ATCP 10.40 ATCP 10.40Poultry and farm-raised game birds; breeding, hatching, and exhibition.
ATCP 10.40(1) (1)Birds and eggs used for breeding or hatching. Except as specified under sub. (8), no person may use poultry or farm-raised game birds or their eggs for breeding or hatching, or for exhibition at a fair or livestock exhibition, unless one of the following applies:
ATCP 10.40(1)(a) (a) The birds or eggs originate from a flock that is enrolled in the national poultry improvement plan under s. ATCP 10.41 and meets all of the following requirements:
ATCP 10.40(1)(a)1. 1. The flock is currently classified “U.S. pullorum-typhoid clean" under the national poultry improvement plan.
ATCP 10.40(1)(a)2. 2. In the case of turkeys, the flock is currently classified “Mycoplasma gallisepticum clean" under the national poultry improvement plan.
ATCP 10.40(1)(b) (b) The birds or eggs originate from a flock that qualifies as an affiliate flock under the national poultry improvement plan.
ATCP 10.40(1)(c) (c) The birds or eggs originate from a flock that is enrolled as a Wisconsin tested flock under sub. (2) or a Wisconsin associate flock under sub. (3).
ATCP 10.40 Note Note: A person who sells birds or eggs under par. (c) must report the sale to the department, and must document to the buyer that the flock is enrolled under sub. (2) or (3). See sub. (7).
ATCP 10.40(1)(d) (d) In the case of birds, the birds meet all of the following requirements:
ATCP 10.40(1)(d)1. 1. They have individually tested negative for pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum, within the preceding 90 days, and there has been no change of ownership of any birds since the completion of testing. Testing for purposes of a fair or livestock exhibition shall be completed before the birds arrive at the fair or livestock exhibition.
ATCP 10.40(1)(d)2. 2. They originate from a flock in which no bird has tested positive for pullorum, fowl typhoid, or Mycoplasma gallisepticum.
ATCP 10.40 Note Note: A person who sells birds under par. (d) must report the sale to the department, and must document to the buyer that the birds comply with par. (d). See sub. (7).
ATCP 10.40(1)(e) (e) The birds or eggs are pigeons or pigeon eggs.
ATCP 10.40(1)(g) (g) The birds are not used for breeding or hatching, and are moved from the flock premises only for youth exhibition at a county fair pursuant to sub. (8).
ATCP 10.40(2) (2)Wisconsin tested flock.
ATCP 10.40(2)(a)(a) The owner of a flock of poultry or farm-raised game birds may annually enroll that flock as a Wisconsin tested flock. An annual enrollment expires on June 30 of each year.
ATCP 10.40(2)(b) (b) A flock owner shall apply for enrollment under par. (a) on a form provided by the department. There is no fee to enroll. The enrollment application shall include all of the following:
ATCP 10.40(2)(b)1. 1. The legal name and address of the flock owner.
ATCP 10.40(2)(b)2. 2. The address and livestock premises code of the flock premises.
ATCP 10.40(2)(b)3. 3. The approximate size of the flock, and the type of birds included in the flock.
ATCP 10.40(2)(b)4. 4. Disease testing information under par. (c).
ATCP 10.40 Note Note: A flock owner may request an enrollment application form by calling (608) 224-4877, by visiting the department website at http://datcp.wi.gov, or by writing to the following address:
ATCP 10.40 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.40(2)(c) (c) An enrollment application under par. (b) shall include proof that the flock has tested negative for all of the following during the calendar year of the enrollment application, in a test under sub. (4) that included all sexually mature birds then in the flock:
ATCP 10.40(2)(c)1. 1. Pullorum.
ATCP 10.40(2)(c)2. 2. Fowl typhoid.
ATCP 10.40(2)(c)3. 3. Mycoplasma gallisepticum, in the case of turkeys.
ATCP 10.40(2)(d) (d) For purposes of par. (c), a sexually mature bird is a bird over 4 months old except that, in the case of turkeys, it is a bird over 6 months old.
ATCP 10.40(2)(e) (e) The department shall grant or deny an enrollment application under par. (b) within 30 days after the department receives a complete application. If the department grants enrollment, the department shall issue a certificate that documents the enrollment.
ATCP 10.40(3) (3)Wisconsin associate flock.
ATCP 10.40(3)(a)(a) The owner of a flock of poultry or farm-raised game birds may annually enroll that flock as a Wisconsin associate flock. A Wisconsin associate flock enrollment expires on June 30 of each year.
ATCP 10.40(3)(b) (b) A flock owner shall apply for enrollment under par. (a) on a form provided by the department. There is no fee to enroll. An enrollment application shall include all of the following:
ATCP 10.40(3)(b)1. 1. The legal name and address of the flock owner.
ATCP 10.40(3)(b)2. 2. The address and livestock premises code of the flock premises.
ATCP 10.40(3)(b)3. 3. The number and type of birds in the flock.
ATCP 10.40(3)(b)4. 4. An invoice or other documentation showing that all of the birds or bird eggs in the flock were acquired directly from a flock enrolled under sub. (2) or (3) or s. ATCP 10.41.
ATCP 10.40(3)(b)5. 5. A statement certifying that the flock owner keeps no other poultry or farm-raised game birds on the flock premises.
ATCP 10.40 Note Note: A flock owner may request an enrollment application form by calling (608) 224-4877, by visiting the department website at http://datcp.wi.gov, or by writing to the following address:
ATCP 10.40 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.40(3)(c) (c) The department shall grant or deny an enrollment application under par. (b) within 30 days after the department receives a complete application. If the department grants enrollment, the department shall issue a certificate that documents the enrollment.
ATCP 10.40(4) (4)Disease testing. Disease testing, for purposes of this section and s. ATCP 10.41, shall comply with all of the following standards:
ATCP 10.40(4)(a) (a) Blood samples for testing shall be drawn by one of the following:
ATCP 10.40(4)(a)1. 1. An individual who has completed sample collection training, provided by the department, within 5 years prior to collecting the blood samples. The department shall charge a $25 training fee.
ATCP 10.40(4)(a)2. 2. An individual approved by the federal bureau or by the state in which the blood samples are drawn, if the blood samples are drawn in another state pursuant to the national poultry improvement plan.
ATCP 10.40(4)(b) (b) Except as provided in par. (c) or (d):
ATCP 10.40(4)(b)1. 1. An individual who draws blood samples for testing shall identify each bird with official individual identification, or with another identification number that uniquely identifies that bird.
ATCP 10.40(4)(b)2. 2. An individual who draws blood samples for laboratory testing shall label each blood sample with the identification number of the bird from which it was drawn.
ATCP 10.40(4)(b)3. 3. The flock owner or custodian shall isolate tested birds from untested birds until the department reviews test results and authorizes the flock owner or custodian to release tested birds from isolation.
ATCP 10.40(4)(c) (c) Paragraph (b) does not apply to a whole flock test of poultry or farm-raised game birds.
ATCP 10.40(4)(d) (d) Paragraph (b) does not apply when a test group of 30 or more birds is tested for purposes of flock classification under the national poultry improvement plan, provided that the flock owner or custodian isolates the test group from birds outside the test group until the department reviews the test results and authorizes release from isolation. If any bird in the test group tests positive, the department may require continued isolation and testing of all birds in the test group and may specify the disposition of all birds in the test group.
ATCP 10.40(4)(e) (e) Sample collection, on-site test methods, and laboratory test methods shall comply with standards specified in the national poultry improvement plan. Laboratory tests shall be conducted by a laboratory approved by the department, the federal bureau, or another state under the national poultry improvement plan.
ATCP 10.40 Note Note: See disease reporting requirements under s. ATCP 10.03.
ATCP 10.40(5) (5)Imports. No person may use, sell, or distribute, for breeding or hatching, any poultry, poultry eggs, farm-raised game birds, or farm-raised game bird eggs imported in violation of s. ATCP 10.42.
ATCP 10.40(6) (6)Commingling.
ATCP 10.40(6)(c)(c) Birds belonging to a flock enrolled under sub. (2) or (3) or s. ATCP 10.41 may not be commingled with any birds that are not part of the flock, except at shows and exhibitions where all birds have tested negative for pullorum, fowl typhoid, and, in the case of turkeys, Mycoplasma gallisepticum.
ATCP 10.40(6)(d) (d) Birds do not qualify under sub. (1) (d) if they have been commingled with birds from another flock or source, except at shows and exhibitions where all birds have tested negative for pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum.
ATCP 10.40(7) (7)Poultry sales.
