May 15, 1996 Room 135
Wednesday Mid-State Tech. College
Commencing 933 Michigan Ave.
at 10:00 a.m. STEVENS POINT, WI
Handicapped accessible
May 15, 1996 Dept. of ATCP
Wednesday 927 Loring Ave.
Commencing ALTOONA, WI
at 6:00 p.m. Handicapped accessible
May 16, 1996 Room E106
Thursday Univ. of Wis. Ctr.-Manitowoc
Commencing 705 Viebahn St.
at 6:00 p.m. MANITOWOC, WI
Handicapped accessible
Written comments will be accepted until May 28, 1996.
Analysis Prepared by the Wis. Dept. of Agriculture, Trade & Consumer Protection
Statutory Authority: ss. 93.07 (1) and (2), 93.21 (5), 95.55 (3), 95.68 (8), 95.69 (8), and 95.71 (8)
Statutes Interpreted: ss. 93.07 (10), 93.21 (5), 95.25 (2m) and (4m), 95.55, 95.68, 95.69 and 95.71
This rule modifies current animal health rules under chs. ATCP 10-12, Wis. Adm. Code. Among other things, this rule does the following:
○ Interprets and implements 1995 Wis. Act 79, which regulates keepers of “farm-raised deer.” Act 79 transfers regulatory authority from the Department of Natural Resources (DNR) to the Department of Agriculture, Trade and Consumer Protection, and requires keepers of “farm-raised deer” to register with the Department.
○ Modifies current procedures under the Department's tuberculosis control program. The rule incorporates new USDA regulations related to branding and slaughter shipment of bovine tuberculosis reactors. Pursuant to 1995 Wis. Act 79, it also requires owners of tested animals to provide adequate restraints for safe testing.
○ Requires veterinarians to report certain poultry diseases to the Department. This will strengthen poultry disease controls and make it possible for Wisconsin producers to export poultry meat to Russia, under an agreement between Russia and the U.S. government.
BOVINE TUBERCULOSIS CONTROL
Tuberculosis Testing; Bovine Animals
Under 1995 Wis. Act 79, a person who owns or possesses bovine animals must provide animal handling facilities to ensure the safety of animals tested for bovine tuberculosis, and to ensure the safety of persons conducting the tests. This rule incorporates this new statutory requirement.
Bovine Tuberculosis Reactors; Branding and Slaughter
In September, 1995, the United States Department of Agriculture, Animal and Plant Health Inspection Service (federal bureau), changed its regulations related to branding and slaughter shipment of bovine animals identified as “reactors” on bovine tuberculosis tests. This rule amends current state rules to make them consistent with the new federal regulations.
Under current state rules, a reactor must be branded on the left jaw with the letter “T” unless it is shipped directly to slaughter in a vehicle that is sealed by the Department. Under this rule, a reactor must be branded on the hip (not the jaw), near the tailhead, with the letter “T.” A reactor need not be branded if all of the following apply:
○ Its left ear is spray painted yellow and tattooed with the letters “TB.”
○ A state or federal veterinarian accompanies the reactor as it is shipped to slaughter, or the reactor is shipped to slaughter in a vehicle sealed by the Department or the federal bureau. If the animal is shipped in a sealed vehicle, the seal may only be removed by the Department or the federal bureau.
“FARM-RAISED DEER” AND OTHER CERVIDAE
Persons Keeping “Farm-Raised Deer;” Registration
Under 1995 Wis. Act 79, persons keeping “farm-raised deer” in this state must register with the Department. This rule implements the new registration requirement.
This rule, like 1995 Wis. Act 79, defines “farm-raised deer” to include farm-raised fallow deer, caribou, reindeer, sambar, sunda sambar, Philippine sambar, visayan deer, barasingha, Schomburgk's deer, thamin or brow antlered deer, sika deer, Thorold's deer, red deer, wapiti and elk. “Farm-raised deer” do not include north american moose, white-tail deer or mule deer.
Under this rule, a person who “keeps farm-raised deer” must obtain a registration certificate from the Department. This includes any person who owns, rents, leases or serves as the custodian of “farm-raised deer.” A registration application must identify both the owner and the custodian of the “farm-raised deer.” Thus, if the owner and custodian are different persons, they need only complete one registration between them.
