Under this rule, a sale of cattle or goats is exempt from the “implied warranty” under s. 95.195, Stats., if the seller discloses all of the following to the buyer, in writing:
• The current Johne's disease classification of the herd from which the animals are sold. Herd classifications (see below) are based on annual herd tests. If the source herd is not tested annually, the herd is automatically classified “Maximum risk for Johne's disease.”
• That the animals are confirmed Johne's disease reactors, if that is the case.
Under this rule, a sale of cattle or goats is also exempt from the “implied warranty” under s. 95.195, Stats., if the animals are sold directly to slaughter or as feeder cattle. No testing or disclosure is required. However, if a slaughter or feeder animal has been tested and is a reactor, it must be permanently marked.
Annual Herd Test
An annual herd test may be a “whole herd test”, a “random herd test” or a “split herd test:”
• A “whole herd test” must include every test eligible animal in the herd, and the samples must be collected on the same day or consecutive days.
• In a “random herd test,” an accredited veterinarian randomly selects a test group from the whole herd. The test group must include at least 30 test eligible animals, or at least 10 percent of the test eligible animals, whichever group is larger. The samples must be collected on the same day.
• A “split herd test” allows the owner to test groups of animals at different times during the year, provided that all test eligible animals are tested in a 12 month period, the department approves the testing plan before samples are collected, and the herd owner tests the herd according to the approved plan.
“Test eligible animals” include all cattle in a herd that are 36 months of age or more, and all bulls 24 months of age or more. All goats 18 months of age or more are test eligible animals.
The date of the first annual herd test under this rule establishes an “anniversary date” for each subsequent annual herd test. If the first annual herd test is a “split herd test,” the “anniversary date” is the date on which the last group of animals is tested. Each year's test must be conducted on the “anniversary date,” or within 2 months before or after the “anniversary date,” except that a “split herd test” must be completed prior to the “anniversary date.”
Herd Classifications
Under this rule, every herd of cattle and goats is classified in one of the following categories, in ascending order of risk for Johne's disease (herd owners who manage for Johne's disease can improve their herd classification over time):
• Johne's preventive management level A. This is the most desirable herd classification. The department will classify a herd as “Johne's preventive management level A” if an annual herd test reveals no Johne's reactors.
• Johne's preventive management level B. The department will classify a herd as “Johne's preventive management level B” if fewer than 5% of the animals in a whole herd test or split herd test are Johne's reactors.
• Johne's preventive management level C. The department will classify a herd as “Johne's preventive management level C” if at least 5% but not more than 15% of the animals in a whole herd test or split herd test are Johne's reactors.
• Johne's preventive management level D. The department will classify a herd as “Johne's preventive management level D” if any of the following apply:
* A random herd test reveals one or more Johne's reactors, unless the department classifies the herd as “Johne's preventive management level B” or “C” based on a follow-up whole herd test.
* A whole herd or split herd test reveals more than 15% Johne's reactors.
• Maximum risk for Johne's disease. A herd is automatically classified “Maximum risk for Johne's disease,” without any action by the department, if the herd owner fails to complete a timely annual herd test. “Maximum risk for Johne's disease is the least desirable herd classification, because it signifies that the herd owner does not have an annual paratuberculosis testing program. A person buying cattle from such a herd faces an unknown, but substantial, risk that the cattle are infected with Johne's disease.
A Johne's preventive management level A, B, C or D classification will also indicate the first year from which the herd has continuously held that classification.
Voluntary Participation
This rule does not require a herd owner to have an annual herd test, or to have the herd classified based on herd testing. But if a herd owner does not have the herd classified based on annual herd tests that comply with this rule, the herd is automatically classified “Maximum risk for Johne's disease.”
A herd owner is not required to disclose the herd classification when selling animals from the herd. But if the herd owner fails to disclose the herd classification, the owner sells the animals subject to an “implied warranty.” If it turns out that the animals were infected with Johne's disease at the time of sale, the seller may then be liable to the buyer for any damages which result. There is no “implied warranty” if the herd owner discloses the herd classification at the time of sale, or sells the animals directly to slaughter or as feeder animals.
A herd owner may elect to test (and cull) animals without having the test results used for herd classification purposes. However, all confirmed Johne's disease reactors must be permanently identified as such. No confirmed reactors may be moved or sold (even to slaughter) unless they are identified as reactors.
Commingled Animals; Classification
Animals added to a herd from a herd with a less desirable classification retain that less desirable herd classification for 120 days but do not affect the classification of the herd to which they are added. Animals from a herd with a more desirable classification immediately lose that classification when they are added to a herd with a less desirable classification.
If animals from herds with different classifications are temporarily assembled for sale or shipment (other than for a consignment sale), the least desirable herd classification applies to all of the temporarily assembled animals. Animals sent by their owners to a consignment sale retain the herd status of the herd of origin, except that if the animals are allowed to have direct contact with other animals for more than 24 hours, the least desirable herd classification applies to all the animals.
Notice to Herd Owner
Whenever the department classifies a herd based on an annual herd test, the department must promptly provide the herd owner with all of the following information in writing:
• The individual test results for each animal included in the herd test. Test results will be identified with each animal's official individual identification.
• The herd classification including the effective date and expiration date of the classification. A herd classification takes effect on the effective date and immediately supersedes any prior classification.
