ATCP 10.02(3) (3) Farm-raised game birds, except farm-raised game birds that have been released to the wild.
ATCP 10.02(4) (4) Ratites.
ATCP 10.02(5) (5) Farm-raised fish, except fish that have been released to waters of the state.
ATCP 10.02(6) (6) Foxes, fitch, nutria, marten, fisher, mink, chinchilla, rabbit, or caracul that are born, bred, and raised in captivity and are not endangered or threatened species.
ATCP 10.02(7) (7) Pet birds.
ATCP 10.02(8) (8) Animals of any species that has been domesticated by humans.
ATCP 10.02 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.
ATCP 10.03 ATCP 10.03Disease reporting.
ATCP 10.03(1) (1) A person who diagnoses or obtains credible diagnostic evidence of any disease identified in ch. ATCP 10 Appendix A, in an animal in this state, shall report that diagnosis or evidence to the department within one day after making the diagnosis or obtaining the evidence.
ATCP 10.03(2) (2) A person who diagnoses or obtains credible diagnostic evidence of any disease identified in ch. ATCP 10 Appendix B, in an animal in this state, shall report that diagnosis or evidence to the department within 10 days after making the diagnosis or obtaining the evidence.
ATCP 10.03(3) (3) A person may make a report under sub. (1) or (2) by telephone, by email, by fax, or by any other effective means of communication that ensures the report will reach the department within the applicable time limit set forth in this section. The reported information shall include the species, age, sex, and breed of the animal possibly infected with the disease, the address of the farm, and the premises code, if any. If the report is not initially in writing, the person shall confirm the report in writing by mail, e-mail, or fax within 10 days.
ATCP 10.03(4) (4) If the department, the Wisconsin veterinary diagnostic laboratory, or the Wisconsin department of health services makes a diagnosis or obtains evidence under sub. (1) or (2), no other person is required to report the diagnosis or evidence under sub. (1) or (2).
ATCP 10.03(5) (5) A person is not required to make a report under sub. (1) or (2) if another person reports the same information under sub. (1) or (2).
ATCP 10.03 Note Note: For example, if a veterinarian submits a test sample to a laboratory and receives a positive test result for a disease identified under sub. (1) or (2), the veterinarian is not required to report the test result to the department if the laboratory does so.
ATCP 10.03(6) (6) If the department determines that a disease reported under sub. (1) or (2) may present a threat to wild animals in this state, the department shall notify the department of natural resources of the report contents.
ATCP 10.03 Note Note: Separate reporting requirements apply to fish diseases under s. ATCP 10.66. Other species-specific reporting requirements may also apply under this chapter.
ATCP 10.03 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register May 2011 No. 665; corrections in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 13-058: am. (3) Register March 2014 No. 699, eff. 6-1-14; correction in (3) made under s. 35.17, Stats., Register March 2014 No. 699; CR 15-092: am. (3) Register July 2016 No. 727, eff. 10-1-16.
ATCP 10.04 ATCP 10.04Disease tests.
ATCP 10.04(1) (1)Duty to report test results.
ATCP 10.04(1)(a)(a) A veterinarian, qualified fish health inspector, certified veterinary technician, qualified chronic wasting disease test sampler, or DHIA technician who tests an animal in this state for any of the following diseases shall report the test results to the department, regardless of whether the test result is positive or negative:
ATCP 10.04(1)(a)1. 1. Brucellosis.
ATCP 10.04(1)(a)2. 2. Johne's disease.
ATCP 10.04(1)(a)3. 3. Pseudorabies.
ATCP 10.04(1)(a)4. 4. Tuberculosis.
ATCP 10.04(1)(a)5. 5. Chronic wasting disease.
ATCP 10.04(1)(a)6. 6. Viral hemorrhagic septicemia.
ATCP 10.04(1)(b) (b) A person under par. (a) shall report a positive test result for any disease under par. (a) within the time period and by the method specified for that disease in s. ATCP 10.03.
ATCP 10.04(1)(c) (c) A person under par. (a) shall report a negative test result for any disease under par. (a) within 10 days after receiving that test result. The person shall report the negative test result in writing, by e-mail, or fax.
ATCP 10.04(1)(d) (d) A person under par. (a) is not required to report diseases under par. (a) if the laboratory analyzing the test sample reports the test result to the department according to this subsection.
ATCP 10.04(1)(e) (e) A test result report under this subsection shall include the official individual identification of the animal to which the test result pertains. If the animal has no official individual identification, the person under par. (a) who collected the test sample shall identify the animal with an official individual identification.
ATCP 10.04(2) (2)Duty to assist department. An owner or custodian of animals shall make those animals available to the department, at the department's request, for any disease testing that the department is authorized to perform on those animals. The owner or custodian shall restrain the animals, as necessary, to facilitate testing and protect the safety of the animal and the persons performing the testing.