Under this rule, a person keeping “farm-raised deer” at more than one location may do either of the following:
○ Obtain a separate registration certificate, and pay a separate registration fee, for each location. A keeper may not move “farm-raised deer” between separately-registered locations without an interstate health certificate or certificate of veterinary inspection, unless the deer are exempt under current exemptions to the requirements for intra-state movement. If disease is detected at one location, animals at other locations will not be considered part of the same herd, and will not be treated as exposed animals unless a traceback shows that suspect or reactor animals have actually moved between the locations.
○ Register multiple locations under one registration certificate, and pay only one registration fee. If a keeper registers multiple locations under one registration, the keeper may freely move “farm-raised deer” between those locations without an interstate health certificate or certificate of veterinary inspection. But if disease is detected at one location, all of the “farm-raised deer” at all of the locations are automatically considered to be part of a single exposed herd.
A registration certificate expires on December 31 annually; however, there is no requirement for annual renewal after December 31, 1998.
This rule establishes an annual registration fee of $50 for persons who keep 15 or fewer “farm-raised deer,” and $100 for persons who keep more than 15 “farm-raised deer.” If the Department certifies a herd as an accredited tuberculosis-free herd, the keeper of that herd must register but is not required to pay a fee. The annual registration fee does not apply after December 31, 1998.
To register with the Department, a keeper of “farm-raised deer” must submit a registration application on a form provided by the Department. The application must include all of the following information:
○ The name, address and telephone number of the owner of the “farm-raised deer.”
○ The name, address and telephone number of the custodian of the “farm-raised deer,” if the custodian is anyone other than the owner.
○ The location at which the “farm-raised deer” will be kept, including the county, township, section and fire number assigned to the location.
○ The number of “farm-raised deer” being kept.
○ The species, age and sex of the “farm-raised deer” being kept. Age may be specified as fawn, yearling or adult.
○ If the herd is certified by the Department as an accredited tuberculosis-free herd, the accreditation number assigned to the herd.
Under this rule, the Department must grant or deny a registration application within 30 days after the Department receives a complete application. The Department may deny, suspend or revoke a registration for cause, including any of the following:
○ Violations of applicable requirements under ch. 95, Stats. (animal health), or chs. ATCP 10-12, Wis. Adm. Code.
○ Preventing a Department employe from performing his or her official duties, or interfering with the lawful performance of his or her duties.
○ Physically assaulting a Department employe while the employe is performing his or her official duties.
○ Refusing or failing, without just cause, to produce records or respond to a Department subpoena.
○ Paying a registration fee with a worthless check.
Under this rule, a person who keeps “farm-raised deer” must keep a record of all of the following, and must retain that record for at least 2 years:
○ The name and address of each person from whom that keeper purchases or receives “farm-raised deer.”
○ The name and address of each person to whom the keeper sells or delivers “farm-raised deer.”
○ The official identification of every “farm-raised deer” which the keeper purchases, receives, sells or delivers.
○ The date on which the keeper receives or delivers each “farm-raised deer.”
○ The location at which the keeper receives each “farm-raised deer,” or to which the keeper delivers each “farm-raised deer.”
A person keeping “farm-raised deer” must make these records available to the Department for inspection and copying by the Department upon request.
“Farm-Raised Deer” and Other Cervidae; Disease Control
Current rules spell out tuberculosis testing requirements, import requirements, intrastate movement requirements and herd certification requirements related to tuberculosis in “cervidae.” In the current rules, “cervidae” are defined as members of the family of animals which includes deer, elk, moose, caribou, reindeer and the sub-family musk deer.
The current definition of “cervidae” is different from the new statutory definition of “farm-raised deer.” This rule amends the definition of “cervidae” to include all “farm-raised deer.” Rules which currently apply to cervidae will also apply to “farm-raised deer” except where this rule creates a specific exemption for “farm-raised deer.”
