Chapter ATCP 10

ATCP 10.35(5)(b) (b) A veterinarian employed by the department or the federal bureau shall collect the test sample for any retest under par. (a). The veterinarian shall verify that the retested animal is the same animal originally tested. The veterinarian shall collect the retest sample at least 14 days after the department receives the retest request, but not more than 45 days after the initial test sample was collected.

ATCP 10.35(5)(c) (c) If a retest result is negative, the department may do any of the following:

ATCP 10.35(5)(c)1. 1. Release the quarantine issued under sub. (4) (a).

ATCP 10.35(5)(c)2. 2. Conduct additional testing to clarify the disease status of the animal.

ATCP 10.35(6) (6) Branding order.

ATCP 10.35(6)(a) (a) The state veterinarian shall issue a branding order for each test positive animal quarantined under sub. (4) (a), unless one of the following applies:

ATCP 10.35(6)(a)1. 1. The time for requesting a retest, or a hearing on the quarantine order, has not yet expired.

ATCP 10.35(6)(a)2. 2. A person has made a timely request for hearing on the quarantine order, and the contested case proceeding is not yet completed.

ATCP 10.35(6)(a)3. 3. A person has made a valid request for a retest under sub. (5), and the retest is not yet completed.

ATCP 10.35(6)(a)4. 4. A retest fails to confirm the initial test result.

ATCP 10.35(6)(a)5. 5. The state veterinarian is restrained by a judicial order, or by order of the department secretary or administrative law judge under ch. ATCP 1.

ATCP 10.35(6)(a)6. 6. The department has released its quarantine under sub. (4) (a).

ATCP 10.35(6)(a)7. 7. The state veterinarian determines that branding is not appropriate or necessary.

ATCP 10.35(6)(b) (b) A branding order under par. (a) shall be served on the owner and on the custodian of the animal to be branded. A veterinarian employed by the department or the federal bureau shall execute the branding order by applying a “35a” freeze brand to the left side of the animal’s neck. The veterinarian may not execute the branding order sooner than 14 days after the branding order is served on the owner and custodian of the animal, unless the owner and custodian consent in writing to the branding. No person may, except by judicial or administrative process, prevent the lawful execution of a branding order under this paragraph.

ATCP 10.35 Note Note: A person adversely affected by a branding order may request a hearing on the order, pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay the branding order.

ATCP 10.35(6)(d) (d) An equine animal branded under par. (b) shall be kept in a stall or other facility from which flies are effectively excluded, or at least 300 yards from all equine animals that are not known to be infected.

ATCP 10.35 Note Note: Equine infectious anemia is spread by biting flies.

ATCP 10.35 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (1) (a), r. (6) (c) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: cons. (1) (a) (intro.) and 1. and renum. to (1) (a) and am., r. (1) (a) 2., am. (1) (b) 3. Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (1) (a) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (b) 3., 4. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.36 ATCP 10.36 Equine animals; imports.

ATCP 10.36(1) (1) Certificate of veterinary inspection; requirement. Except as provided in sub. (2), no person may import an equine animal into this state unless the animal is accompanied by a valid certificate of veterinary inspection. The certificate shall include all of the following:

ATCP 10.36(1)(a) (a) The official individual identification of the equine animal.

ATCP 10.36(1)(b) (b) A report of a negative test for equine infectious anemia if required by sub. (3).

ATCP 10.36(2) (2) Certificate of veterinary inspection; exemptions. Subsection (1) does not apply to any of the following:

ATCP 10.36(2)(a) (a) An animal imported directly to a slaughtering establishment for slaughter.

ATCP 10.36(2)(c) (c) An animal imported directly to a veterinary facility for treatment, provided that the animal is returned to its place of origin immediately after treatment.

ATCP 10.36(2)(d) (d) An animal returning to its place of origin in this state immediately after treatment in a veterinary facility outside this state.

ATCP 10.36(2)(e) (e) An animal imported for a trail ride, horse show, or exhibition if all the following apply:

ATCP 10.36(2)(e)1. 1. Ownership does not change while the animal is in this state.

ATCP 10.36(2)(e)2. 2. The animal remains in this state for no more than 7 days.

ATCP 10.36(2)(e)3. 3. The animal is accompanied by a report of a negative equine infectious anemia test that complies with sub. (3).

ATCP 10.36(2)(e)4. 4. The animal originates from a state that allows Wisconsin equine animals to attend trail rides, horse shows, or exhibitions in that state under similar conditions.

