DATCP Docket No. 17-R-02 Hearing Draft Rule
Clearinghouse Rule No. September 20, 2018
PROPOSED ORDER
OF THE STATE OF WISCONSIN DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
ADOPTING RULES
____________________________________________________________________________
The Wisconsin department of agriculture, trade and consumer protection proposes the following permanent rule to repeal ATCP 10.20 (1) (b), 10.20 (2) (b), 10.21 (2) (b) 5, 10.22 (10), 10.31 (2) (a) 3., 10.36 (4) (a) and (b) and Note, and (e) and Note, 10.40 (1) (a) 1. and 2., 10.40 (1) (c) Note, 10.40 (1) (d) (intro.), 10.40 (1) (d) 2. Note and (g), 10.40 (2) (e), 10.40 (3) (c), 10.40 (4) (b) 3. and (d), 10.40 (5), 10.40 (7) (b) 2 Note, 10.40 (8), 10.41 (4), 10.45 (2) (c), 10.46 (1m), 10.46 (7) (a) 1. c. Note, 10.47 (4m) Note, 10.53 (4) (b) 1. and 2., 10.53 (7) (a) 4., 10.53 (7) (b) Note, 10.54 (1) (d) and (e), 10.55 (3) (d) Note, 10.56 (3) (d) 2. Note, 10.56 (4) (c) and Note, 10.73 (3) Note, 10.87 (1) (c) 1. and 2., 10.90, 12.05 (1) (a) Note, 12.05 (1) (b) 2. Note, 12.05 (2) (b) 2. first Note; to renumber ATCP 10.20 (1) (a), 10.20 (2) (a), 10.52 (7); to renumber and amend ATCP 10.01 (5), 10.31 (1) (a), 10.56 (1), 10.89 (2) (title) (intro.) and (a) to (c) and (4) (title) (intro.) and 12.01 (1g); to consolidate, renumber and amend ATCP 10.40 (2) (a) and (b) (intro.), 10.40 (3) (a) and (b) (intro.); to amend ATCP 10.01 (60) to (62), (90), and (105) (d) and Note, 10.03 (3), 10.04 (1) (title), 10.04 (1) (e), 10.05 (1) (intro.) and (2) (a) 3., 10.055 (3) Note, 10.06 (1) (b) Note and (c) 10., 10.06 (3) (a) Note, (4) (a), and (6) (a), (b) and (c) Note, 10.07 (4) (a) 1., 10.08 (2) (b) Note, (r) Note, and (s) Note, 10.21 (2) (a) (intro.) and 1., 10.22 (1) (b) 1., 10.22 (6) (c) (intro.) and (d) (intro.), 10.26 (4), 10.291 (title), and (1) (intro.), 10.291 (2) (intro.) and (a) 2., 10.291 (2) (c) Note, 10.291 (3), (4) (a) and (5), 10.30 (1) (a) 3. and (b) 3., 10.30 (2) (b) 3., 10.31 (1) (intro.), 10.31 (1) (b), 10.32 (2) (title), (a) and (b), 10.35 (1) (b) 3. and 4., 10.36 (4) (intro.), 10.36 (5) (b) (intro.), 10.40 (title) and (1) (title), (intro.) and (a), 10.40 (1) (b) and (c), 10.40 (1) (d) 1., 10.40 (2) (b) 4. Note, 10.40 (2) (c) (intro.), 10.40 (7) (a) and (b) (intro.) and 1., 10.41 (1), 10.41 (5) (a) and (d) 1., 10.41 (7), 10.42 (1) (a) 1. and 2., 10.46 (1) (a), (d) and (f), 10.46 (2) (c) Note, (3), (4) (b) (intro.) and 1. and (c), 10.46 (5) (a), (b) 2. (intro.) and a., (c) 1., (d), and (e), 10.46 (6) (intro.), (e) and (f), 10.46 (7) (a) 1. (intro.) and b., 10.46 (7) (a) 2. and 3., 10.46 (7) (b), (c) and (d), 10.46 (10) (a) 1. and 6., (am) 1., (b) 6. Note, and (c) 2., 10.46 (11) (c) and (d) 1., 10.46 (12) (d) and Note, (13) (b) and (14) (b), 10.47 (2) (a) and (b), (3) (b) 5., (4) (intro.) and (4m), 10.47 (8) (a), 10.51 (2) (c), 10.52 (1m) (a) 2. and (b) 3., 10.52 (2), 10.52 (3) (c) (intro), 1. and 1m. and 2. a. and b. and (d), 10.52 (4) (b), 10.52 (7m) and (8) (a) 3., 10.53 (1) Note, 10.53 (2) (d) 4. and (f), 10.53 (4) (a) and (b) (intro.), 10.53 (4) (g) Note and (h), 10.53 (5) (a) 4. and (b) 2., 10.53 (5m) (b) Note, 10.53 (7) (a) 4., 10.53 (8) (d) Note, 10.53 (11) (c) 