Chapter ATCP 10

ATCP 10.84(3)(a) (a) Prairie dogs.

ATCP 10.84(3)(b) (b) Any of the following rodents from Africa:

ATCP 10.84(3)(b)1. 1. Tree squirrels.

ATCP 10.84(3)(b)2. 2. Rope squirrels.

ATCP 10.84(3)(b)3. 3. Dormice.

ATCP 10.84(3)(b)4. 4. Gambian giant pouched rat.

ATCP 10.84(3)(b)5. 5. Brush-tailed porcupine.

ATCP 10.84(3)(b)6. 6. Striped mice.

ATCP 10.84(4) (4) Exemptions. The department may issue an import permit under s. ATCP 10.07 (2) for an animal identified in sub. (3) if all of the following apply:

ATCP 10.84(4)(a) (a) The department complies with sub. (2).

ATCP 10.84(4)(b) (b) One of the following applies:

ATCP 10.84(4)(b)1. 1. The animal is imported directly to an institution accredited by the association of zoos and aquariums, or to a wildlife exhibition licensed by USDA.

ATCP 10.84(4)(b)2. 2. The animal is imported directly to a research facility that, in the department’s judgment, is a bona fide research facility.

ATCP 10.84(4)(b)3. 3. The animal is imported directly to a veterinary facility for treatment, provided that the animal is returned to its place of origin immediately after treatment and there is no change of ownership while the animal is in this state.

ATCP 10.84(4)(b)4. 4. The animal is returning directly to its place of origin in this state following veterinary treatment in another state, provided there was no change of ownership while the animal was outside this state.

ATCP 10.84 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 13-058: am. (4) (b) 1. Register March 2014 No. 699, eff. 6-1-14; CR 18-085: am. (4) (b) 4. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.85 ATCP 10.85 South American camelids; imports. No person may import a South American camelid into this state unless the South American camelid is accompanied by a valid certificate of veterinary inspection. The certificate shall include the official individual identification of the South American camelid.

ATCP 10.85 History History: CR 07-107: cr. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. Register March 2014 No. 699, eff. 6-1-14.

ATCP 10.86 ATCP 10.86 Elephant imports.

ATCP 10.86(1) (1) Certificate of veterinary inspection. No person may import an elephant into this state unless a valid certificate of veterinary inspection accompanies the animal. The certificate shall include the following information:

ATCP 10.86(1)(a) (a) The import permit number under sub. (2).

ATCP 10.86(1)(b) (b) A report of a negative tuberculosis test under sub. (3).

ATCP 10.86(2) (2) Import permit. No person may import an elephant into this state without an import permit under s. ATCP 10.07 (2).

ATCP 10.86(3) (3) Tuberculosis test required.

ATCP 10.86(3)(a) (a) Except as provided under par. (b), no person may import an elephant into this state unless the elephant tests negative on a tuberculosis test that is approved by the department. At least one approved tuberculosis test shall be conducted not more than 365 days prior to the import date.

ATCP 10.86 Note Note: To obtain a list of tuberculosis tests approved for elephants, contact the department at the following address:

ATCP 10.86 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
Phone: [phone]

ATCP 10.86(3)(b) (b) Paragraph (a) does not apply to an elephant imported directly to an institution accredited by the association of zoos and aquariums. An animal imported to an accredited institution under this paragraph may not be moved to any place in Wisconsin that is not an accredited institution unless the animal tests negative on a tuberculosis test approved by the department. The test shall be conducted not more than 365 days before the animal is moved.

ATCP 10.86(4) (4) Owner statement regarding tuberculosis exposure. No person may import an elephant into this state without a written statement by the owner specifying that the elephant has not been exposed to mycobacterium tuberculosis within 5 years prior to the date of import. If the elephant has been exposed to mycobacterium tuberculosis within 5 years prior to the date of import, the person may not import the elephant into this state unless the elephant has met additional tuberculosis testing requirements specified by the state veterinarian.

ATCP 10.86 History History: CR 15-092: cr. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (3) (b) Register May 2020 No. 773, eff. 6-1-20.

subch. XII of ch. ATCP 10 Subchapter XII — Fairs and Exhibitions

ATCP 10.87 ATCP 10.87 Fairs and exhibitions.

ATCP 10.87(1) (1) Organizer responsibilities. The organizer of a fair or exhibition shall do all of the following:

ATCP 10.87(1)(a) (a) Comply with this section, and ensure that all exhibitors comply.

