ATCP 10.052(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 10.052(5)(c) (c) An owner of an animal raised primarily to produce food for human consumption 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. An animal owner does not qualify for an indemnity if the owner fails to comply with the requirements specified in the quarantine issued by the department.
ATCP 10.052(6) (6)Test positive animal; movement restricted. No person may sell or move an animal that tests positive on any brucellosis test until one of the following occurs:
ATCP 10.052(6)(a) (a) The department determines that the animal is not a brucellosis suspect or reactor.
ATCP 10.052(6)(b) (b) The animal is classified as a brucellosis suspect or reactor, and appropriate action is taken as determined by the department.
ATCP 10.052 History History: CR 18-085: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (2) made under s. 35.17, Stats., Register May 2020.
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, it must be applied prior to collecting the test sample. 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(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 for the species of animal tested, when applicable. For species that are not covered by the tuberculosis uniform methods and rules, the department and federal bureau shall determine animal classification.
ATCP 10.055(6) (6)Tuberculosis reactors.
ATCP 10.055(6)(a) (a) Within 15 days after the department or the federal bureau classifies an animal as a tuberculosis reactor, the department shall quarantine the animal and require additional testing or measures to control or eradicate the disease.
ATCP 10.055(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 without federal bureau approval.
ATCP 10.055(6)(c) (c) An owner of an animal raised primarily to produce food for human consumption may request an indemnity under s. 95.25 (5), Stats., for a tuberculosis reactor slaughtered under par. (a). The animal owner shall file the request with the department, on a form provided by the department. An animal owner does not qualify for an indemnity if the owner fails to comply with pars. (a) and (b).
ATCP 10.055 Note Note: The tuberculosis uniform methods and rules apply to cattle, bison and farm-raised deer and 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 written request made to the following address:
ATCP 10.055 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
ATCP 10.055 Note Division of Animal Health
ATCP 10.055 Note P.O. Box 8911
ATCP 10.055 Note Madison, WI 53708-8911
ATCP 10.055 History History: CR 15-092: cr. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: cr. (5), (6) Register May 2020 No. 773, eff. 6-1-20.
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 place 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 or approved 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:
ATCP 10.06(4)(a) (a) The number, species, breed, sex, age, and purpose of movement of the animals included in the shipment.
ATCP 10.06(4)(b) (b) Official individual identification of each animal in the shipment, if required under this chapter or ch. ATCP 12. The department may require official individual identification of animals in a particular shipment, pursuant to s. ATCP 10.07, regardless of whether official individual identification is otherwise required.
ATCP 10.06(4)(c) (c) The name, telephone number, if available, and address of the person shipping the animals.
ATCP 10.06(4)(d) (d) The following information related to the premises from which the animals are shipped:
ATCP 10.06(4)(d)1. 1. The premises address.
ATCP 10.06(4)(d)2. 2. The livestock premises code, if any.
ATCP 10.06(4)(d)3. 3. Relevant health certification numbers issued by the state of origin, if the certificate of veterinary inspection represents that the state of origin has certified the health status of animals on the premises.
ATCP 10.06(4)(e) (e) The name and address of the person receiving the animals.
ATCP 10.06(4)(f) (f) The address, and the livestock premises code if any, of the premises where the animals will be received.
ATCP 10.06(4)(g) (g) The number of any permit required under s. ATCP 10.07 (2) or 10.08 (3).
ATCP 10.06(4)(h) (h) Other information required under this chapter for the import or movement of the animal.
ATCP 10.06 Note Note: This chapter requires additional information for the import or movement of certain animals. Required information may include diagnostic test results, vaccination status, the disease status of the herd or flock of origin, or the disease status of the state of origin. The department may also require additional information, for particular import shipments, under s. ATCP 10.07. Also see s. ATCP 16.16 which requires different information for a certificate of veterinary inspection for dogs moved intrastate.
ATCP 10.06(4)(i) (i) The following statement, or one substantially similar:
“I certify, as a veterinarian, that I have inspected the animals identified on this certificate and that the animals are not showing signs of contagious or infectious disease, except where noted. Vaccinations and test results are as indicated on the certificate. To the best of my knowledge, the animals identified on this certificate meet applicable federal and state of destination requirements."
ATCP 10.06(4)(j) (j) The veterinarian's signature, date of signature, inspection date, and issue date.
ATCP 10.06(5) (5) Certificate valid for 30 days. A certificate of veterinary inspection is valid for 30 days from the date of inspection unless the department specifies additional import requirements or a different expiration date under s. ATCP 10.07 (1) (b) or (2), or if the state veterinarian determines based on an epidemiological evaluation of current disease risks in a herd, or place of origin, in Wisconsin that a different expiration date is necessary.