1., 10.54 (1) (am) and (c) (intro.), 10.54 (2) (a) and (b) (intro.), 10.55 (1) Note, and (3) (d), 10.55 (3) (e) 1., 10.56 (1) (a) 2. (intro.) and 3., 10.56 (2) (c) and (3) (b), 10.56 (4) (b), 10.61 (5m) (b) and (c), 10.61 (6) (intro.), 10.61 (6m) (b) 6. and 7., 10.61 (7) (f), 10.61 (10) (a) 5., (c) 5., and (13) (b), 10.62 (1) (a) 3., (2) (e) and Note, 10.63 (1) (b) and Note, 10.64 (1) and Note, and (3) (a), 10.645 (intro.) and (2) Note, 10.65 (1), 10.65 (4) (a) (intro.), and 4. and (b) (intro.), 3. and Note, and (c) (intro.), 2. and Note, and (d) 3. Note (intro.), 10.655 (1) (intro.), 10.68 (2) and (2m), 10.73 (2) to (3), 10.76 (2) (b), (c) (intro.) and (d), 10.80 (3) (a) and (b), 10.82 (3) (a) Note and (b), 10.84 (4) (b) 4., 10.86 (3) (b), 10.87 (1) (a) and (c), 10.87 (2) (b) 2., 3. and 5., 10.89 (3), 10.91 (2), 10.92 (3), (4), (5) (intro.) and (b), (11), and (13), Ch. ATCP 12 second Note, 12.01 (25), 12.02 (8) (g), 12.02 (11) (c), 12.03 (2) (d), 12.04 (9) (a), 12.05 (1) (b) 1., 12.05 (2) (a) and (b), 12.05 (5) (a) and (b), 12.06 (1m) (f) and (h), 12.06 (2), 12.08 (4), (5) (intro.) and (b), (6), (8) and (26); to repeal and recreate ATCP 10.11, 10.13, 10.28, 10.40 (1) (d) 2., 10.42 (1) (b), 10.46 (11) (d) 2., 10.48, 10.50, 10.58, 10.61 (7) (b), Ch. ATCP 10, Appendices A and B; and to create ATCP 10.01 (30m), (112m), 10.025, 10.03 (7), 10.04 (1) (am), 10.045 (3), 10.052, 10.055 (5) and (6), 10.07 (4) (a) 5. and (bn), 10.07 (5), 10.14 (2) (a) 3., 10.21 (2) (c) Note, 10.291 (2) (a) 3., 10.31 (1) (a) 1. and 2., 10.31 (3) (c) Note, 10.32 (2) (b) 3., 10.40 (2) (b), 10.40 (3) (b), 10.46 (1) (g), 10.46 (4m), 10.46 (7) (ab), (ac) and (ad), 10.46 (10) (cm), 10.46 (11) (e) and (f), 10.46 (12) (a) 3., 10.47 (8) (c), 10.49 (3) (a) 3., 10.52 (1m) (c) and (d), 10.52 (7) (b), 10.53 (7) (a) 8., 10.53 (7) (c) and Note, 10.53 (8) (d), 10.54 (3), 10.56 (1) and Note, 10.56 (1) (d) Note, 10.56 (3) (e), 10.56 (4) (c) and Note, 10.61 (6) (d) Note, 10.74 (3) (a) 3., 10.80 (1) (d) to (f) and Note, 10.80 (2m) and (2n), 10.87 (1) (d), 10.89 (1) (a) 3. and (2) (b) and (4) (b), ATCP 10.92 (19), (20), and Note, 12.01 (14), 12.02 (8) (k), (L), and (m), 12.03 (9) (j) and (k), 12.06 (1m) (j) and (k), 12.08 (28), relating to animal disease movement and animal markets, dealers and truckers, and affecting small businesses. ______________________________________________________________________________
Analysis Prepared by the Department
of Agriculture, Trade and Consumer Protection
Wis. Admin. Code ch. ATCP 10 specifies requirements relating to animal diseases and movement. Wis. Admin. Code ch. ATCP 12 specifies requirements for animal truckers, markets, and dealers. For the most part, this proposed rule package will modify current animal health rules to provide for clarity and consistency. The proposed rule will also require farm-raised deer herds to be enclosed by enhanced fencing and will ban movement of any farm-raised deer located in a county designated by the Department of Natural Resources as being affected by chronic wasting disease unless that deer is moved directly to a slaughter establishment, other herds within CWD affected counties, or out of state.