ATCP 10.04(3) (3)Presumption. For purposes of ch. 95, Stats., this chapter, and ch. ATCP 12, a laboratory test result is rebuttably presumed to be valid if the department or the federal bureau has approved or certified the laboratory to perform that type of test.
ATCP 10.04(4) (4)Department ordered testing. If an animal is moved or imported without being tested according to this chapter or may be exposed to a disease identified in ch. ATCP 10 Appendix A or ch. ATCP 10 Appendix B, the department may order the testing performed, or may order that an authorized employee or agent of the department or the federal bureau perform the testing, at the owner's expense. Testing completed under a department order does not relieve any person from other penalties or remedies that may apply because of the illegal import or movement.
ATCP 10.04 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (1) (title) and (a) (intro.), cr. (1) (a) 5. and 6. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (4) Register July 2012 No. 679, eff. 8-1-12; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 13-058: am. (1) (a) (intro.), (b) to (e) Register March 2014 No. 699, eff. 6-1-14; correction in (1) (a) made under s. 35.17, Stats., Register March 2014 No. 699.
ATCP 10.045 ATCP 10.045Official individual identification application and record keeping requirements.
ATCP 10.045(1) (1) Whenever a person distributes official individual identification or applies official individual identification to any animal, that person shall keep a record of the date of distribution or application, the official identification number that was distributed or applied to the animal, and the name and address of the owner of the animal.
ATCP 10.045(2) (2) A person who is required to keep records, under sub. (1), shall do all of the following:
ATCP 10.045(2)(a) (a) Retain each record for at least 5 years.
ATCP 10.045(2)(b) (b) Make the records available to the department, upon request, for inspection and copying.
ATCP 10.045 History History: CR 15-092: cr. Register July 2016 No. 727, eff. 10-1-16.
ATCP 10.05 ATCP 10.05Wisconsin certified veterinarians.
ATCP 10.05(1)(1)Automatic certification. A veterinarian is automatically certified as a Wisconsin certified veterinarian, without any action by the department, if all the following apply:
ATCP 10.05(1)(a) (a) The veterinarian is currently licensed under ch. 89, Stats., to practice veterinary medicine in this state.
ATCP 10.05(1)(b) (b) The veterinarian is currently accredited by the federal bureau under 9 CFR 160 to 162.
ATCP 10.05(2) (2)Decertification.
ATCP 10.05(2)(a)(a) A veterinarian is no longer certified under sub. (1) if any of the following occur:
ATCP 10.05(2)(a)1. 1. The veterinarian is no longer licensed under ch. 89, Stats., to practice veterinary medicine. If the veterinarian's license is temporarily suspended, the certification under sub. (1) is suspended for the period of the license suspension.
ATCP 10.05(2)(a)2. 2. The veterinarian is no longer accredited by the federal bureau under 9 CFR 160 to 162. If the veterinarian's federal accreditation is temporarily suspended, the certification under sub. (1) is suspended for the period of the accreditation suspension.
ATCP 10.05(2)(a)3. 3. The department suspends or revokes the certification for cause.
ATCP 10.05(2)(b) (b) The state veterinarian may, on behalf of the department, summarily suspend or revoke the certification of a veterinarian who violates applicable requirements under ch. 95, Stats., this chapter, or ch. ATCP 12 or 16. The state veterinarian shall specify, in the order, the period of suspension or the requirements for reinstatement after revocation. A veterinarian may request a hearing before the department, pursuant to ch. 227, Stats. A request for hearing does not stay the summary suspension or revocation.
ATCP 10.05 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (2) (b) Register July 2012 No. 679, eff. 8-1-12; correction in (1) (a), (2) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718.
ATCP 10.055 ATCP 10.055Tuberculosis testing and control.
ATCP 10.055(1)(1)Who may test or collect samples.
ATCP 10.055(1)(a)(a) A person who performs a tuberculosis test or who collects a sample for any other tuberculosis test on an animal for purposes of this chapter or ch. ATCP 12, shall have completed department-approved training on tuberculosis testing or tuberculosis sample collection within 5 years prior to the test date and shall be one of the following:
ATCP 10.055(1)(a)1. 1. An accredited veterinarian. If the veterinarian performs the test on an animal in this state, the veterinarian shall also be a Wisconsin certified veterinarian.
ATCP 10.055(1)(a)2. 2. An authorized employee or agent of the department or the federal bureau that is directly supervised by a veterinarian employed by the state of Wisconsin, as authorized by the state veterinarian, or employed by the federal bureau.
ATCP 10.055(1)(b) (b) Only a veterinarian approved by the department or an employee of the department or federal bureau may conduct confirmatory tuberculosis testing on any animal under this chapter or ch. ATCP 12.
ATCP 10.055(2) (2)Testing approval. A person, under sub. (1), may not perform a tuberculosis test on or collect a test sample from any animal from a quarantined or known infected herd, except with the department's approval.
