Clearinghouse Rule No. December 22, 2016
PROPOSED ORDER
OF THE STATE OF WISCONSIN DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
ADOPTING RULES
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The Wisconsin department of agriculture, trade and consumer protection proposes the following permanent rule to repeal ATCP 10.30 (1) (a) 3m.; to renumber and amend ATCP 10.32 (1) (intro.) and (a) and (b), 10.32 (2) (intro.) and (a) to (e); to amend ATCP 10.30 (1) (b) 2., 10.30 (2) (b) 2. and 3., and 10.30 (2) (d); to repeal and recreate ATCP 10.30 (1) (a) 3.; and to create ATCP 10.291, 10.30 (2) (b) 3. (Note), 10.30 (2) (b) 5., and 10.32 (2), relating to swine animal disease control.
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Analysis Prepared by the Department
of Agriculture, Trade and Consumer Protection
This proposed rule establishes testing requirements for commercial swine imported into or moving within Wisconsin in order to control the spread of the porcine reproductive and respiratory syndrome (PRRS) and porcine epidemic diarrhea virus (PEDv).
Statutes Interpreted
Statutory Authority
Explanation of Statutory Authority
The Department of Agriculture, Trade and Consumer Protection (“department”) has broad authority to promulgate rules for the proper enforcement of its programs under s. 93.07 (1) and (10), Stats.
The department has broad authority under s. 95.20, Stats., to prohibit or regulate the importing of animals into this state or the movement of animals if there are reasonable grounds to believe it is necessary to prevent the introduction or spread of disease in this state. The department has specific rulemaking authority on reporting animal diseases under s. 95.22 (2) and certificates of veterinary inspection under s. 95.45 (4) (c), Stats. The department makes and enforces these rules, through its division of animal health (“division”). Related Statutes and Rules
None.
Plain Language Analysis
The proposed rule establishes testing requirements for commercial swine imported into or moving within Wisconsin in order to control the spread of the porcine reproductive and respiratory syndrome (PRRS) and porcine epidemic diarrhea virus (PEDv), as follows:
Swine imported to Wisconsin
Current rule requires, with some exceptions, that swine imported to Wisconsin be accompanied by a valid certificate of veterinary inspection (CVI). Sometimes an import permit is also required. One of those exceptions includes commercial swine imported directly to a federally approved livestock marketing facility. The proposed rule no longer allows for that particular exception from getting a CVI or import permit unless all the swine on the market premises the day of the sale are shipped directly to slaughter.
Current rule requires CVIs to include a statement disclosing the PRRS and PEDv status of an imported swine’s herd of origin, if known. The proposed rule replaces the statement with the following requirements:
• For breeding swine, both of the following:
1. A report of a negative PRRS and PED test from the swine’s herd of origin conducted within 90 days prior to movement into Wisconsin.
2. A statement from the veterinarian that there are no clinical signs of PRRS and PEDv at the time of inspection.
• For commercial swine purchased or obtained from a commingled auction, sale, or exhibition, all of the following:
1. A report of a negative PRRS and PEDv test from the swine’s herd of origin conducted within 90 days prior to movement into Wisconsin.
2. A statement from the event’s veterinarian that all the swine commingled at the auction, sale, or exhibition had a negative PRRS and PEDv test from their respective herds of origin conducted within 90 days prior to movement to the auction, sale, or exhibition.
3. A statement from the event’s veterinarian that there are no clinical signs of the PRRS and PEDv at the time of inspection.
• For commercial swine imported directly to a federally approved livestock marketing facility for purposes other than slaughter, all of the following:
1. A report of a negative PRRS and PEDv test from the swine’s herd of origin conducted within 90 days prior to movement into Wisconsin.
2. A statement from the marketing facility’s veterinarian that there are no clinical signs of the PRRS and PEDv at the time of inspection.
• For all other commercial swine, a statement from the veterinarian stating that the PRRS and PEDv status of the herd of origin is negative.
Except for commercial swine imported to an approved livestock marketing facility for purposes other than slaughter, commercial and breeder swine that do not meet the above requirements may be transported to Wisconsin if the person importing them obtains an import permit from the department. The department will quarantine the swine upon arrival until a herd plan is approved by the department. An approved livestock marketing facility may not accept swine that do not meet the disease testing requirements.
The above PRRS and PEDv import requirements do not apply to:
• Swine imported directly to a slaughtering establishment for slaughter.
• Commercial swine imported directly to a veterinary facility for treatment, provided that the swine is returned to its state of origin immediately following treatment and there is no change of ownership.
• Commercial swine returning directly to its place of origin in this state following treatment in a veterinary facility outside this state, provided that the swine was shipped directly to the veterinary facility and there was no change of ownership.
Swine moving in Wisconsin
The proposed rule establishes new requirements for moving commercial swine within the state.
No person may move commercial swine intrastate unless the herd of origin has tested negative on a PRRS and PEDv test conducted not more than 90 days prior to movement and documentation of the negative test reports are made available to the department upon request.
If the swine’s herd of origin tests positive for PRRS or PEDv, the department will quarantine the herd of origin until a herd plan is developed and approved.
If commercial exhibition swine originate from Wisconsin and return to Wisconsin after an exhibition in another state, the exhibitor must notify the department of the movement. The department will quarantine the swine, herd of origin, or both until a herd plan is developed and approved. This provision is not applicable if all the swine at the exhibition are from negative herds.
These new intrastate movement requirements do not apply to either of the following:
• Swine moved directly to a slaughtering establishment for slaughter.
• Swine moved to one fair or exhibition prior to being shipped directly to slaughter.
Herd plans
The goal of the herd plan is to bring the herd to negative PRRS and PEDv status and limit the spread of the disease. The herd plan must:
• Be written by a Wisconsin certified, accredited, licensed veterinarian on behalf of the importer.
• Establish testing protocols relating to PRRS and PEDv, as appropriate.
• Establish notification requirements of at risk farms.
• Establish biosecurity requirements.
• Be broken down into separate production categories that need to be managed.
• Be approved by the department.
The department will provide sample herd plans to assist veterinarians in herd plan development.
