Chapter ATCP 10

ATCP 10.26(8)(a) (a) A herd plan is an agreement, between the department and an owner of swine, for the eradication of pseudorabies. A herd plan shall comply with the pseudorabies national eradication standards, based on the state’s current program stage for control of pseudorabies.

ATCP 10.26 Note Note: The pseudorabies national eradication 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 10.26 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.26(8)(b) (b) An owner of swine may enter into a herd plan within 60 days after the department quarantines those swine. The department may extend the deadline date for good cause. If a herd owner fails to enter into a herd plan by the deadline date, the herd owner is no longer eligible for indemnities if the department condemns the swine under sub. (7).

ATCP 10.26(8)(c) (c) A herd plan shall be designed to eradicate pseudorabies within 24 months after the herd plan is signed, or within 24 months after the department quarantines the herd, whichever occurs first. The department may extend the eradication deadline for good cause.

ATCP 10.26(8)(d) (d) The department shall periodically review and document a herd owner’s performance under a herd plan. If a herd owner fails or refuses to comply with a herd plan, the department may issue a notice revoking the herd owner’s eligibility for indemnities on swine condemned under sub. (7). The state veterinarian may issue the notice on behalf of the department.

ATCP 10.26 Note Note: A herd owner may request a hearing on a notice under par. (d), pursuant to ch. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay the condemnation order.

ATCP 10.26(9) (9) Movement of quarantined or exposed swine.

ATCP 10.26(9)(a) (a) Swine that are infected with pseudorabies, or that are part of a herd quarantined for pseudorabies, shall be held separate and apart from all other swine until slaughtered. Swine that come in contact with infected swine, or with swine from a quarantined herd, are considered exposed swine.

ATCP 10.26(9)(b) (b) No quarantined swine or exposed swine may be moved, except as authorized by the department in a permit under s. ATCP 10.08 (3).

ATCP 10.26(9)(c) (c) Whenever the department authorizes the movement of swine quarantined for pseudorabies, the department shall take reasonable steps to notify other herd owners who may be adversely affected by the movement. The department shall, if practicable, issue a written notice to the other herd owners at least 10 days before the swine are moved.

ATCP 10.26 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 18-085: am. (4) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.27 ATCP 10.27 Swine pseudorabies; herd certification.

ATCP 10.27(1) (1) Qualified pseudorabies negative herd. The department may certify a herd of swine as a qualified pseudorabies negative herd if the herd qualifies for that certification under the pseudorabies national eradication standards. Every certification application shall include a nonrefundable fee of $80 for each year of certification. To maintain the certification, the herd owner shall comply with applicable requirements under the pseudorabies national eradication standards.

ATCP 10.27 Note Note: Sub. (1) is shown as affected eff. 9-1-26 by CR 25-056. Prior to 9-1-26 it reads:

ATCP 10.27 Note (1) Qualified pseudorabies negative herd. The department may certify a herd of swine as a qualified pseudorabies negative herd if the herd qualifies for that certification under the pseudorabies national eradication standards. Every certification application shall include a nonrefundable fee of $50 for each year of certification. To maintain the certification, the herd owner shall comply with applicable requirements under the pseudorabies national eradication standards.

ATCP 10.27 Note Note: The pseudorabies national eradication 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 be obtained by writing to the following address:

ATCP 10.27 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.27(2) (2) qualified pseudorabies negative grow-out herd. The department may certify a herd of swine as a qualified pseudorabies negative grow-out herd if the herd qualifies for that certification under the pseudorabies national eradication standards. Every certification application shall include a nonrefundable fee of $80 for each year of certification. To maintain the certification, the herd owner shall comply with applicable requirements under the pseudorabies national eradication standards.

ATCP 10.27 Note Note: Sub. (2) is shown as affected eff. 9-1-26 by CR 25-056. Prior to 9-1-26 it reads:

ATCP 10.27 Note (2) Qualified pseudorabies negative grow-out herd. The department may certify a herd of swine as a qualified pseudorabies negative grow-out herd if the herd qualifies for that certification under the pseudorabies national eradication standards. Every certification application shall include a nonrefundable fee of $50 for each year of certification. To maintain the certification, the herd owner shall comply with applicable requirements under the pseudorabies national eradication standards.