Under this rule, whenever a veterinarian issues an interstate health certificate or certificate of veterinary inspection for farm-raised deer shipped from a location in this state, the certificate must include the registration number of the person who is registered to keep those deer at that location.
Cervidae; Tuberculosis Testing
This rule requires the owner or custodian of a cervid to restrain the cervid for tuberculosis testing by one of the following means:
○ Providing animal handling facilities that will safely restrain the cervid and protect the safety of the person conducting the test. The rule spells out minimum standards for animal handling facilities.
○ Adequately tranquilizing the cervid to permit safe testing. The tranquilizer must be administered at the owner's expense. Department staff will not administer the tranquilizer. A person authorized to conduct a TB test may determine that a cervid is not adequately tranquilized, and may require additional tranquilization before conducting the test.
○ Transporting the cervid, under a permit issued by the Department, directly to an approved isolation and testing facility. Once a cervid is transported to an approved isolation and testing facility, it may not be removed until it tests negative for bovine tuberculosis and the owner or custodian obtains an interstate health certificate or certificate of veterinary inspection. If the cervid tests positive on the bovine tuberculosis test, it may not be moved except to slaughter.
Tuberculosis Reactors; Identification and Slaughter
Under current state rules, a cervid classified as a tuberculosis reactor must be branded on the left jaw with the letter “T” unless it is shipped directly to slaughter in a vehicle that is sealed by the Department. Under this rule, a reactor must be branded on the hip (not the jaw), near the tailhead, with the letter “T.” A reactor need not be branded if all of the following apply:
○ Its left ear is spray painted yellow and tattooed with the letters “TB.”
○ A state or federal veterinarian accompanies the reactor as it is shipped to slaughter, or the reactor is shipped to slaughter in a vehicle sealed by the Department or the federal bureau. If the animal is shipped in a sealed vehicle, the seal may only be removed by the Department or the federal bureau.
Livestock Markets, Dealers and Truckers
Under ch. 95, Stats., and current rules, livestock market operators, dealers and truckers must be licensed by the Department, and must comply with Department rules. Pursuant to 1995 Wis. Act 79, this rule defines “livestock” to include “farm-raised deer.”
Under this rule, a person who handles “farm raised deer” as a market operator, dealer or trucker must be licensed as a livestock market operator, dealer or trucker, and must comply with Department rules related to livestock markets, dealers and truckers. Among other things, a livestock market operator, dealer or trucker must record the receipt and disposition of all “farm-raised deer” handled by that market operator, dealer or trucker.
Identifying Cervidae and “Farm-Raised Deer”
Under this rule, a veterinarian who does any of the following to a cervid must identify that cervid with an official eartag unless the cervid already bears an official individual identification:
○ Vaccinates, identifies or tests a cervid in order to complete an interstate health certificate, certificate of veterinary inspection, or other official document or certification related to that cervid.
○ Tests a cervid for certain diseases specified in this rule.
Under this rule, a person keeping “farm-raised deer” in this state must identify, with an official eartag, each “farm-raised deer” which that person receives from or delivers to another person.
Under this rule, livestock markets and dealers receiving “farm raised deer” must identify the deer with official eartags unless the deer already bear official individual identification or are backtagged for slaughter. No livestock dealer or market operator may deliver a farm-raised deer to another person unless that deer bears an official individual identification, or unless that deer is backtagged and shipped directly to slaughter.
This rule also requires livestock markets, dealers, truckers and slaughter establishments to backtag all “farm-raised deer” which they receive for slaughter, or for sale or shipment to slaughter. Persons receiving “farm-raised deer” for slaughter, or for sale or shipment to slaughter, must record the receipt and disposition of those “farm-raised deer.”
ANIMAL HEALTH QUARANTINES
This rule clarifies the Department's authority to issue animal health quarantines. Current rules provide that the Department may issue quarantines to “control” contagious, infectious or communicable diseases of domestic animals. This rule clarifies that the Department may issue quarantines to prevent, suppress, control or eradicate contagious, infectious or communicable diseases which may affect domestic or exotic animals in this state, or to prevent animals from being moved or commingled pending further testing, diagnosis or traceback related to suspected disease.
POULTRY DISEASE REPORTING
