ATCP 12.05(5) (5)Identification of farm-raised deer.
ATCP 12.05(5)(a)(a) Official individual identification.
ATCP 12.05(5)(a)1.1. Whenever an animal dealer or animal market operator receives any farm-raised deer, the animal dealer or market operator shall immediately record the official individual identification of that farm-raised deer. If a farm-raised deer has no official individual identification at the time of receipt, the animal dealer or market operator shall immediately identify that farm-raised deer with an official individual identification. This paragraph does not apply to farm-raised deer which are backtagged for slaughter under par. (b).
ATCP 12.05(5)(a)2. 2. No animal dealer or animal market operator may deliver a farm-raised deer to the custody of any other person unless that deer bears 2 individual identifications meeting the requirements of s. ATCP 10.53 (2) (d) 4. or unless that deer is backtagged under par. (b) and shipped directly to slaughter.
ATCP 12.05(5)(b) (b) Slaughter identification. Whenever an animal dealer, animal market operator or animal trucker receives a farm-raised deer for sale or shipment to slaughter, that recipient shall immediately identify that deer with an official back tag or other slaughter identification approved by the department, unless that deer already bears an official slaughter identification. The animal dealer, animal market operator, or animal trucker shall immediately record the back tag or slaughter identification number.
ATCP 12.05(6) (6)Identification of goats. Whenever an animal dealer or animal market operator receives any goats, the animal dealer or market operator shall immediately record the official individual identification of that goat, if any. If a goat has no official individual identification when received by an animal dealer or market operator, the animal dealer or market operator shall immediately identify that goat with an official individual identification if that identification is required under s. ATCP 10.77.
ATCP 12.05 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; cr. (3), (4), Register, March, 1995, No. 471, eff. 4-1-95; am. (2) (b), Register, February, 1996, No. 482, eff. 3-1-96; emerg. cr. (5), eff. 6-3-96; cr. (5), Register, December, 1996, No. 492, eff. 1-1-97; am. (1) (a), (2) (a), (4) and (5) (b), Register, November, 2000, No. 539, eff. 12-1-00; CR 02-078: am. (5) (a) 3. Register May 2003 No. 569, eff. 6-1-03; CR 03-121: r. and recr. Register September 2004 No. 585, eff. 10-1-04; CR 06-009: am. (4) Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (4), cr. (6) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (2) (b) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (1) (b), (3), (5) (a) 2. Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (1) (a), renum. (1) (b) to (1) (b) 1. and am., cr. (1) (b) 2., am. (2) (a), renum. (2) (b) to (2) (b) 1. and am., cr. (2) (b) 2., am. (5) (b) Register July 2016 No. 727, eff. 10-1-16.
ATCP 12.06 ATCP 12.06 Records.
ATCP 12.06(1)(1) Records required. A person operating as an animal market operator, animal dealer, or animal trucker shall keep an accurate record of every animal that the person receives from or delivers to another person.
ATCP 12.06(1m) (1m)Animal market operator and animal dealer records. The records of an animal market operator and an animal dealer shall include all of the following correlated information related to each animal:
ATCP 12.06(1m)(a) (a) The name and address of the principal from whom the person received the animal, the date of receipt, and the place of receipt. The record shall also identify the animal trucker, if any, who transported the animal to the place of receipt.
ATCP 12.06(1m)(b) (b) The name and address of the principal to whom the person delivered the animal, the date of delivery, and the place of delivery. The record shall also identify the animal trucker, if any, who transported the animal to the place of delivery.
ATCP 12.06(1m)(c) (c) The animal's official individual identification number, if official identification is required under ch. ATCP 10 or this chapter. If the animal has no official individual identification and is not required to bear official individual identification under ch. ATCP 10 or this chapter, the record shall identify the species, age, and sex of the animal.
ATCP 12.06(1m)(d) (d) The animal's back tag number, if any.
ATCP 12.06(1m)(e) (e) The animal's wild animal identification number, if the animal bears a wild animal identification number prescribed by the department of natural resources.
ATCP 12.06(1m)(f) (f) A copy of any certificate of veterinary inspection that accompanied the animal. An animal market veterinarian may keep the certificate copy for the animal market operator.
ATCP 12.06(1m)(g) (g) The animal's breed or class if the animal is a bovine animal or swine. If a bovine animal is a crossbreed of beef and dairy animals, the animal shall be classified as a beef breed.