ATCP 10.87(1)(b) (b) Obtain, review, and keep in writing all of the information required under sub. (2) (b). The organizer may keep the written information in electronic form. The organizer shall keep the information for at least 5 years, and shall make it available to the department for inspection and copying upon request.

ATCP 10.87(1)(c) (c) Appoint a licensed veterinarian to conduct a daily inspection of the exhibited animals, if the fair or exhibition lasts for more than 24 hours.

ATCP 10.87 Note Note: A “fair,” as defined in s. ATCP 10.01 (41), means a state, county, or district fair. An “exhibition,” as defined in s. ATCP 10.01 (37), means an organized fair, swap meet, rodeo, trail ride, show, or other organized event at which animals owned by different persons are brought together and exhibited on the same premises. An “exhibition” does not include any of the following:

ATCP 10.87 Note • An animal market.

ATCP 10.87 Note • An exhibition operated by an institution accredited by the association of zoos and aquariums.

ATCP 10.87 Note • A wild animal exhibition operated pursuant to a permit from the Wisconsin department of natural resources.

ATCP 10.87(1)(d) (d)

ATCP 10.87(1)(d)1. 1. Keep all of the following information for any swine meeting the criteria under s. ATCP 10.32 (2) (b) 2. that participate at the fair or exhibition:

ATCP 10.87(1)(d)1.a. a. A record of any swine that were transported directly to a slaughtering establishment.

ATCP 10.87(1)(d)1.b. b. A record of any swine that were transported to an animal market where all the animals sold at the market sale for that day were shipped directly to a slaughtering establishment.

ATCP 10.87(1)(d)2. 2. The organizer shall keep the records required under subd. 1. in written or electronic form, keep the records for at least 5 years, and make the records available to the department for inspection and copying upon request.

ATCP 10.87(2) (2) Exhibitor responsibilities. A person who exhibits an animal at a fair or exhibition shall do all of the following:

ATCP 10.87(2)(a) (a) Comply with applicable requirements under this chapter related to the movement and exhibition of animals.

ATCP 10.87(2)(b) (b) Provide all of the following to the organizer of the fair or exhibition:

ATCP 10.87(2)(b)1. 1. The exhibitor’s name and address.

ATCP 10.87(2)(b)2. 2. The number, type, description and official individual identification, if official individual identification is required under this chapter, of animals exhibited. If official individual identification is not required, identifying information of animals exhibited, including number, type, and description.

ATCP 10.87(2)(b)3. 3. Appropriate and reliable documentation to show compliance with disease testing and other health requirements under this chapter.

ATCP 10.87 Note Note: Documentation may include certificates of veterinary inspection or other appropriate and reliable documentation.

ATCP 10.87(2)(b)4. 4. The livestock premises code, if any, of the premises from which the animals originate.

ATCP 10.87(2)(b)5. 5. Appropriate and reliable documentation to show that the animals were lawfully imported or moved to the fair or exhibition.

ATCP 10.87(3) (3) Swine.

ATCP 10.87(3)(a) (a) No person may exhibit swine at a fair or exhibition unless the swine are accompanied by a certificate of veterinary inspection. The certificate shall certify that the veterinarian has inspected the entire herd of origin within the past 30 days and that no apparent disease was present at the time of inspection. The certificate shall also include a report of test results, herd classification, or other health information that the exhibitor relies upon to document compliance with this subsection.

ATCP 10.87(3)(b) (b) No person may exhibit any breeding swine at a fair or exhibition unless the exhibitor documents one of the following:

ATCP 10.87(3)(b)1. 1. The swine tested negative for pseudorabies in a pseudorabies test performed not more than 30 days before the person moves the swine to the fair or exhibition.

ATCP 10.87(3)(b)2. 2. The swine originate from a qualified pseudorabies negative herd or a qualified pseudorabies negative grow-out herd in this state.

ATCP 10.87(3)(b)3. 3. The swine originate from a state or area that the federal bureau has currently designated as a pseudorabies stage IV or V state or area.

ATCP 10.87(3)(c) (c) No person may exhibit non-breeding swine at a fair or exhibition unless one of the following applies:

ATCP 10.87(3)(c)1. 1. All breeding swine have been removed from the premises of the fair or exhibition before the non-breeding swine arrive, and the non-breeding swine are shipped directly from the fair or exhibition to a slaughtering establishment for slaughter.