ATCP 10.055(3) (3)Test reporting. A person, under sub. (1), who performs a tuberculosis test on an animal in this state, or collects a tuberculosis test sample from an animal in this state, shall report the test result to the department according to s. ATCP 10.04 (1).
ATCP 10.055 Note Note: A test report must include the animal's official individual identification. If the animal has no official individual identification, the person collecting the test sample must identify the animal with an official individual identification. See s. ATCP 10.04 (1) (e).
ATCP 10.055(4) (4)Test positive animal; movement restricted. No person may sell or move an animal that tests positive on any tuberculosis test until one of the following occurs:
ATCP 10.055(4)(a) (a) The department determines that the animal is not a tuberculosis suspect or reactor.
ATCP 10.055(4)(b) (b) The animal is classified as a tuberculosis reactor and treated as determined by the department.
ATCP 10.055 History History: CR 15-092: cr. Register July 2016 No. 727, eff. 10-1-16.
ATCP 10.06 ATCP 10.06Certificate of veterinary inspection.
ATCP 10.06(1)(1)When required.
ATCP 10.06(1)(a)(a) Except as provided in par. (c), a certificate of veterinary inspection shall accompany every animal imported into this state.
ATCP 10.06(1)(b) (b) A certificate of veterinary inspection is not required for movement of animals within this state, except as specifically provided in this chapter or ch. ATCP 12 or 16.
ATCP 10.06 Note Note: A certificate of veterinary inspection may be required under this chapter, or ch. ATCP 12 or 16 for the sale or movement of certain animals within this state. See, for example, s. ATCP 10.56 (1) related to intrastate movement of farm-raised deer, s. ATCP 10.87 (3) related to intrastate movement of swine to fairs or exhibitions, and s. ATCP 16.16 related to sales of dogs by licensed dog sellers or dog facility operators.
ATCP 10.06(1)(c) (c) A certificate of veterinary inspection is not required under par. (a) for imports of the following animals, unless a certificate is required in a particular case under s. ATCP 10.07:
ATCP 10.06(1)(c)1. 1. A bovine animal that is exempt under s. ATCP 10.22 (1) (b).
ATCP 10.06(1)(c)2. 2. A swine that is exempt under s. ATCP 10.30 (1) (b).
ATCP 10.06(1)(c)3. 3. An equine animal that is exempt under s. ATCP 10.36 (2).
ATCP 10.06(1)(c)4. 4. A sheep that is exempt under s. ATCP 10.69 (2).
ATCP 10.06(1)(c)5. 5. A goat that is exempt under s. ATCP 10.76 (1) (b).
ATCP 10.06(1)(c)6. 6. A farm-raised deer that is exempt under s. ATCP 10.55 (2).
ATCP 10.06(1)(c)7. 7. A ratite that is exempt under s. ATCP 10.83 (2).
ATCP 10.06(1)(c)8. 8. Fish imported in compliance with s. ATCP 10.62.
ATCP 10.06(1)(c)9. 9. An invertebrate imported in compliance with ss. 94.01 and 94.03, Stats., and ch. ATCP 21.
ATCP 10.06(1)(c)10. 10. An animal that is imported directly to a veterinary facility for treatment, and returned directly to its state of origin immediately after treatment, with no change in ownership.
ATCP 10.06(1)(c)11. 11. An animal returning to its place of origin in this state, with no change of ownership, immediately after receiving veterinary treatment in another state.
ATCP 10.06(2) (2)Who may issue. An accredited veterinarian shall prepare and sign a certificate of veterinary inspection, except that a Wisconsin certified veterinarian shall prepare and sign a certificate issued in Wisconsin.
ATCP 10.06(3) (3)Form.
ATCP 10.06(3)(a)(a) A certificate of veterinary inspection shall be issued on a form provided by, or approved by, the department. Except as required under this chapter, or ch. ATCP 12 or 16, a certificate issued in this state shall be issued on a form provided by, or approved by, the department.
ATCP 10.06 Note Note: A certificate of veterinary inspection issued in another state for fish imported to this state must be issued on a form provided by, or approved by, the department. See s. ATCP 10.65 (1). A certificate of veterinary inspection issued for intrastate movement from a licensed dog seller or dog facility operator must be on a form issued by the department. See s. ATCP 16.16.
ATCP 10.06(3)(b) (b) A Wisconsin certified veterinarian may obtain Wisconsin certificate of veterinary inspection forms from the department. There is a fee of $5.60 for each interstate movement form, and $0.60 for each intrastate movement form.
ATCP 10.06 Note Note: A Wisconsin certified veterinarian may obtain forms under par. (b) by contacting the department at the following address:
ATCP 10.06 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4872
Fax: (608) 224-4871
ATCP 10.06(4) (4)Contents. Except as required by other applicable provisions of law, a certificate of veterinary inspection related to a shipment of animals shall include all of the following information, which shall be verified by the issuing veterinarian:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.