Chapter ATCP 12

ATCP 12.01(4) (4) “Communicable” means transmissible, either directly or indirectly.

ATCP 12.01(5) (5) “Contagious” means spread by contact, body secretions, or fomites.

ATCP 12.01(6) (6) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 12.01(7) (7) “Diseased” means afflicted with a contagious, infectious, or communicable disease.

ATCP 12.01(8) (8) “Downer animal” means an animal which is in a sitting or prone position and cannot move to a normal standing or upright position under its own power, without application of inhumane stimulus.

ATCP 12.01(8m) (8m) “Equine animal” has the meaning specified under s. 95.68 (1) (am), Stats.

ATCP 12.01(8r) (8r) “Equine market” has the meaning specified under s. 95.68 (1) (b), Stats.

ATCP 12.01(8w) (8w) “Farm-raised deer” has the meaning given in s. 95.001 (1) (ag), Stats., but does not include cervids kept by an institution accredited by the association of zoos and aquariums.

ATCP 12.01(8x) (8x) “Federal bureau” means the animal and plant health inspection service of USDA, or any other unit of USDA, that is vested with authority to administer federal laws and regulations relating to animal disease control.

ATCP 12.01(8y) (8y) “Federally approved livestock marketing facility” means an animal market that complies with s. ATCP 10.07 (4).

ATCP 12.01(9) (9) “Feeder cattle” means bovine animals, other than dairy class females, kept for the sole purpose of feeding prior to slaughter, which are not more than 18 months old as evidenced by the absence of permanent teeth, and whose sexual status is one of the following:

ATCP 12.01(9)(a) (a) Non-spayed female that is not parturient or post-parturient.

ATCP 12.01(9)(b) (b) Spayed heifer.

ATCP 12.01(9)(c) (c) Steer.

ATCP 12.01(10) (10) “Feeder swine” means swine that weigh 80 pounds or less and are kept for the sole purpose of feeding prior to slaughter.

ATCP 12.01(11) (11) “Fomite” means an inanimate object or substance which serves to transfer infectious organisms from one animal to another.

ATCP 12.01(11m) (11m) “Individual” means any of the following, as applicable:

ATCP 12.01(11m)(a) (a) When used as a noun, a natural person.

ATCP 12.01(11m)(b) (b) When used as an adjective, separate and distinct from all others.

ATCP 12.01(12) (12) “Infectious” means caused by a pathogenic agent.

ATCP 12.01(12m) (12m) “Keep farm-raised deer” means to own, rent, lease, or serve as the custodian of farm-raised deer.

ATCP 12.01(12p) (12p) “Keeper of farm-raised deer” means a person who keeps farm-raised deer.

ATCP 12.01(13) (13) “Livestock” means farm animals including bovine animals, sheep, goats, swine other than wild hogs, farm-raised deer, and equine animals.

ATCP 12.01(14) (14) “Market swine” means a barrow which is a castrated boar, or a gilt which is a female that has not reproduced, that are sold for shipment to slaughter.

ATCP 12.01(18) (18) “Official back tag” means an identification back tag issued or approved by the federal bureau or the department.

ATCP 12.01 Note Note: Examples of official back tags include the official Wisconsin bovine back tag and the official Wisconsin swine back tag.

ATCP 12.01(19) (19) “Official ear tag” means an identification ear tag approved by the federal bureau that bears an official individual identification number meeting the requirements of one of the following:

ATCP 12.01(19)(a) (a) The national uniform eartagging system developed by the federal bureau in veterinary services memorandum no. 578.12, revised March 15, 2011.

ATCP 12.01(19)(b) (b) The animal identification number developed by the federal bureau in 9 CFR 86.1 consisting of 15 digits with the first 3 digits of 840.

ATCP 12.01(19)(c) (c) An identification system also approved by the department.

ATCP 12.01(20) (20) “Official individual identification” means a set of identifying characters that is uniquely associated with an individual animal. A specific “official individual identification” and its placement on an animal is differentiated, in part, by animal species, and consists of one of the following:

ATCP 12.01(20)(a) (a) For bovine, an official ear tag attached to the animal.

ATCP 12.01(20)(b) (b) For farm-raised deer, any of the following:

ATCP 12.01(20)(b)1. 1. An official ear tag attached to the animal.

ATCP 12.01(20)(b)2. 2. A federal bureau and department approved microchip implanted in the animal.

ATCP 12.01(20)(c) (c) For equine, any of the following:

ATCP 12.01(20)(c)1. 1. A written or graphic description by a licensed and accredited veterinarian sufficient to identify the individual equine including all of the following:

ATCP 12.01(20)(c)1.a. a. Name.

ATCP 12.01(20)(c)1.b. b. Age.

ATCP 12.01(20)(c)1.c. c. Breed.

ATCP 12.01(20)(c)1.d. d. Color.