ATCP 10.27 Note Note: The pseudorabies national eradication 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 be obtained by writing to the following address:

ATCP 10.27 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.27(3) (3) feeder swine pseudorabies monitored herd. The department may certify a herd of swine as a feeder swine pseudorabies monitored herd if the herd qualifies for that certification under the pseudorabies national eradication standards. Every certification application shall include a nonrefundable fee of $80 for each year of certification. To maintain the certification, the herd owner shall comply with applicable requirements under the pseudorabies national eradication standards.

ATCP 10.27 Note Note: Sub. (3) is shown as affected eff. 9-1-26 by CR 25-056. Prior to 9-1-26 it reads:

ATCP 10.27 Note (3) Feeder swine pseudorabies monitored herd. The department may certify a herd of swine as a feeder swine pseudorabies monitored herd if the herd qualifies for that certification under the pseudorabies national eradication standards. Every certification application shall include a nonrefundable fee of $50 for each year of certification. To maintain the certification, the herd owner shall comply with applicable requirements under the pseudorabies national eradication standards.

ATCP 10.27 Note Note: The pseudorabies national eradication 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 be obtained by writing to the following address:

ATCP 10.27 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.27(4) (4) Suspending or revoking certification.

ATCP 10.27(4)(a) (a) The department may summarily suspend or revoke any certification under this section if any of the following occur:

ATCP 10.27(4)(a)1. 1. An animal in the herd tests positive for pseudorabies.

ATCP 10.27(4)(a)2. 2. The herd owner fails to comply with certification requirements.

ATCP 10.27(4)(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 10.27 Note Note: A herd owner affected by a suspension or revocation 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 the summary suspension or revocation.

ATCP 10.27 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (1) to (3) Register June 2008 No. 630, eff. 7-1-09; CR 25-056: am. (1) to (3) Register June 2026 No. 846, eff. 9-1-26.

ATCP 10.28 ATCP 10.28 Swine brucellosis; testing and control. Brucellosis testing and control requirements are specified under s. ATCP 10.052.

ATCP 10.28 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 18-085: r. and recr. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.29 ATCP 10.29 Swine brucellosis-free herd; certification.

ATCP 10.29(1) (1) Certification. The department may certify a herd of swine as a validated 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 $80 for each year of certification. To maintain the herd certification, the herd owner shall comply with applicable requirements under the brucellosis uniform methods and rules.

ATCP 10.29 Note Note: Sub. (1) is shown as amended eff. 9-1-26 by CR 25-056. Prior to 9-1-26 it reads:

ATCP 10.29 Note (1) Certification. The department may certify a herd of swine as a validated 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 each year of certification. To maintain the herd certification, the herd owner shall comply with applicable requirements under the brucellosis uniform methods and rules.

ATCP 10.29 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 10.29 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.29(2) (2) Suspending or revoking certification.

ATCP 10.29(2)(a) (a) The department may summarily suspend or revoke a certification under sub. (1) if any of the following occur:

ATCP 10.29(2)(a)1. 1. A swine in the herd tests positive for brucellosis.

ATCP 10.29(2)(a)2. 2. The herd owner fails to comply with sub. (1).

ATCP 10.29(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 10.29 Note Note: A herd owner affected by a suspension or revocation 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 10.29 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 25-056: am. (1) Register June 2026 No. 846, eff. 9-1-26.

ATCP 10.30 ATCP 10.30 Swine imports.

ATCP 10.30(1) (1) Certificate of veterinary inspection.

ATCP 10.30(1)(a) (a) Requirement. Except as provided in par. (b), no person may import a swine into this state unless the swine is accompanied by a valid certificate of veterinary inspection. The certificate shall include all of the following information:

ATCP 10.30(1)(a)1. 1. The official individual identification of the swine.

ATCP 10.30 Note Note: A person may use, as the official individual identification of feeder swine, the premises identification of the premises where the feeder swine originated. See s. ATCP 10.30 (1) (a) 1.

ATCP 10.30(1)(a)2. 2. The import permit number if an import permit is required under sub. (2).

ATCP 10.30(1)(a)4. 4. If sub. (3) (a) applies, the identification number of the pseudorabies qualified negative herd or pseudorabies qualified negative grow-out herd from which the swine originates, and the date of the last herd qualifying test.

ATCP 10.30(1)(a)5. 5. If sub. (4) (a) applies, a report of a negative brucellosis test conducted not more than 30 days before the swine enters this state.

ATCP 10.30(1)(a)6. 6. Any other information required under this section.

ATCP 10.30(1)(b) (b) Exemptions. Paragraph (a) does not apply to any of the following:

ATCP 10.30(1)(b)1. 1. Swine imported directly to a slaughtering establishment for slaughter.