ATCP 12.06(1m)(h) (h) Equine infectious anemia test results, if required under s. ATCP 10.36 (3) for an equine animal.
ATCP 12.06(1m)(i) (i) A death record if the animal dies in the person's custody. The record shall indicate the apparent cause of death, the place and manner of carcass disposition, and the name and address of any person to whom the carcass was delivered.
ATCP 12.06(1s) (1s)Animal Trucker Records. The records of an animal trucker shall include all of the following correlated information related to each animal:
ATCP 12.06(1s)(a) (a) The name and address of the principal from whom the person received the animal, the date of receipt, and the place of receipt.
ATCP 12.06(1s)(b) (b) The name and address of the principal to whom the person delivered the animal, the date of delivery, and the place of delivery.
ATCP 12.06(1s)(d) (d) The number and a general description of the animals including species, age, and sex of the animals in the shipment.
ATCP 12.06(1s)(e) (e) The slaughter back tag number, except if the animal is moved from a licensed animal dealer or animal market operation direct to slaughter, the animal trucker is not required to record the individual back tag number.
ATCP 12.06(1s)(f) (f) A death record if the animal dies in the animal trucker's custody. The record shall indicate the apparent cause of death, the place and manner of carcass disposition, and the name and address of any person to whom the carcass was delivered.
ATCP 12.06(1s)(g) (g) The owner of each animal.
ATCP 12.06(2) (2)Records retained for 5 years; inspection and copying. A person who is required to keep records under sub. (1), (1m), or (1s) shall retain those records for at least 5 years, and shall make them available to the department for inspection and copying upon request.
ATCP 12.06(3) (3)Auctioneer records. An auctioneer who is exempt from licensing as an animal dealer under s. ATCP 12.03 (2) (f) shall nevertheless keep all of the records required under subs. (1) and (1m) for livestock sold by the auctioneer at an exempt auction. The auctioneer shall retain the records for at least 5 years, and shall make the records available to the department for inspection and copying upon request.
ATCP 12.06 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (1) (b) 5. and (c) 5., Register, September, 1993, No. 453, eff. 10-1-93; am. (1) (a), (b) (intro.), 2. and 5., (c) (intro.), 1., 2. and 5., (d), (2) (a), (b) 1., 2., (c) 1., 2., Register, March, 1995, No. 471, eff. 4-1-95; emerg. am. (1) (b) 2., 3., (c) 2.,3., (2) (b) 2., 3., (c) 2. and 3.; am. (1) (b) 2., 3., (c) 2., 3., (2) (b) 2. and (c) 2., Register, December, 1996, No. 492, eff. 1-1-97; reprinted to correct error in (1), Register, March, 1997, No. 495; r. and recr. (1), renum. (2) to be (3) and am. (3) (e), cr. (2), Register, November, 2000, No. 539, eff. 12-1-00; CR 03-121: r. and recr. Register September 2004 No. 585, eff. 10-1-04; CR 06-009: am. (1) (intro.) and (h), cr. (1) (bc) Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (1) (bc) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1) (intro.), renum. (1) (a) to (i) to be (1m) (a) to (i), am. (1m) (c) as renum., cr. (1s), am. (2), (3) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (1s) (e), cr. (1s) (g) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: r. (1m) (bc), am. (1m) (d), r. (1s) (c), am. (1s) (e) Register July 2016 No. 727, eff. 10-1-16.
ATCP 12.07 ATCP 12.07Handling downer animals. If an animal goes down while in the possession of an animal market operator, animal dealer, or animal trucker, the downer animal may not be dragged or pulled by the neck or other extremity, or subjected to any other mistreatment or abuse. Downer animals shall be confined in separate holding pens and shall be segregated from healthy animals or separated by a rigid barrier when transported in any vehicle. A downer animal may not be held for more than 24 hours by any animal market operator, animal dealer, or animal trucker before the downer animal is sent for rendering or euthanized in a humane manner.
ATCP 12.07 Note Note: A carcass must be disposed of in a manner consistent with s. 95.50, Stats.
ATCP 12.07 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 03-121: am. (2) Register September 2004 No. 585, eff. 10-1-04; CR 11-048: r. (1), renum. (2) to be 12.07 and am. Register July 2012 No. 679, eff. 8-1-12.