ATCP 12.01(20)(c)1.e. e. Sexual status.

ATCP 12.01(20)(c)1.f. f. Distinctive markings.

ATCP 12.01(20)(c)1.g. g. Unique and permanent forms of identification, when present, including brands, tattoos, scars, cowlicks, blemishes, or biometric measurements.

ATCP 12.01(20)(c)2. 2. A federal bureau and department approved microchip implanted in the animal.

ATCP 12.01(20)(c)3. 3. Digital photographs sufficient to identify the individual equine.

ATCP 12.01(20)(d) (d) For poultry, a leg or wing band bearing a number that uniquely identifies the bird.

ATCP 12.01(20)(e) (e) For ratites, a leg band bearing a number that uniquely identifies the ratite.

ATCP 12.01(20)(f) (f) For swine weighing 80 pounds or less, a tattoo or ear tag applied to the animal including a premises identification code or a state registered feeder pig premises tattoo number issued by the department or the authorized animal health agency in the state of origin, or an official ear tag attached to the animal.

ATCP 12.01(20)(g) (g) For breeding swine, one of the following:

ATCP 12.01(20)(g)1. 1. An official ear tag attached to the animal.

ATCP 12.01(20)(g)2. 2. Ear notches for registered swine.

ATCP 12.01(20)(g)3. 3. A unique tattoo or ear tag applied to the animal including a unique premises identification code or state registered feeder pig premises tattoo number issued by the department or the authorized animal health agency in the state of origin, provided that the animal also bears an individual identification number unique to that premises.

ATCP 12.01(20)(g)4. 4. A tattoo on the ear or inner flank of any swine, if the tattoo has been recorded in the book of record of a swine registry association.

ATCP 12.01(20)(h) (h) For goats and sheep, one of the following:

ATCP 12.01(20)(h)1. 1. An official ear tag attached to the animal.

ATCP 12.01(20)(h)2. 2. A federal bureau and department approved microchip if implanted in the animal and the animal is registered with a breed registry, or if the animal is in a scrapie free flock certification program flock or herd. The animal must be accompanied by the animal’s registration documents in the animal owner’s name, or by a certificate of veterinary inspection with the implant number.

ATCP 12.01(20)(h)3. 3. The animal’s breed association or registration tattoo with the management number, accompanied by registration documents in the animal owner’s name.

ATCP 12.01(20)(h)4. 4. A tattoo or ear tag with a unique individual identification number for the animal’s premises along with a tattoo or ear tag of a unique flock identification number issued by the federal bureau.

ATCP 12.01(20)(i) (i) For all other animals, one of the following:

ATCP 12.01(20)(i)1. 1. The animal’s official ear tag attached to the animal.

ATCP 12.01(20)(i)2. 2. The animal’s breed association tattoo.

ATCP 12.01(20)(i)3. 3. The animal’s breed association registration number as documented on the animal’s registration certificate.

ATCP 12.01(20)(i)4. 4. A registration freeze brand number that uniquely identifies the animal.

ATCP 12.01(20)(i)5. 5. A microchip, if the microchip number uniquely identifies the animal and the microchip is implanted in the animal.

ATCP 12.01(20)(i)6. 6. A tattoo number issued by the department.

ATCP 12.01(20)(i)7. 7. A unique premises identification code issued by the department, provided the animal also bears an individual identification number unique to that premises.

ATCP 12.01(20)(i)8. 8. Other identification approved by the department.

ATCP 12.01(23) (23) “Pen” means any enclosure confining animals to a specific area and may include stanchion or tie stalls.

ATCP 12.01(24) (24) “Person” means an individual, corporation, partnership, association, limited liability company, trust, governmental entity, or other organization or entity.

ATCP 12.01(24m) (24m) “Shipment to slaughter” means the movement of Wisconsin origin animals or animals that have met applicable Wisconsin import requirements, from licensed animal market premises or licensed animal dealer premises to a slaughtering establishment with no change in ownership, other than a change in ownership to the licensed slaughtering establishment. The process of “shipment to slaughter” may not exceed 10 consecutive days.

ATCP 12.01 Note Note: A downer animal may not be held by an animal market operator, an animal dealer, or an animal trucker for more than 24 hours. See s. ATCP 12.07.

ATCP 12.01(25) (25) “Slaughtering establishment” means a facility to slaughter animals that is licensed and inspected by the department or by the United States department of agriculture. “Slaughtering establishment” includes all premises used in connection with a slaughter operation, including an intermediate livestock handling facility approved under s. ATCP 10.07 (5).

ATCP 12.01(26) (26) “Swine” means a domestic hog or any variety of wild hog.

ATCP 12.01(26m) (26m) “Trading in livestock or wild animals” means the trading, buying, selling, or swapping of livestock or wild animals.

ATCP 12.01(27) (27) “Wild animal” has the meaning given in s. 95.68 (1) (g), Stats. “Wild animal” does not include a domestic animal identified in s. ATCP 10.02.

ATCP 12.01 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; cr. (8m), (8r), (17) (a) to (c), (17m) and (20) (d) to (h), am. (13), (14) and (15), renum. (17) and (20) (d) to be (17) (intro.) and (20) (i) and am., Register, March, 1995, No. 471, eff. 4-1-95; reprinted to restore dropped copy in (17), Register, April, 1995, No. 472; r. and recr. (13), Register, February, 1996, No. 482, eff. 3-1-96; emerg. cr. (12m), am. (13), eff. 6-3-96; cr. (8w), (12m), (12p), am. (13), Register, December, 1996, No. 492, eff. 1-1-97; cr. (8x) and (20) (i), am. (10), (18), (19), (20) (f) 2. and (24), renum. (20) (i) to be (20) (j), r. (21), (22) and (27), Register, November, 2000, No. 539, eff. 12-1-00; corrections in (8m), (8w), (16) and (17m) made under s. 13.93 (2m) (b) 7., Stats.; CR 02-078: cr. (2m) and (20) (j) and (k), am. (8w), (14), (16) and (17) (intro.) and (5) (a) 3., renum. (20) (j) to be (20) (L) Register May 2003 No. 569, eff. 6-1-03; CR 03-121: renum. (1) and (20) (L) to be (1w) and (20) (n) and am. (1w), cr. (1a), (1d), (1g), (1j), (1m), (1r), (20) (L), (m) and (27), am. (13), r. (14) to (17m), r. and recr. (20g), Register September 2004 No. 585, eff. 10-1-04; CR 06-009: am. (1m), (1w), (8x), (18), (19), (27) r. and recr. (3) and (20) Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (9) (intro.), (10), (20) (f) (intro.), r. (20) (g) 3., cr. (24m) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: r. (2m), am. (8w), renum. (8x) to (8y), cr. (8x), (11m), renum. (19) to (19) (intro.) and am., cr. (19) (a) to (c), r. and recr. (20), am. (25) Register March 2014 No. 699, eff. 6-1-14; correction in (19) (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699; CR 15-092: am. (1g), (8y), renum. (11m) to (11m) (intro.) and (b) and am., cr. (11m) (a), am. (18), (19), (20) (a), renum. (20) (b) to (20) (b) (intro.) and 1. and am., cr. (20) (b) 2., renum. (20) (c) (intro.) to (20) (c) (intro.) and 1. and am., renum. (20) (c) 1. to 7. to (20) (c) 1. a. to g., cr. (20) (c) 2., 3., am. (20) (f), (g) 1., 3., cr. (20) (g) 4., am. (20) (h) 1., 2., 4., (i) 1., (25), cr. (26m) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1g), cr. (14), am. (25) Register May 2020 No. 773, eff.6-1-20.

ATCP 12.02 ATCP 12.02 Animal markets.

ATCP 12.02(1) (1) License required. Except as provided in sub. (1m), no person may operate an animal market without an annual license from the department. A separate license is required for each animal market. The license shall bear the livestock premises code issued under s. ATCP 17.02 (7) for the animal market. An annual license expires on June 30. A license is not transferable between persons or animal markets.

ATCP 12.02(1m) (1m) License exemptions. No license is required under sub. (1) for an occasional sale by a farm operator who buys or exchanges livestock solely for dairy, breeding, or feeding operations on that farm, or who sells only livestock produced or raised on that farm, or auction sale, conducted at a state, county, or district fair, or sponsored by a livestock breeder association or a youth agricultural organization, if records of the transactions at the sale are maintained by any of the following:

ATCP 12.02(1m)(a) (a) An auctioneer registered under ch. 480, Stats.

ATCP 12.02(1m)(b) (b) An animal dealer licensed under s. ATCP 12.03.

ATCP 12.02(2) (2) License classification.

ATCP 12.02(2)(a) (a) A person may apply for a Class A, Class B, or Class E animal market license.

ATCP 12.02(2)(b) (b) At a class A animal market, an operator may conduct livestock and wild animal sales and auctions on any number of days during the license year.

ATCP 12.02(2)(c) (c) At a class B animal market, an operator may conduct livestock sales on any number of days during the license year but may hold livestock auctions on no more than 4 days during the license year. An operator may not conduct any wild animal sales at a class B animal market.

ATCP 12.02(2)(d) (d) At a class E animal market, an operator may conduct sales of equine animals on any number of days during the license year. An operator may not conduct sales of any other livestock or any wild animals at a class E animal market.

ATCP 12.02(3) (3) Applying for a license. A person shall apply for a license under sub. (1) on a form provided by the department. The application shall include all the following:

ATCP 12.02(3)(a) (a) The person’s legal name, and any trade names under which the person does business as an animal market operator.