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.
ATCP 10.13 Note Note: The tuberculosis 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 10.13 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.13(3) (3)Test reporting. A person, under sub. (1), who performs a tuberculosis test on a bovine animal in this state, or collects a tuberculosis test sample from a bovine animal in this state, shall report the test result to the department according to s. ATCP 10.04 (1).
ATCP 10.13 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 10.13(4) (4)Test positive animal; movement restricted. No person may sell or move a bovine animal that tests positive on any tuberculosis test until one of the following occurs:
ATCP 10.13(4)(a) (a) The department determines that the animal is not a tuberculosis suspect or reactor.
ATCP 10.13(4)(b) (b) The animal is classified as a tuberculosis reactor and treated according to sub. (6).
ATCP 10.13(5) (5)Test positive animal; further testing and classification. Whenever the department receives a positive tuberculosis test report under sub. (3), the department or the federal bureau shall conduct confirmatory testing to determine whether the animal is a tuberculosis suspect or reactor. The department or the federal bureau shall test and classify animals according to the tuberculosis uniform methods and rules.
ATCP 10.13(6) (6)Tuberculosis reactors.
ATCP 10.13(6)(a)(a) Within 15 days after the department or the federal bureau classifies a bovine animal as a tuberculosis reactor, the animal owner shall have the animal identified as a tuberculosis reactor and shipped to a slaughtering establishment for slaughter, according to the tuberculosis uniform methods and rules. The owner or authorized agent shall obtain a department permit under s. ATCP 10.08 (3) for the slaughter shipment.
ATCP 10.13 Note Note: The tuberculosis 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 10.13 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.13(6)(b) (b) The department may extend a deadline under par. (a) for good cause, but may not extend a deadline under par. (a) by more than 15 days.
ATCP 10.13(6)(c) (c) An animal owner may request an indemnity under s. 95.25 (5), Stats., for a tuberculosis reactor slaughtered according to pars. (a) and (b). 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 pars. (a) and (b).
ATCP 10.13(7) (7)Slaughter inspection of tuberculosis suspects. A tuberculosis suspect, if slaughtered, shall be slaughtered and inspected according to the tuberculosis uniform methods and rules.
ATCP 10.13 Note Note: The tuberculosis 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 10.13 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.13 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (1) (b) Register July 2012 No. 679, eff. 8-1-12; CR 15-092: am. (1) (a) (intro.), 2., r. and recr. (1) (b), cr. (1m), am. (3), (5), consol. (6) (a) (intro.) and 1. and renum. to (6) (a) and am., r. (6) (a) 2., am. (6) (c) Register July 2016 No. 727, eff. 10-1-16; correction in (6) (b) made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727.
ATCP 10.14 ATCP 10.14Tuberculosis-free herd; certification.
ATCP 10.14(1)(1)Certification. The department may certify a herd of bovine animals as an accredited tuberculosis-free herd if the herd qualifies for that certification under the tuberculosis uniform methods and rules. Every certification application shall include a nonrefundable application fee of $100 for a 2-year certification. The department may prorate the fee for certifications less than 2 years. To maintain the certification, a herd owner shall comply with applicable requirements under the tuberculosis uniform methods and rules.
ATCP 10.14 Note Note: For example, the department may prorate the certification fee when a farmer purchases animals which have 1 year left on their current tuberculosis-free certification status before testing is due.
ATCP 10.14 Note The tuberculosis 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 10.14 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.14(2) (2)Suspending or revoking certification.
ATCP 10.14(2)(a)(a) The department may summarily suspend or revoke a certification under sub. (1) if any of the following occur:
ATCP 10.14(2)(a)1. 1. An animal in the herd tests positive for tuberculosis.
ATCP 10.14(2)(a)2. 2. The herd owner does not comply with sub. (1).
ATCP 10.14(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 10.14 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 10.14 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; correction in (2) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699.
ATCP 10.15 ATCP 10.15Johne's disease testing.
ATCP 10.15(1) (1)Who may collect test samples. A person who collects a Johne's disease test sample, for purposes of this chapter or ch. ATCP 12, shall be one of the following:
ATCP 10.15(1)(a) (a) An accredited veterinarian. If the veterinarian collects the test sample from cattle in this state, the veterinarian shall also be a Wisconsin certified veterinarian.
ATCP 10.15(1)(b) (b) A person working under the direct supervision of a veterinarian under par. (a), provided that the veterinarian submits the sample for testing.
ATCP 10.15(1)(c) (c) An authorized employee or agent of the department or the federal bureau.
ATCP 10.15(1)(d) (d) A DHIA technician or a certified veterinary technician if the Johne's disease test sample is a milk sample.
ATCP 10.15(2) (2)Sample collection procedures. A person who collects a Johne's disease test sample, for purposes of this chapter or ch. ATCP 12, shall comply with procedures specified in the Johne's disease national program standards.
ATCP 10.15 Note Note: The Johne's disease national program standards 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 10.15 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.15(3) (3)Laboratory and test methods. Only a laboratory approved by the department or the federal bureau may conduct a Johne's disease test for purposes of this chapter or ch. ATCP 12. The laboratory shall use one of the following tests:
ATCP 10.15(3)(a) (a) The enzyme linked immunosorbent assay (ELISA).
ATCP 10.15(3)(b) (b) The fecal culture test.
ATCP 10.15(3)(c) (c) The polymerase chain reaction (PCR) fecal test.
ATCP 10.15(3)(d) (d) Another test approved by the department.
ATCP 10.15(4) (4)Veterinarian to report. A veterinarian who submits for testing a Johne's disease test sample collected in this state shall report the test result to the department and the animal owner according to s. ATCP 10.04 (1).
ATCP 10.15 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 10.15(5) (5)Reactors. An animal is a Johne's disease reactor if any of the following apply:
ATCP 10.15(5)(a) (a) The animal tests positive on a test under sub. (3) (a), unless it subsequently tests negative on a follow-up test under sub. (6).
ATCP 10.15(5)(b) (b) The animal tests positive on any test under sub. (3) (b) to (d).
ATCP 10.15(6) (6)Follow-up test. Within 45 days after an animal tests positive on a test under sub. (3) (a), a person authorized under sub. (1) shall collect and submit another sample for testing by a different test method under sub. (3). The department may, for good cause, extend the retesting deadline under this subsection.
ATCP 10.15 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: cr. (1) (d), am. (6) Register November 2008 No. 635, eff. 12-1-08.
ATCP 10.16 ATCP 10.16Johne's disease; sales of cattle.
ATCP 10.16(1)(1)Implied warranty. Section 95.195, Stats., covers Johne's disease in cattle and applies to sales of cattle, except that the implied warranty under s. 95.195, Stats., does not apply if any of the following apply:
ATCP 10.16(1)(a) (a) The seller accurately discloses all of the following to the buyer in writing, prior to sale:
ATCP 10.16(1)(a)1. 1. The current herd classification under s. ATCP 10.18 of the herd from which the cattle are sold.
ATCP 10.16(1)(a)2. 2. That the cattle are Johne's disease reactors under s. ATCP 10.15 (5) if that is the case.
ATCP 10.16(1)(b) (b) The cattle are sold directly to slaughter.
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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.