ATCP 12.08 ATCP 12.08 Prohibited conduct. No person may:
ATCP 12.08(1) (1) Knowingly make any false report or statement to the department concerning:
ATCP 12.08(1)(a) (a) The ownership, identification, age, vaccination status, test status, or health status of livestock; or
ATCP 12.08(1)(b) (b) The purchase, sale, or movement of an animal.
ATCP 12.08(2) (2) Sell or move any animal in violation [of] ch. ATCP 10 or this chapter, or any order issued under ch. ATCP 10 or this chapter.
ATCP 12.08(3) (3) Buy, sell, lease, or exchange animals in the name of any person other than a licensed animal dealer, a licensed animal market operator, or the person holding or acquiring an ownership or leasehold interest in the animal.
ATCP 12.08(4) (4) Transport any animal without certificates of veterinary inspection, permits, or other documents required by this chapter, ch. ATCP 10, or ch. 169, Stats.
ATCP 12.08(5) (5) Fail or refuse, upon reasonable demand by any authorized agent of the department, to permit the examination of:
ATCP 12.08(5)(a) (a) Animals in transit; or
ATCP 12.08(5)(b) (b) Health or shipping documents accompanying animals in transit.
ATCP 12.08(6) (6) Fail to provide, within 10 days following the receipt of a written request from the department, any relevant report or document relating to the transportation of animals or any official individual identification of an animal purchased, sold, or transported. The department may extend the compliance deadline under this subsection for good cause shown.
ATCP 12.08(7) (7) Knowingly cause or permit a susceptible healthy animal to commingle with a diseased animal while in transit, unless the entire load of animals is shipped directly to a slaughtering establishment for slaughter, or the commingling is authorized by the department.
ATCP 12.08(8) (8) Cause or permit the commingling of different animal species during transit if the animals are not of a comparable size, or if one species may pose a known disease threat to the other species.
ATCP 12.08(9) (9) Advertise or claim to be licensed as an animal market operator, animal dealer, or animal trucker unless the claim or advertisement is true.
ATCP 12.08(10) (10) Receive interstate shipments of bovine animals or swine as a federally approved livestock marketing facility unless the market qualifies as a federally approved livestock marketing facility under s. ATCP 10.07 (4).
ATCP 12.08(12) (12) Use any brand or tattoo device for official identification purposes, without authorization from the department.
ATCP 12.08(13) (13) Park or store a vehicle containing animal remains or animal waste in any place where it creates a health hazard or a public nuisance.
ATCP 12.08(14) (14) Deposit animal remains or animal waste in any place where the deposit creates a health hazard or public nuisance.
ATCP 12.08(15) (15) Conduct business as an animal dealer without carrying or posting a dealer identification card issued by the department. The dealer identification card shall be readily available for inspection upon request.
ATCP 12.08(16) (16) Sell, move, or dispose of any live animal that has been tested for a disease identified in ch. ATCP 10 Appendix A or B, before the result of that test is known.
ATCP 12.08(17) (17) Transport animals for more than 12 hours without providing potable water.
ATCP 12.08(18) (18) Transport equine animals in a vehicle which is not of adequate size.
ATCP 12.08 Note Note: Equine animals over 14 hands high should not ordinarily be transported in a vehicle which is less than 6 feet high.
ATCP 12.08(19) (19) Knowingly deliver, for use as food or feed, any animals which:
ATCP 12.08(19)(a) (a) Contain prohibited residues of drugs, hormones, steroids, antibiotics, pesticides, or other food or feed adulterants.
ATCP 12.08(19)(b) (b) Have been treated with any product listed under par. (a), if the delivery violates an applicable withholding period specified on the product label.
ATCP 12.08(20) (20) Deliver a downer animal to an animal market, animal dealer, or slaughter plant, or remove a downer animal from an animal market or animal dealer premises, without a drug certificate signed by the animal's current owner.
ATCP 12.08(21) (21) Falsify a drug certificate.
ATCP 12.08(22) (22) Administer any drug, hormone, steroid, antibiotic, or pesticide to an animal without the owner's knowledge or authorization.
ATCP 12.08(23) (23) Make any false statements on any application for an original or renewal license under this chapter.
ATCP 12.08(24) (24) Physically assault a department employee while the employee is performing his or her official duties.
ATCP 12.08(25) (25) Transport dead livestock, except in compliance with s. 95.72 (7) (a), Stats.
