Rule-Making Notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(DATCP Docket # 13-R-01)
NOTICE IS HEREBY GIVEN THAT the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) will hold public hearings on a proposed rule to revise Chapters
ATCP 10 and
12, relating to animal health and movement and animal markets, truckers, and dealers.
Hearing Information
Date: Monday, September 9, 2013
Time: 6:00 p.m. to 7:00 p.m.
Location: Pinery Room
Portage County Public Library-Stevens Point
1001 Main Street
Stevens Point, WI 54481-2860
Date: Tuesday, September 10, 2013
Time: 5:00 p.m. to 6:00 p.m.
Location: Board Room (1st Floor)
Department of Agriculture, Trade and
Consumer Protection
2811 Agriculture Drive
Madison, WI 53718-6777
Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by August 30, 2013, by writing to Loretta Slauson, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911; or by emailing
loretta.slauson@wisconsin.gov; or by telephone at (608) 224-4890. Alternatively, you may contact the DATCP TDD at (608) 224-5058. The hearing facility is handicap accessible.
Appearances at the Hearings, Copies of Proposed Rule, 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
September 24, 2013, for additional written comments. Comments may be sent to the Division of Agricultural Resource Management at the address below, or to
loretta.slauson@wisconsin.gov, or to
http://adminrules.wisconsin.gov.
You can obtain a free copy of this hearing draft rule and related documents including the economic impact analysis by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4890 or by emailing
loretta.slauson@wisconsin.gov. Copies will also be available at the hearing. To view the hearing draft rule online, go to:
http://adminrules.wisconsin.gov.
Comments or concerns relating to small business may also be addressed to DATCP's small business regulatory coordinator, Keeley Moll, at the address above, or by email to
keeley.moll@wisconsin.gov, or by telephone at (608) 224-5039.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This proposed rule will modify current animal health rules to align with federal regulations, state statutory requirements, and previous rule modifications. The proposed rule will also make various modifications to provide for flexibility, clarity, and consistency.
Statutes interpreted
Statutes interpreted: ss.
93.07,
95.197,
95.20,
95.22,
95.31,
95.45,
95.55,
95.57,
95.60,
95.65,
95.68,
95.69, and
95.71, Stats.
Statutory authority
Statutory authority: ss.
93.07 (1) and
(10),
95.197,
95.20,
95.22,
95.45 (4) (c),
95.55 (6),
95.60 (3) and
(4s),
95.68 (8),
95.69 (8), and
95.71 (8), Stats.
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 s.
93.07 (1) and
(10), Stats.
DATCP 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.
DATCP has specific rulemaking authority on certificates of veterinary inspection under s.
95.45 (4) (c), Stats., regulation of the farm-raised deer industry under s.
95.55 (6), Stats., and regulation of fish farms under s.
95.60 (3) and
(4s), Stats.
Related statutes and rules
The Department of Natural Resources has statutes and rules that are closely related to some of the program areas in DATCP. Section
NR 16.45, Wisconsin Administrative Code, establishes fencing requirements and harvest plan requirements for keepers of farm-raised deer that are white-tailed deer. Section
29.87, Stats., establishes guidelines by which the Department of Natural Resources may dispose of escaped farm-raised deer. Section
29.735, Stats., establishes requirements for importation of fish other than health requirements and section
29.736, Stats. establishes requirements for the stocking of fish into waters of the state, other than health requirements.
Plain language analysis
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.