ATCP 10.06(6) (6) Filing copies of certificate.
ATCP 10.06(6)(a) (a) If this chapter requires a certificate of veterinary inspection to accompany animals imported to this state, the veterinarian who signs the certificate shall file copies with the chief livestock health official in the state of origin within 7 calendar days after issuance. The chief livestock health official shall file the certificate with the department within 7 calendar days of receipt. If the state of origin does not have a chief livestock health official that submits certificates of veterinary inspection for a particular species, the veterinarian who signs the certificate shall file copies with the department within 7 calendar days after issuance.
ATCP 10.06(6)(b) (b) Whenever a Wisconsin certified veterinarian issues an interstate certificate of veterinary inspection for export or intrastate movement of Wisconsin animals, the veterinarian shall file a copy of the certificate with the department within 7 calendar days after issuance. If the animals are being exported, the department shall file a copy of the certificate with the chief livestock health official of the state of destination within 7 calendar days after receipt.
ATCP 10.06(6)(c) (c) Whenever the department receives a certificate of veterinary inspection under sub. (1) for imported wild animals, the department shall forward a copy of that certificate to the department of natural resources.
ATCP 10.06 Note Note: Intrastate certificates of veterinary inspection, including those issued under s. ATCP 16.16 (dog sales; certificate of veterinary inspection), are not required to be filed with the department.
ATCP 10.06(7) (7) Animal imported to consignment sale.
ATCP 10.06(7)(a) (a) If an animal is imported on consignment to a livestock dealer or market operator, for sale on behalf of an out-of-state seller, any required certificate of veterinary inspection that accompanies the imported animal shall continue to accompany that animal until the purchaser receives the animal.
ATCP 10.06(7)(b) (b) Whenever a Wisconsin certified veterinarian issues a certificate of veterinary inspection for an imported animal sold on consignment in this state, the certificate may incorporate pertinent health information from the certificate that accompanied the imported animal. The veterinarian may issue the certificate on the same certification form if the form is specifically designed for that purpose, or the veterinarian may issue a separate certificate that includes the following statement or one substantially similar:
“The vaccination record, test results, and source herd information on this certificate have been copied from the incoming certificate of veterinary inspection that was issued by (accredited veterinarian), who certified the information at (address and state of origin) on (date). A copy of the incoming certificate is attached."
ATCP 10.06(7)(c) (c) Within 7 days after a Wisconsin certified veterinarian issues a certificate of veterinary inspection under par. (b), that veterinarian shall file with the department copies of that certificate and the certificate that accompanied the imported animal under par. (a).
ATCP 10.06 Note Note: Certificates of veterinary inspection issued for dogs imported into this state and dogs sold by licensed dog sellers or dog facility operators need to comply with ss. ATCP 10.80 and 16.16. Copies of intrastate certificates of veterinary inspection on dogs are not required to be filed with the department.
ATCP 10.06 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (3) (b) Register June 2008 No. 630, eff. 7-1-08; CR 10-100: am. (1) (b) Register May 2011 No. 665, eff. 6-1-11; CR 11-048: am. (1) (b), (3) (a), (4) (intro.), (c), (5) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: r. (1) (c) 12., am. (6) (a) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (3) (a), (4) (intro.), (j), (5) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (c) 10., (4) (a), (6) (a) (b) Register May 2020 No. 773, eff. 6-1-20.
ATCP 10.07 ATCP 10.07Animal imports.
ATCP 10.07(1)(1)General.
ATCP 10.07(1)(a)(a) Persons importing animals to this state shall comply with applicable import requirements under this chapter and ch. ATCP 12.
ATCP 10.07(1)(b) (b) The state veterinarian may by written notice, or by oral notice confirmed in writing, direct a person to comply with additional import requirements if the state veterinarian determines, based on an epidemiological evaluation of current disease risks in the herd, or state or nation of origin, that those additional requirements are needed to prevent the spread of disease to this state.
ATCP 10.07 Note Note: Whenever the state veterinarian imposes additional import requirements under par. (b), the department will determine whether those import requirements have general application. If the requirements have general application, the department will adopt an emergency rule and promulgate a permanent rule adopting the requirements.
ATCP 10.07 Note If the import requirements under par. (b) do not have general application, they constitute an order under s. 93.07 (10), Stats. A person affected by the order may request a hearing under s. 227.42, Stats., and ch. ATCP 1.
ATCP 10.07 Note Whenever additional import requirements under par. (b) affect imports from an entire state or a substantial portion of a state, the department will notify the chief animal health officer in the affected state.
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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.