ATCP 12.08(26) (26) Falsify, remove, alter, or tamper with any official identification or official back tag required under this chapter or ch. ATCP 10.
ATCP 12.08(27) (27) Use electric prods on neonatal or other baby animals or hit such animals with any type of solid object that may cause injury, pain or stress to the animal.
ATCP 12.08 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; cr. (23), Register, September, 1993, No. 453, eff. 10-1-93; r. and recr. (2) and (10), r. (11), am. (12), cr. (24), Register, November, 2000, No. 539, eff. 12-1-00; CR 03-121: am. (1) (b), (3), (4), (8), (9), (15), (16), (19) (intro.), (20) and (22) Register September 2004 No. 585, eff. 10-1-04; CR 06-009: r. and recr. (2), am. (4), (10) and (19) (intro.), cr. (25) and (26) Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (6) Register November 2008 No. 635, eff. 12-1-08; CR 08-075: am. (10) Register April 2009 No. 640, eff. 5-1-09; CR 11-048: am. (7), (8), r. and recr. (16) Register July 2012 No. 679, eff. 8-1-12; CR 15-092: am. (10), cr. (27) Register July 2016 No. 727, eff. 10-1-16.
ATCP 12.09 ATCP 12.09 Waiver. The department may, in response to a written request, grant a written waiver from a requirement under this chapter if the department finds that the waiver is reasonable and necessary, is consistent with objectives of this chapter, and will not conflict with state law. The waiver shall be issued in writing, shall include the department's findings, and shall include the specific terms of the waiver, including any time limit on the waiver. A request for a waiver shall include information to show that the waiver is justified under this section. The state veterinarian, or that person's designee, shall sign each waiver under this section. The department may not grant a waiver from a statutory requirement.
ATCP 12.09 History History: CR 15-092: cr. Register July 2016 No. 727, eff. 10-1-16.
ATCP 12.09 Note Note: Chapter ATCP 12 is shown below as in effect prior to 10-1-16.
ATCP 12.09 Note ATCP 12.01Definitions. As used in this chapter:
ATCP 12.09 Note (1a) "Animal dealer" means a person who is required to be licensed under s. ATCP 12.03 (1).
ATCP 12.09 Note (1d) "Animal dealer premises" means any real property, owned or controlled by an animal dealer, at which the animal dealer keeps, exhibits, or receives livestock or wild animals, or from which the animal dealer ships livestock or wild animals.
ATCP 12.09 Note (1g) "Animal market" means any premises that are open to the public for the purpose of buying or selling livestock or wild animals, and that have facilities to keep, feed, and water livestock or wild animals prior to sale.
ATCP 12.09 Note (1j) "Animal market operator" means a person who is required to be licensed under s. ATCP 12.02 (1).
ATCP 12.09 Note (1m) "Animal transport vehicle" means a vehicle used to transport livestock or wild animals. "Animal transport vehicle" includes a trailer, truck, or other conveyance in which animals are transported on public highways, whether or not the conveyance is motorized. "Animal transport vehicle" does not include a vehicle that merely pulls a separate animal transport vehicle, and is not itself used to contain animals.
ATCP 12.09 Note (1r) "Animal trucker" means a person who is required to be licensed under s. ATCP 12.04 (1).
ATCP 12.09 Note (1w) "Bovine animal" means domestic cattle (Bos sp.) or American bison of any age or sex.
ATCP 12.09 Note (2) "Buying station" means premises which are open to the public to receive livestock for direct shipment to slaughter.
ATCP 12.09 Note (3) "Commingle" means to cause or permit any of the following:
ATCP 12.09 Note (a) Direct contact with other animals.
ATCP 12.09 Note (b) Unprotected contact with the same facilities, equipment, individuals, or environment contacted by other animals, under circumstances where that unprotected contact may spread disease.
ATCP 12.09 Note (4) "Communicable" means transmissible, either directly or indirectly.
ATCP 12.09 Note (5) "Contagious" means spread by contact, body secretions, or fomites.
ATCP 12.09 Note (6) "Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
ATCP 12.09 Note (7) "Diseased" means afflicted with a contagious, infectious, or communicable disease.
ATCP 12.09 Note (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 12.09 Note (8m) "Equine animal" has the meaning specified under s. 95.68 (1) (am), Stats.
ATCP 12.09 Note (8r) "Equine market" has the meaning specified under s. 95.68 (1) (b), Stats.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.