ATCP 10.36(3) (3) Equine infectious anemia test; requirement. Except as provided in sub. (4), no person may import any equine animal into this state unless the animal has tested negative on an equine infectious anemia test conducted no more than 12 months from the date the blood was drawn for the test to the date the animal is imported into this state.

ATCP 10.36(4) (4) Equine infectious anemia test; exemptions. Subsection (3) does not apply as specified under s. ATCP 10.35 (1) (b) and as follows:

ATCP 10.36(4)(c) (c) An animal imported directly to a veterinary facility for treatment, provided that the animal is returned to its place of origin immediately after treatment.

ATCP 10.36(4)(d) (d) An animal returning to its place of origin in this state immediately after treatment in a veterinary facility outside this state.

ATCP 10.36(5) (5) Equine infectious anemia; test positive animals.

ATCP 10.36(5)(a) (a) No person may import an equine animal that has tested positive for equine infectious anemia.

ATCP 10.36(5)(b) (b) If an equine animal tests positive for equine infectious anemia under s. ATCP 10.35 (1) (b) 3. or 4. after it enters this state, the owner or custodian of the animal shall do one of the following:

ATCP 10.36(5)(b)1. 1. Euthanize the animal on the premises where it is located.

ATCP 10.36(5)(b)2. 2. Ship the animal directly to a slaughtering establishment for slaughter, pursuant to a department permit under s. ATCP 10.08 (3).

ATCP 10.36(5)(b)3. 3. Return the animal to its state of origin, pursuant to a department permit under s. ATCP 10.08 (3).

ATCP 10.36 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 13-058: cons. (3) (intro.) and (a) and renum. to (3) and am., r. (3) (b), am. (4) (b) (intro.), 1., 2. Register March 2014 No. 699, eff. 6-1-14; CR15-092: am. (3) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (4) (intro.), r. (4) (a), (b), (e), am. (5) (b) (intro.) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.37 ATCP 10.37 Foreign equine imports; quarantine station.

ATCP 10.37(1) (1) Equines at risk for equine metritis.

ATCP 10.37(1)(a) (a) No person may receive in this state any stallion or mare imported from another nation in which contagious equine metritis has been reported unless all of the following apply:

ATCP 10.37(1)(a)1. 1. The stallion or mare is imported directly to an approved equine quarantine station in a sealed vehicle that has been sealed at a place, and by an agent, approved by the federal bureau. The vehicle seal may not be removed, except at an approved equine quarantine station by an authorized employee or agent of the department.

ATCP 10.37(1)(a)2. 2. The applicant pays a nonrefundable $100 permit fee and the department issues a permit under s. ATCP 10.07 (2) authorizing the import shipment. A copy of the permit shall accompany the shipment.

ATCP 10.37(1)(b) (b) All equine animals, including test mares, which are received at an approved equine quarantine station shall be identified with an official individual identification.

ATCP 10.37(2) (2) Quarantine. An imported equine animal received at an approved equine quarantine station is automatically quarantined until the department releases the quarantine. A quarantined animal may not be removed from the quarantine station, or commingled with other equine animals at the quarantine station, except that a written agreement under sub. (5) may permit contact between a quarantined stallion and a test mare. A test mare that has been in contact with an imported quarantined stallion is also quarantined until the department releases the quarantine.

ATCP 10.37(3) (3) Approved equine quarantine station; permit. A quarantine station does not qualify as an approved equine quarantine station unless the operator holds a current annual permit from the department. Each permit shall bear a livestock premises code. A permit expires on June 30 of each year. An operator shall apply for a permit on a form provided by the department. The department shall grant or deny a permit application within 90 days after it receives a complete application. An application shall include all of the following:

ATCP 10.37(3)(a) (a) The legal name and mailing address of the applicant, and any trade or business name under which the applicant operates the quarantine station.

ATCP 10.37(3)(b) (b) A statement indicating whether the applicant is an individual, corporation, partnership, cooperative, limited liability company, trust, or other legal entity.

ATCP 10.37(3)(c) (c) The location of the quarantine station, by street address and county, or if the address is not available, by county, town, section, and fire number.

ATCP 10.37(3)(d) (d) The name and address of the Wisconsin certified veterinarian who will perform all identification, handling, testing, and treatment of equine animals at the quarantine station according to sub. (5).

