ATCP 10.07 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: r. and recr. (4) (c) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (2) (a), (b), (c), cr. (3) (e) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (2) (a), cr. (2m) Register March 2014 No. 699, eff. 6-1-14; correction in (1) (b) made under s. 35.17, Stats., Register March 2014 No. 699; CR 15-092: am. (4) (title), (a) (intro.), 3., cr. (4) (am), am. (4) (b), (c) (intro.), (d) Register July 2016 No. 727, eff. 10-1-16.
ATCP 10.08 ATCP 10.08Moving diseased animals.
ATCP 10.08(1) (1)General. No person may, in connection with the import, sale, movement, or exhibition of any animal, do any of the following:
ATCP 10.08(1)(a) (a) Knowingly conceal that the animal has been infected with or exposed to any contagious or infectious disease.
ATCP 10.08(1)(b) (b) Knowingly misrepresent that the animal has not been exposed to or infected with any contagious or infectious disease.
ATCP 10.08(1)(c) (c) Knowingly permit an animal that has been exposed to or infected with a contagious or infectious disease to commingle with other animals under conditions that may cause the disease to spread to an animal owned by another person.
ATCP 10.08(2) (2)Contagious or infectious diseases. Except as provided in sub. (3), no person may sell or move any animal that is infected with or exposed to any of the following contagious or infectious diseases, or any animal that the department has classified as a suspect or reactor for any of the following contagious or infectious diseases:
ATCP 10.08(2)(a) (a) Anthrax.
ATCP 10.08(2)(b) (b) Brucellosis.
ATCP 10.08 Note Note: See also ss. ATCP 10.11, 10.28 (4), and 10.50 (4).
ATCP 10.08(2)(c) (c) Chronic wasting disease.
ATCP 10.08(2)(d) (d) Equine encephalomyelitis.
ATCP 10.08(2)(e) (e) Equine infectious anemia.
ATCP 10.08(2)(f) (f) Foot and mouth disease.
ATCP 10.08(2)(g) (g) Hog cholera (classic swine fever).
ATCP 10.08(2)(h) (h) Vesicular stomatitis.
ATCP 10.08(2)(i) (i) Mycoplasma gallisepticum.
ATCP 10.08(2)(j) (j) Pseudorabies.
ATCP 10.08(2)(k) (k) Psoroptic mange.
ATCP 10.08(2)(L) (L) Pullorum.
ATCP 10.08(2)(m) (m) Rabies.
ATCP 10.08(2)(n) (n) Salmonellosis entriditis in poultry.
ATCP 10.08(2)(o) (o) Scrapie.
ATCP 10.08(2)(p) (p) Sheep foot rot.
ATCP 10.08(2)(q) (q) Swine dysentery.
ATCP 10.08(2)(r) (r) Tuberculosis.
ATCP 10.08 Note Note: See also ss. ATCP 10.055 (2) and (3), 10.13 (3), and 10.48 (6).
ATCP 10.08(2)(s) (s) Vesicular exanthema.
ATCP 10.08 Note Note: See ss. ATCP 10.16 related to Johne's disease. Animals infected with or exposed to other contagious or infectious diseases, not listed in par. (a), may be quarantined at the discretion of the department under s. ATCP 10.89 and other provisions of this chapter.
ATCP 10.08(3) (3)Permit to move.
ATCP 10.08(3)(a)(a) The department may issue a permit allowing a movement of animals that is otherwise prohibited under this chapter. The permit may allow movement for slaughter or other purposes prescribed by the department in the permit, subject to terms and conditions prescribed in the permit. The department shall grant or deny a permit under this subsection within 5 business days after the department receives a complete permit application containing all information required by the department.
ATCP 10.08(3)(b) (b) If a permit under par. (a) allows movement to a slaughtering establishment for slaughter, the slaughtering establishment operator shall report to the department the results of any post-mortem examination of the animal. The operator shall file the report within 7 days after the operator receives the animal at the slaughtering establishment.
ATCP 10.08(4) (4)Removing livestock from slaughter establishment. No person may remove any livestock animal from a slaughtering establishment after the animal has been off-loaded at the slaughtering establishment unless the animal is removed under a special permit issued by the state veterinarian. The state veterinarian shall grant or deny a permit application within 5 business days after he or she receives a complete application.
ATCP 10.08(5) (5)Release of diseased wild animal. A person who knows or has reason to know that a captive wild animal has been infected with or exposed to a disease identified in s. ATCP 10.03 may not release the animal to the wild unless a certified veterinarian finds that the animal is free of the disease at the time of release. The veterinarian shall make the finding on a certificate of veterinary inspection that is filed with the department.
ATCP 10.08 Note Note: See also ss. 169.04 (2) (d) and 169.06 (1) (d), Stats.
ATCP 10.08 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (4) and (5) Register November 2008 No. 635, eff. 12-1-08.
ATCP 10.09 ATCP 10.09Appraised value of condemned animals. If the owner of an animal destroyed under ss. 95.21 (4) (b), 95.23 (1m), 95.25, 95.26, 95.27, or 95.31 (3) or (4), Stats., is eligible for a state indemnity for that animal under ch. 95, Stats., and if the animal is of a type not frequently sold at public auction, the department shall appoint a knowledgeable independent appraiser to determine the appraised value of the animal. The appraiser shall determine the appraised value based on the animal's size, species, sex, and grade or quality, and by relevant information related to prevailing market prices for animals of that size, species, sex, and grade or quality. The appraiser may, as appropriate, conduct market surveys to obtain relevant price information.
ATCP 10.09 History History: CR 07-107: cr. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. Register July 2012 No. 679, eff. 8-1-12.
subch. III of ch. ATCP 10 Subchapter III — Bovine Animals
ATCP 10.10 ATCP 10.10Brucellosis; official vaccinates. A bovine animal qualifies as an official brucellosis vaccinate if all of the following apply:
ATCP 10.10(1) (1) An accredited veterinarian vaccinates the animal in compliance with the brucellosis uniform methods and rules. If the animal is vaccinated in Wisconsin, the accredited veterinarian shall also be a Wisconsin certified veterinarian.
ATCP 10.10(2) (2) The veterinarian identifies the animal in compliance with the brucellosis uniform methods and rules.
ATCP 10.10(3) (3) The veterinarian files a vaccination report with the department within 30 days after the veterinarian performs the vaccination. The veterinarian shall file the vaccination report on a form approved by the department, and shall include in the report the official individual identification of the vaccinated animal. The veterinarian shall provide a copy of the vaccination report to the owner of the vaccinated animal, and shall retain another copy.
ATCP 10.10 Note Note: The brucellosis uniform methods and rules are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may also be obtained by writing to the following address:
ATCP 10.10 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.10 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.
ATCP 10.11 ATCP 10.11Brucellosis testing and control.
ATCP 10.11(1)(1)Who may collect test samples. A person who collects a brucellosis test sample, for purposes of this chapter or ch. ATCP 12, shall be one of the following:
ATCP 10.11(1)(a) (a) An accredited veterinarian. If the veterinarian collects the sample in this state, the veterinarian shall also be a Wisconsin certified veterinarian.
ATCP 10.11(1)(b) (b) An authorized employee or agent of the department or the federal bureau.
ATCP 10.11(1)(c) (c) A person who collects samples at a slaughtering establishment under the supervision of the department or the federal bureau.
ATCP 10.11(2) (2)Test procedure. Brucellosis test sample collection and testing shall comply with the brucellosis uniform methods and rules. A laboratory approved by the department or the federal bureau shall perform brucellosis tests.
ATCP 10.11 Note Note: The brucellosis uniform methods and rules are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may also be obtained by writing to the following address:
ATCP 10.11 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.11(3) (3)Veterinarian to report. A veterinarian who collects a brucellosis test sample from a bovine animal in this state shall report the test result to the department and the animal owner according to s. ATCP 10.04 (1).
ATCP 10.11 Note Note: A test report must include the animal's official individual identification. If the animal has no official individual identification, the veterinarian must identify the animal with an official individual identification. See s. ATCP 10.04 (1) (e).
ATCP 10.11(4) (4)Classification. Upon receiving a brucellosis test result, the department or the federal bureau shall classify the tested animal as negative, suspect, or reactor, according to the brucellosis uniform methods and rules. The department or the federal bureau may use supplemental brucellosis tests to confirm test results, and to evaluate whether animals may be infected with brucellosis.
ATCP 10.11(5) (5)Reactors.