ATCP 10.87(3)(c)2. 2. The exhibitor documents that the swine tested negative for pseudorabies in a test performed within 30 days before the swine are exhibited.

ATCP 10.87(3)(c)3. 3. The exhibitor documents that non-breeding swine originate from a qualified pseudorabies negative herd or qualified negative pseudorabies grow-out herd in this state.

ATCP 10.87(3)(c)4. 4. The exhibitor documents that the swine originate from a state or area that the federal bureau has currently designated as a pseudorabies stage IV or V state or area.

ATCP 10.87(4) (4) Bovine animals.

ATCP 10.87(4)(a) (a) Bovine animals infected with mange, scab, ringworm, or warts may not be exhibited at any fair or exhibition. Animals showing evidence of infection shall be isolated from other susceptible animals and shall be removed from the premises.

ATCP 10.87(4)(b) (b) Paragraph (a) does not apply to animals with ringworm or wart lesions if, in the opinion of the veterinarian in charge of the fair or exhibition, the lesions are inactive and not capable of transmitting the disease.

ATCP 10.87(5) (5) Poultry and farm-raised game birds. No person may exhibit poultry or farm-raised game birds at a fair or exhibition unless the exhibitor documents compliance with s. ATCP 10.40.

ATCP 10.87(6) (6) Equine animals.

ATCP 10.87(6)(a) (a) Except as provided in par. (b), no person may exhibit any equine animal at a fair or exhibition unless the exhibitor documents the animal has tested negative on an equine infectious anemia test conducted within 12 months from the date the blood was drawn for the test to the date on which the animal is first exhibited.

ATCP 10.87(6)(b) (b) Paragraph (a) does not apply to a nursing foal accompanying its dam if the dam has tested negative for equine infectious anemia according to par. (a).

ATCP 10.87(7) (7) Sheep. No person may exhibit a sheep at a fair or exhibition unless the exhibitor documents that the sheep bears official individual identification as required in s. ATCP 10.70.

ATCP 10.87(8) (8) Goats. No person may exhibit a goat at a fair or exhibition unless the exhibitor documents that the goat bears official individual identification as required in s. ATCP 10.77.

ATCP 10.87 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (3) (a) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: cons. (6) (a) (intro.) and 1. and renum. (6) (a) and am., r. (6) (a) 2. Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (1) (b), (3) (b) 1., (6) (a) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (a), renum. (1) (c) (intro.) to (1) (c) and am., r. (1) (c) 1., 2., cr. (1) (d), am. (2) (b) 2., 3., 5. Register May 2020 No. 773, eff. 6-1-20.

subch. XIII of ch. ATCP 10 Subchapter XIII — Enforcement

ATCP 10.89 ATCP 10.89 Quarantines.

ATCP 10.89(1) (1) Quarantine order.

ATCP 10.89(1)(a) (a) The department may, without prior notice or hearing, issue an order quarantining domestic animals or captive wild animals in this state for any of the following purposes:

ATCP 10.89(1)(a)1. 1. To prevent, suppress, control, or eradicate contagious, infectious, or communicable diseases that may affect animals, or that may be transmitted from animals to humans.

ATCP 10.89(1)(a)2. 2. To prevent the movement or commingling of animals pending further testing, diagnosis, traceback, or investigation related to known or suspected disease.

ATCP 10.89(1)(a)3. 3. To protect the health of animals located in this state and of humans residing in this state, relating to the importation, movement, and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department determines are necessary.

ATCP 10.89(1)(b) (b) A quarantine order under par. (a) may prohibit the commingling of animals, the movement of quarantined animals, the movement of animals from quarantined premises, or the movement of animals onto quarantined premises without department approval.

ATCP 10.89(1)(c) (c) No person may move any animal in violation of a quarantine order under par. (a), or fail to comply with the terms and conditions of a quarantine order.

ATCP 10.89(2) (2) Service of quarantine order.

ATCP 10.89(2)(a) (a) Except as provided under par. (b), a quarantine order under sub. (1) shall be served upon a person having custody or control of the quarantined animals, or shall be posted on the premises affected by the quarantine order. A quarantine order under this paragraph may be served by any of the following methods:

ATCP 10.89(2)(a)1. 1. Personal service.

ATCP 10.89(2)(a)2. 2. Certified mail.

ATCP 10.89(2)(a)3. 3. Posting a copy of the order at 2 conspicuous places on the premises affected by the quarantine.