ATCP 10.37(3)(e) (e) Additional information, if any, required under s. ATCP 17.02 (4) for purposes of livestock premises registration.

ATCP 10.37(3)(f) (f) Other relevant information required by the department.

ATCP 10.37(3)(g) (g) A nonrefundable annual permit fee of $100.

ATCP 10.37(4) (4) Construction requirements; sanitary operation. An approved equine quarantine station shall be constructed and maintained to prevent any violation of sub. (2), and shall be kept in a clean and sanitary condition.

ATCP 10.37(5) (5) Testing and treatment procedures; written agreement. Before the department issues any permit under sub. (3) for an approved equine quarantine station, the operator and the Wisconsin certified veterinarian designated under sub. (3) (d) shall enter into a written agreement with the department. The agreement shall establish the procedures and protocols that will be used to identify, handle, test, and treat equine animals quarantined at the station. The approved equine quarantine station shall be operated in compliance with the agreed procedures and protocols. The designated veterinarian shall perform the procedures and protocols, except as otherwise authorized by the department.

ATCP 10.37(6) (6) Records.

ATCP 10.37(6)(a) (a) The operator of an approved equine quarantine station shall keep complete and accurate records, including all of the following:

ATCP 10.37(6)(a)1. 1. For each equine animal received at the quarantine station, the animal’s official individual identification, date of arrival, date of removal, and owner’s name and address.

ATCP 10.37(6)(a)2. 2. A complete record of the procedures and protocols used to identify, handle, test, and treat each equine animal.

ATCP 10.37(6)(b) (b) The operator shall keep each record under par. (a) for at least 5 years, and shall make the record available for inspection and copying by the department upon request.

ATCP 10.37 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (1) (a) 2., cr. (3) (g) Register June 2008 No. 630, eff. 7-1-09; CR 07-107: am. (1) (a) 2. Register November 2008 No. 635, eff. 12-1-08; CR 15-092: am. (3) (c) Register July 2016 No. 727, eff. 10-1-16.

subch. VI of ch. ATCP 10 Subchapter VI — Poultry and Farm-Raised Game Birds

ATCP 10.40 ATCP 10.40 Poultry and farm-raised game birds; requirements for birds and eggs exhibited at fairs or poultry shows.

ATCP 10.40(1) (1) Birds and eggs exhibited at fairs or poultry shows. No person may exhibit poultry or farm-raised game birds or their eggs at a fair or poultry show, unless one of the following applies:

ATCP 10.40(1)(a) (a) Documentation that the birds or eggs currently reside in a flock that is enrolled in the national poultry improvement plan under s. ATCP 10.41.

ATCP 10.40(1)(b) (b) Documentation that the birds or eggs currently reside in a flock that qualifies as an affiliate flock under the national poultry improvement plan.

ATCP 10.40(1)(c) (c) Documentation that the birds or eggs currently reside in a flock that documents that it is a Wisconsin tested flock under sub. (2) or a Wisconsin associate flock under sub. (3).

ATCP 10.40(1)(d) (d)

ATCP 10.40(1)(d)1. 1. Documentation that individual birds 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 poultry show shall be completed before the birds arrive at the fair or poultry show.

ATCP 10.40(1)(d)2. 2. Only sexually mature birds may be individually tested under this paragraph. A sexually mature bird is over 4 months old except that, in the case of turkeys, it is a bird over 6 months old. Eggs and sexually immature birds may not be tested under this paragraph.

ATCP 10.40(1)(e) (e) The birds or eggs are pigeons or pigeon eggs.

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 shall document that the flock is a Wisconsin tested flock by completing a form provided by the department. The form shall include all of the following:

ATCP 10.40(2)(a)1. 1. The legal name and address of the flock owner.

ATCP 10.40(2)(a)2. 2. The address and livestock premises code of the flock premises.

ATCP 10.40(2)(a)3. 3. The approximate size of the flock, and the type of birds included in the flock.

ATCP 10.40(2)(a)4. 4. Disease testing information under par. (c).

ATCP 10.40 Note Note: A flock owner may request a Wisconsin tested flock form 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)(b) (b) The Wisconsin tested flock form under par. (a) shall be valid one year from the date that tests were conducted under par. (c).

ATCP 10.40(2)(c) (c) A Wisconsin tested flock form under par. (a) shall include proof that all sexually mature birds in the flock have tested negative as specified under sub. (4) for all of the following:

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.