Chapter ATCP 10

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.

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

ATCP 10.40(3)(a)1. 1. The legal name and address of the flock owner.

ATCP 10.40(3)(a)2. 2. The address and livestock premises code of the flock premises.

ATCP 10.40(3)(a)3. 3. The number and type of birds in the flock.

ATCP 10.40(3)(a)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)(a)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 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)(b) (b) The Wisconsin associate flock form under par. (a) is valid as long as all birds or eggs introduced to the flock were acquired directly from a flock under this subsection, sub. (2), or s. ATCP 10.41.

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):

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)(c) (c) Paragraph (b) does not apply to a whole flock test of poultry or farm-raised game birds.

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(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 from flocks under sub. (2) or (3) or s. ATCP 10.41, shall do all of the following:

ATCP 10.40(7)(a)1. 1. Fill out, retain for at least 3 years, and make available to the department for inspection and copying upon request, a copy of the sale information on a form provided by the department.

ATCP 10.40(7)(a)2. 2. Provide, to the buyer, a copy of the current Wisconsin tested flock form under sub. (2), Wisconsin associate flock form under sub. (3), or flock enrollment certificate under s. ATCP 10.41.

ATCP 10.40(7)(b) (b) A person who sells poultry meeting the criteria under sub. (1) (d) shall do all of the following:

ATCP 10.40(7)(b)1. 1. Fill out, retain for at least 3 years, and make available to the department for inspection and copying upon request, a copy of the sale information 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 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; CR 18-085: am. (1) (intro.), (title), (a), r. (1) (a) 1., 2., am. (1) (b), (c), r. (1) (d) (intro.), am. (1) (d) 1., r. and recr. (1) (d) 2., (g), consol. (2) (a), (b) (intro.) and renum. (2) (a) (intro.) and am., cr. (2) (b), am. (2) (c) (intro.), r. (2) (e), consol. (3) (a), (b) and renum. (3) (a) (intro.) and am., cr. (3) (b), r. (3) (c), (4) (b) 3., (d), (5), am. (7) (a), (b) (intro.), 1., r. (8) Register May 2020 No. 773, eff. 6-1-20; renum. (1) (a) (intro.), (2) (b) 1. to 4., (3) (b) 1. to 5. to (1) (a), (2) (a) 1. to 4., (3) (a) 1. to 5. under s. 13.92 (4) (b) 1., Stats., correction in (4) (b) (intro.) made under s. 13.92 (4) (b) 7., Stats., and correction in (3) (b), (7) (a) (intro.) made under s. 35.17, Stats., Register May 2020 No. 773.

ATCP 10.41 ATCP 10.41 National 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 following the year of enrollment.

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 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 visiting the department website at http://datcp.wi.gov, or by writing to the following address: