health programs are comparable to those in Wisconsin. Programs for historically important diseases, such as tuberculosis, brucellosis, and CWD, in other Midwest states are similar to Wisconsin as all are based on well-established federal standards.
States may apply to become an Approved State HCP if they meet (or exceed) national program requirements. Cervid owners can enroll and participate in their Approved State CWD HCP. Interstate movement of animals is dependent on a state's participation in the program, maintaining compliance with program requirements, and having achieved herd certification status. Wisconsin and Minnesota have approved CWD HCPs by the federal USDA, Animal and Plant Health Inspection Service (“APHIS"). Illinois, Iowa, and Michigan have conditional approval. Therefore, all are implementing the federal requirements and thus are similar to Wisconsin rules.
To meet federal CWD HCP requirements for farm-raised deer to move interstate, a state program must meet approved forms of official identification. Minnesota, Illinois, Iowa, and Michigan have applied for their programs to be accepted as meeting the federal traceability identification requirements in order to move livestock interstate. Therefore, all are implementing the federal requirements and those state rules should be similar to Wisconsin's.
Summary of factual data and analytical methodologies
This proposed rule does not depend on any complex analysis of data. This proposed rule makes minor, technical changes, as well as changes to comply with USDA regulations relating to traceability, and the CWD herd certification program, in order to facilitate Wisconsin livestock in interstate commerce.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
The majority of these proposed rule changes are to align Wisconsin Administrative Code with federal regulations, state statutory requirements and previous rule modifications.
The most significant rule changes (and fiscal impact) relate to farm-raised deer keepers enrolled in the Wisconsin CWD herd status program. Division of Animal Health staff met with a group of farm-raised deer keepers and their lobbyists in August 2012 to discuss the new federal requirements and how the rule would be updated to reflect the new federal regulations. Many of the small business fiscal effects were inferred from that meeting as well as discussions with individual FRDKs.
Effect on Small Business
The majority of these rule modifications are technical and have no fiscal effect or have already been implemented by the division due to prior changes in state law. Many of the rule modifications will ease program requirements and may reduce costs to small business. The rule modifications that may have a greater economic impact on small business are changes required to align with federal USDA regulations relating to farm-raised deer enrolled in the CWD herd status program.
The entities that may be affected by this rule modification include the following:
1.
Wisconsin importers.
Vicunas. The import requirements for vicunas will be less costly and those reduced costs may be realized by the recipient of the vicuna. However, the number of vicunas imported into the state of Wisconsin is negligible and cost savings indeterminate.
Swine. The import costs for swine will most likely remain the same as the CVI content requirement for swine imports has replaced the pseudorabies vaccine statement with a statement regarding PRRS status of the herd of origin.
2. Poultry farmers.
Small poultry farmers have benefited from the elimination of the turkey commingling prohibitions in the proposed rule. The department has already issued a waiver from this rule prohibition so any cost savings from this rule modification have already been realized.