ATCP 10.40(7)(a)(a) A person who sells poultry or eggs under sub. (1) (c) shall do all of the following:
ATCP 10.40(7)(a)1. 1. Report the sale to the department within 10 days, on a form provided by the department.
ATCP 10.40(7)(a)2. 2. Provide, to the buyer, a copy of the current flock enrollment certificate under sub. (2) or (3).
ATCP 10.40(7)(b) (b) A person who sells poultry under sub. (1) (d) shall do all of the following:
ATCP 10.40(7)(b)1. 1. Report the sale to the department within 10 days, on a form provided by the department.
ATCP 10.40(7)(b)2. 2. Document, to the buyer, that the poultry comply with sub. (1) (d).
ATCP 10.40 Note Note: A person may request a reporting form under par. (a) 1. or (b) 1. by calling (608) 224-4877, by visiting the department website at http://datcp.wi.gov, or by writing to the following address:
ATCP 10.40 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.40(8) (8)Youth exhibition at county fair.
ATCP 10.40(8)(a)(a) Subsection (1) does not apply to youth exhibition of poultry or poultry eggs at a county fair if a youth agricultural leader certifies all of the following:
ATCP 10.40(8)(a)1. 1. The name and address of the youth exhibiting the poultry or eggs.
ATCP 10.40(8)(a)2. 2. A description of the exhibited poultry or eggs.
ATCP 10.40(8)(a)3. 3. That the youth acquired the poultry or eggs directly from a flock enrolled under sub. (2) or (3) or s. ATCP 10.41, and has not commingled them with poultry or eggs from any other source. This certification shall be based on written source documentation, and on an inspection of the premises where the youth keeps the poultry or eggs.
ATCP 10.40(8)(b) (b) A certification under par. (a) shall be all of the following:
ATCP 10.40(8)(b)1. 1. Issued in writing.
ATCP 10.40(8)(b)2. 2. Filed with the county fair before the youth exhibits the poultry or eggs.
ATCP 10.40(8)(c) (c) For purposes of this subsection, a “youth agricultural leader" means any of the following:
ATCP 10.40(8)(c)1. 1. The leader of a bona fide youth agricultural organization to which the youth exhibitor belongs.
ATCP 10.40 Note Note: For example, a “youth agricultural leader" might include a 4-H leader or FFA sponsor.
ATCP 10.40(8)(c)2. 2. The county fair organizer, or the organizer's agent.
ATCP 10.40 Note Note: For example, a “youth agricultural leader" might include a county fair superintendent or poultry exhibit coordinator.
ATCP 10.40 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (4) (a) 1. Register June 2008 No. 630, eff. 7-1-09; CR 07-107: am. (1) (d) 1., (4) (b) 1., (6) (c) and (d) Register November 2008 No. 635, eff. 12-1-08; correction in (6) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 11-048: am. (3) (b) 4., (4) (a) 1. Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (1) (intro.), r. (6) (a), (b) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (1) (intro.) Register July 2016 No. 727, eff. 10-1-16.
ATCP 10.41 ATCP 10.41National poultry improvement plan.
ATCP 10.41(1)(1)Annual flock enrollment. The owner of a flock of poultry or farm-raised game birds may annually enroll that flock in the national poultry improvement plan. An annual enrollment expires on June 30 of each year.
ATCP 10.41 Note Note: The national poultry improvement plan is 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. A flock owner may also request a copy by calling (608) 224-4877, by visiting the department website at http://datcp.wi.gov, or by writing to the following address:
ATCP 10.41 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.41(2) (2)Enrollment application. A flock owner shall apply for enrollment under sub. (1) on a form provided by the department. The application shall include the test results required under sub. (3), the fee required under sub. (5), and the livestock premises code of the flock premises. The department shall grant or deny an enrollment application within 30 days after the department receives a complete application.
ATCP 10.41 Note Note: A flock owner may request an enrollment application form by calling (608) 224-4877, by visiting the department website at http://datcp.wi.gov, or by writing to the following address:
ATCP 10.41 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.41(3) (3)Annual disease testing. An enrollment application under sub. (1) shall include proof that the flock has been tested for all of the following, within one year prior to the enrollment application date, according to the national poultry improvement plan:
ATCP 10.41(3)(a) (a) Pullorum.
ATCP 10.41(3)(b) (b) Fowl typhoid.
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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.