ATCP 10.11(5)(a)(a) Within 15 days after the department or the federal bureau classifies a bovine animal as a brucellosis reactor under sub. (4), the animal owner shall do all of the following:
ATCP 10.11(5)(a)1. 1. Have the animal identified as a reactor, and shipped to a slaughtering establishment for slaughter, according to the brucellosis uniform methods and rules. The owner shall obtain a department permit under s. ATCP 10.08 (3) for the slaughter shipment.
ATCP 10.11(5)(a)2. 2. Clean and disinfect the premises where the animal was kept.
ATCP 10.11(5)(b) (b) The department may extend a deadline under par. (a) for good cause, but may not extend a deadline by more than 15 days without federal bureau approval.
ATCP 10.11 Note Note: The brucellosis uniform methods and rules are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may be also be obtained by writing to the following address:
ATCP 10.11 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.11(5)(c) (c) An animal owner may request an indemnity under s. 95.26 (7), Stats., for a brucellosis reactor slaughtered under par. (a). The animal owner shall file the request with the department, on a form provided by the department. The owner shall include, with the request, a slaughter confirmation signed by an authorized employee of the department or the federal bureau. An animal owner does not qualify for an indemnity if the owner fails to comply with par. (a).
ATCP 10.11(6) (6)Brucellosis exposed animal; identification prior to movement. A bovine animal shall be identified according to the brucellosis uniform methods and rules before being moved if any of the following apply:
ATCP 10.11(6)(a) (a) The animal is part of a herd quarantined for brucellosis.
ATCP 10.11(6)(b) (b) The animal has been in contact for 24 hours or longer with a brucellosis reactor.
ATCP 10.11(6)(c) (c) The animal has had any contact with a brucellosis reactor that has aborted or calved within the past 30 days and has had a vaginal or uterine discharge.
ATCP 10.11 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (5) (a) 1. Register November 2008 No. 635, eff. 12-1-08.
ATCP 10.12 ATCP 10.12Brucellosis-free herd; certification.
ATCP 10.12(1)(1)Certification. The department may certify a herd of cattle as a brucellosis-free herd if the herd qualifies for that certification under the brucellosis uniform methods and rules. Every certification application shall include a nonrefundable fee of $50 for an annual certification. To maintain the herd certification, a herd owner shall comply with applicable requirements under the brucellosis uniform methods and rules.
ATCP 10.12 Note Note: The brucellosis uniform methods and rules are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may also be obtained by writing to the following address:
ATCP 10.12 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.12(2) (2)Suspending or revoking certification.
ATCP 10.12(2)(a)(a) The department may summarily suspend or revoke a certification under sub. (1) if any of the following occur:
ATCP 10.12(2)(a)1. 1. A brucellosis test shows that any animal in the herd is a brucellosis suspect or reactor.
ATCP 10.12(2)(a)2. 2. The herd owner does not comply with sub. (1).
ATCP 10.12(2)(b) (b) The state veterinarian may issue a summary suspension or revocation notice under par. (a). The notice shall state the reason for the suspension or revocation.
ATCP 10.12 Note Note: A herd owner affected by a suspension or revocation under sub. (2) may request a hearing before the department under ch. 227.42, Stats., and ch. ATCP 1. A request for a hearing does not automatically stay a summary suspension or revocation.
ATCP 10.12 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (1) Register June 2008 No. 630, eff. 7-1-09; CR 11-048: am. (1) Register July 2012 No. 679, eff. 8-1-12.
ATCP 10.13 ATCP 10.13Tuberculosis testing and control.
ATCP 10.13(1)(1)Who may test or collect samples.
ATCP 10.13(1)(a)(a) A person who performs a tuberculosis test on a bovine animal or who collects a sample for any other tuberculosis test on a bovine 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 10.13(1)(a)1. 1. An accredited veterinarian. If the veterinarian performs the test on a bovine animal in this state, the veterinarian shall also be a Wisconsin certified veterinarian.
ATCP 10.13(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 10.13(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 a bovine animal under this chapter or ch. ATCP 12.
ATCP 10.13(1m) (1m)Testing approval. A person under sub. (1) may not perform a tuberculosis test on or collect a test sample from a bovine animal from a quarantined or known infected herd, except with the department's approval.
ATCP 10.13(2) (2)Test procedures. Sample collection and testing for tuberculosis in bovine animals shall comply with the tuberculosis uniform methods and rules. A laboratory approved by the department or the federal bureau shall conduct laboratory tests, if any.
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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.