ATCP 10.30(1)(b)2. 2. Commercial swine imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4).

ATCP 10.30 Note Note: Section ATCP 10.07 (4) (c) prohibits the operator of a federally approved livestock marketing facility from releasing imported swine to a location in this state unless the swine meet import requirements under this chapter. Animals shipped directly to slaughter are exempt from certain import requirements that would otherwise apply.

ATCP 10.30(1)(b)3. 3. A commercial swine imported directly to a veterinary facility for treatment, provided that the swine is returned to its place of origin immediately following treatment and there is no change of ownership while the swine is in this state.

ATCP 10.30(1)(b)4. 4. A commercial swine returning directly to its place of origin in this state following treatment in a veterinary facility outside this state, provided that the swine was shipped directly to the veterinary facility and there was no change of ownership while the swine was outside the state for veterinary treatment.

ATCP 10.30(1)(c) (c) Prompt delivery to department. Within 24 hours after a veterinarian issues a certificate of veterinary inspection for swine that are being imported to this state from a state designated as a pseudorabies stage I, II or III state by the federal bureau, the veterinarian shall deliver a copy of that certificate to the department. The veterinarian may deliver the certificate by fax or other electronic transmission.

ATCP 10.30(2) (2) Import permit.

ATCP 10.30(2)(a) (a) Requirement. Except as provided in par. (b), no person may import any swine into this state without an import permit under s. ATCP 10.07 (2).

ATCP 10.30(2)(b) (b) Exemptions. Paragraph (a) does not apply to any of the following:

ATCP 10.30(2)(b)1. 1. Swine imported directly to a slaughtering establishment for slaughter.

ATCP 10.30(2)(b)2. 2. Commercial swine imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4).

ATCP 10.30(2)(b)3. 3. Commercial swine originating from a state designated as a pseudorabies stage IV or V state by the federal bureau.

ATCP 10.30(2)(b)4. 4. Micro pigs imported directly to a laboratory pursuant to an import permit under sub. (9).

ATCP 10.30(2)(b)5. 5. Swine under sub. (1) (b) 3. and 4.

ATCP 10.30(2)(c) (c) Permit application. An application for a permit under par. (a) shall comply with s. ATCP 10.07 (2) and shall also include the following information if sub. (3) (a) applies:

ATCP 10.30(2)(c)1. 1. The identification number of the pseudorabies qualified negative herd or pseudorabies qualified negative grow-out herd from which the swine originate.

ATCP 10.30(2)(c)2. 2. The date of the last herd test that qualified the herd of origin as a pseudorabies qualified negative herd or pseudorabies qualified negative grow-out herd.

ATCP 10.30(2)(d) (d) Herd plan. The department may issue an import permit under par. (a) for animals originating from a state designated as a pseudorabies stage I or II state by the federal bureau if the person receiving the import shipment has entered into a herd plan with the department.

ATCP 10.30(3) (3) Swine must originate from a pseudorabies qualified negative herd.

ATCP 10.30(3)(a) (a) Requirement. Except as provided in par. (b), no person may import swine into this state unless the swine originate from a pseudorabies qualified negative herd or, if the swine originate from an off-site facility, a pseudorabies qualified negative grow-out herd that qualifies on the basis of monthly testing.

ATCP 10.30(3)(b) (b) Exemptions. Paragraph (a) does not apply to any of the following:

ATCP 10.30(3)(b)1. 1. Swine imported directly to a slaughtering establishment for slaughter.

ATCP 10.30(3)(b)2. 2. Commercial swine imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4).

ATCP 10.30(3)(b)3. 3. Commercial swine originating from a state designated as a pseudorabies stage IV or V state by the federal bureau.

ATCP 10.30(3)(b)4. 4. Commercial swine originating from a state designated as a pseudorabies stage III state by the federal bureau, if the swine are imported for feeding for slaughter.

ATCP 10.30(3)(b)5. 5. Breeder swine or show pigs that originate from a state designated as a pseudorabies stage III state by the federal bureau, if the swine or show pigs have tested negative for pseudorabies on a test conducted not more than 30 days before the swine enters this state.

ATCP 10.30(3)(b)6. 6. Micro pigs imported directly to a laboratory pursuant to an import permit under sub. (9).

ATCP 10.30(4) (4) Brucellosis test.

ATCP 10.30(4)(a) (a) Requirement. Except as provided in par. (b), no person may import swine into this state unless the swine test negative on a pre-import brucellosis test conducted not more than 30 days before the swine enter this state.