Test Procedure
The person conducting an annual herd test must be an accredited veterinarian, or an employee of the department or USDA-APHIS. The person must select the test group, determine the type of test to be performed, collect an appropriate sample from each test animal, identify each sample with the animal's official individual identification and sample collection date, and transmit the samples to the testing laboratory.
Annual herd test samples must be tested by the department, the federal bureau, or a laboratory approved by the department or the federal bureau. The laboratory must use one of the following tests:
• The enzyme linked immunosorbent assay (ELISA), except that the ELISA test may not be used for goats.
• The fecal culture test.
• Another test approved by the department.
Test Results
A laboratory performing tests on annual herd test samples must report the test results to the department within 10 days. The department will not use the test results to classify a herd unless the herd owner asks the department to do so. If the herd owner asks the department to classify the herd based on the test results (and the test procedure complies with this rule), the department will classify the herd within 30 days.
Johne's Disease Reactors
Under this rule, an animal is a Johne's disease reactor if any of the following applies:
• It tests positive on the enzyme linked inimunosorbent assay (ELISA), unless it subsequently tests negative on the fecal culture test. (The ELISA test applies only to cattle, not goats.)
• It tests positive on the fecal culture test.
• It tests positive on any other test which the department approves and deems conclusive.
Current rules prohibit the sale of Johne's disease reactors (except to slaughter). This rule permits the sale of Johne's disease reactors if all of the following apply:
• The seller discloses to the prospective buyer in writing, prior to sale, that the animals are reactors.
• The animals are permanently identified as reactors.
Under this rule, an accredited veterinarian must permanently identify a confirmed Johne's disease reactor, even if the animal is sold to slaughter or is not sold at all. The veterinarian must identify the animal within 30 days after the animal tests positive on an ELISA or fecal culture test. If the herd owner wishes to confirm a positive ELISA test with a fecal culture, the veterinarian must collect the fecal sample within 30 days. If the fecal culture also tests positive, the veterinarian must then identify the animal as a Johne's disease reactor within 30 days.
Herd Vaccination
Under this rule, no person may vaccinate cattle for Johne's disease except under a herd agreement with the department. The department may not authorize vaccination in any herd in which the percentage of reactors in the last whole herd test or split herd test was less than 7%, unless special circumstances warrant vaccination in that herd.
Misrepresenting Herd Classification
Under this rule, no person may misrepresent the classification of the herd from which cattle or goats are being sold. A seller who misrepresents a herd classification is not exempt from the implied warranty under s. 95.195, Stats., and is subject to possible penalties under s. 95.99, Stats. The department may investigate alleged misrepresentations.
Department Disclosure of Herd Classification
Under this rule, the department may disclose a herd classification to a 3rd party with the written authorization of the herd owner. Under s. 95.232, Stats., information that identifies herds infected, or suspected of being infected, with Johne's disease is not open to inspection under the Public Records Law unless the department determines that disclosure is necessary to protect the public health, safety or welfare.
Summary of Comments from Legislative Committees:
On July 1, 1999, this department transmitted the above rule for legislative review. On July 6 the rule was referred to the Senate Agriculture & Environmental Resources & Campaign Finance Reform Committee. On July 8, 1999, the rule was referred to the Assembly Agriculture Committee. Neither committee took any action during the review period.
Chir Code - Definitions, applications, examinations, temporary permits and renewal.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
Ch. Comm 1 - Environmental analysis and review procedures for department actions.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules create a new commerce chapter for the environmental analysis and review procedures for department actions, Wisconsin Environmental Policy Act (WEPA).
The proposed rules of Clearinghouse Rule No. 97-117, address the Department's responsibilities for analyzing environmental impacts for the department actions with regard for the need for an environmental impact statement, including a classification of those actions identified by department activity and associated jurisdiction. The rule also establishes the processes and procedures for creating environmental documents and the opportunity for public input. The rules follow the guidelines issued by the U.S. Council on Environmental Quality.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee, Committee on the Environment and the Senate Committee on Business, Economic Development and Urban Affairs Committee. No comments were received.
Chs. Comm 16 and 17 - Electrical Construction and Inspection.
Summary of Final Regulatory Flexibility Analysis:
Sections 101.63(1), 101.73(1) and 101 .82(1), Stats., direct the Department to promulgate rules for the construction and inspection of electrical construction in dwellings, public buildings and places of employment. The proposed rules of Clearinghouse Rule No. 99-050 are minimum requirements to meet the directives of the Statutes, and any exceptions from compliance for small businesses would be contrary to the Statutory objectives which are the basis for the rules.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Labor and Employment and the Senate Committee on Economic Development, Housing and Government Operations. No comments were received.
Ch. HFS 90 - Early intervention services for children with developmental needs in the age group from birth up to age 3.
Summary of Final Regulatory Flexibility Analysis:
The rules will not directly affect small businesses as “small business” is defined in s. 227.114(1) (a), Stats. They apply to the Department and to county agencies administering the Birth to 3 Program.
Summary of Comments:
No comments were reported.
Ch. Ins 17 - Annual patients compensation fund and mediation fund fees, open records law applicable to fund records and late fee.
Summary of Final Regulatory Flexibility Analysis:
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees:
The legislative standing committees had no comments on this rule.