Statutes Interpreted
Statutes interpreted: Wis. Stat. §§ 93.06, 93.07, 93.15, 95.20, 95.22, 95.38, 95.42, 95.43, 95.45, 95.55, 95.57, 95.60, 95.68, 95.69, 95.71 and 95.715. Statutory Authority
Statutory authority: Wis. Stat. §§ 93.06 (1f), (1n), and (1p), 93.07 (1), (2) and (10), 93.15 (1) to (3), 95.20, 95.22 (1) and (2), 95.38 (3), 95.42, 95.43 (1) and (2), 95.45 (4) (c), and (5), 95.55 (2), (3) and (6), 95.57 (1) and (2), 95.60 (3), (4) (c), (4s), (5), and (5m), 95.68 (2m) and (8), 95.69 (2m) and (8), 95.71 (8), and 95.715 (2), and (3). Explanation of Statutory Authority
The Department of Agriculture, Trade and Consumer Protection (DATCP) has broad authority to promulgate rules for the proper enforcement of its programs under Wis. Stat. §§ 93.07 (1) and (10).
DATCP has broad authority under Wis. Stat. § 95.20 to prohibit and/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. DATCP has specific rulemaking authority on reporting animal diseases under Wis. Stat. § 95.22 (2), certificates of veterinary inspection under Wis. Stat. § 95.45 (4) (c), regulation of the farm-raised deer industry under Wis. Stat. § 95.55 (6), regulation of fish farms under Wis. Stat. § 95.60 (3) and (4s), regulation of animal markets under Wis. Stat. § 95.68 (8), regulation of animal dealers under Wis. Stat. § 95.69 (8), regulation of animal truckers under Wis. Stat. § 95.71 (8), and regulation of feed lots under Wis. Stat. § 95.715 (2) (d). DATCP makes and enforces these rules through its Division of Animal Health (Division). Related Statutes and Rules
The Department of Natural Resources (DNR) has statutes and rules that are closely related to some of the program areas in DATCP. Wis. Admin. Code § NR 16.45 establishes fencing requirements and harvest plan requirements for keepers of farm-raised deer that are white-tailed deer. Wis. Stat. § 29.87 establishes guidelines by which the DNR may dispose of escaped farm-raised deer. Wis. Stat. § 29.735 establishes requirements for importation of fish other than health requirements, and Wis. Stat. § 29.736 establishes requirements for the stocking of fish into waters of the state, other than health requirements. Plain Language Analysis
Wis. Admin. Code ch. ATCP 10 specifies requirements relating to animal diseases and movement, and Wis. Admin. Code ch. ATCP 12 specifies requirements for animal truckers, markets and dealers. This proposed rule makes the following modifications: Definitions
Some definitions have been updated to reflect appropriate terminology.
County or counties affected by chronic wasting disease. The proposed rule creates this definition as any county designated by the department of natural resources as being affected by chronic wasting disease
Equine infectious anemia test (EIA). The current rule requires the EIA test to be conducted in a laboratory approved by the department or the federal bureau. The proposed rule requires an EIA test to be conducted in a laboratory approved by the department and the federal bureau.
Feed lot. The proposed rule creates this definition as a facility at which feeder cattle are assembled for feeding prior to slaughter.
Farm-raised deer keeper. The proposed rule adds “Farm-raised deer keeper” to the current definition of “Keeper of farm-raised deer” as both terms are used throughout Wis. Admin. Code ch. ATCP 10.
Livestock. The proposed rule clarifies that the term applies to South American camelids (llama, alpaca, vicuna, and guanaco) and not all camelids.
Slaughtering establishment. The current rule specifies that a slaughtering establishment must be licensed by the department or subject to inspection by the USDA, which is not accurate. The proposed rule specifies that a facility must be both licensed and inspected and the licensing and inspection may be by either by the department or USDA. The proposed definition also encompasses an approved intermediate livestock handling facility if the latter is affiliated with a slaughtering establishment.
Tuberculosis test. The current rule specifies the tests that may be used for Tuberculosis. The proposed rule specifies that a post axillary Tuberculosis test may be used for all camelids (not just South American camelids) but not for exotic ruminants.
