•An animal market operator may apply for a Class A, Class B or Class E animal market license (no change from current rules):
- At a class A animal market, an operator may conduct livestock and wild animal sales on any number of days during the license year.
- At a class B animal market, an operator may conduct livestock sales on no more than 4 days during the license year. An operator may not conduct wildlife sales at a class B animal market.
- 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.
•A person must do all the following to obtain an animal market license (no change from current rules):
- Submit a complete license application.
- Pay an annual license fee. The fee is $225 for a class A market, $115 for a class B market, and $150 for a class E market (no change from current rules).
- Obtain an animal trucker license, if the person also operates as an animal trucker (see below).
- Register all vehicles that the person uses to transport animals.
- Pass a test administered by DATCP. No test is required for the renewal of an existing license.
•DATCP must act on a license application within 30 business days after the applicant submits a complete application and takes any required test (no change from current rules). DATCP must inspect a class A market before licensing that market for the first time. If an inspection is required, DATCP has an additional 60 days to act on the license application.
- DATCP may deny, suspend or revoke a license for cause, including violation of animal health or humane laws (no change from current rules).
•An animal market operator must do all the following (this rule reorganizes, but does not change, current rules):
- Comply with animal market construction standards.
- Keep the animal market in a clean and sanitary condition.
- Provide adequate food, water, shelter, bedding and pen space for all animals held more than 12 hours.
- Properly identify animals.
- Keep proper records.
- Handle animals in a humane manner.
- Remove animals from the animal market premises within 4 days after they enter the market (some special provisions apply).
- Comply with applicable requirements related to animal transport vehicles (see below).
- Refrain from commingling animals of different species in the same enclosure.
•This rule prohibits an animal dealer from accepting delivery of animals from an unlicensed animal trucker, or shipping animals via an unlicensed animal trucker.
Animal Truckers
Before the Captive Wildlife Law was enacted, DATCP licensed “livestock truckers" (“livestock" included bovine animals, sheep, goats, swine, farm-raised deer, equines and other farm animals). The Captive Wildlife Law changed the “livestock trucker" license to an “animal trucker" license.
DATCP now licenses “animal truckers" who transport livestock or wild animals for hire.
Captive white-tail deer are now considered “livestock" (farm-raised deer). This rule modifies current rules to reflect this expanded coverage. This rule also clarifies and reorganizes current license requirements. Under this rule:
•A person must be annually licensed by DATCP, as an animal trucker, if the person transports livestock or wild animals for hire. The following persons are exempt from licensing as animal truckers:
- An employee of a licensed animal trucker who transports animals solely on behalf of the license holder, in vehicles registered by the license holder.
- Persons who are solely engaged in transporting their own animals.
- Persons who are solely engaged in the following activities:
* Hauling animals on an occasional basis for persons participating in a livestock exhibition, fair, trail ride, youth livestock event or similar activity.
* Hauling animals on an incidental basis in connection with another business, such as a veterinary practice or a stable operation, does not ordinarily involve the sale of animals.
* Hauling animals for other persons fewer than 6 times per year.
•A person must do all the following to obtain a license (no change from current rules):
- Submit a complete license application.
- Pay license fees. There is a basic annual fee of $30, plus a $10 fee for each vehicle used to transport livestock or wild animals (no fee change from current rules).
- Register all vehicles used to transport livestock or wild animals.
- Pass a test administered by DATCP. No test is required for the renewal of an existing license.
•DATCP must act on a license application within 30 business days after the applicant submits a complete application and takes any required test (no change from current rules).
•DATCP may deny, suspend or revoke a license for cause, including violation of animal health or humane laws (no change from current rules).
•An animal trucker must do all of the following (this rule reorganizes, but does not change, current rules):
- Maintain properly equipped vehicles.
- Properly identify animals.
- Keep proper records.
- Transport and handle animals in a safe and humane manner.
•An animal trucker may not:
- Commingle different animal species on the same transport vehicle.
- Transport diseased or downer animals with healthy animals on the same transport vehicle (there is a limited exception for slaughter shipments).
Animal Transport Vehicles
Under current rules and this rule, an animal dealer, animal market operator or animal trucker must register every vehicle that the person uses to transport livestock or wild animals. The operator must register annually and pay an annual fee of $10 per vehicle. DATCP must grant or deny a registration application within 30 business days after the person submits a complete application.
Under current rules and this rule, the following requirements apply to every vehicle that an animal dealer, animal market operator or animal trucker uses to transport livestock or wild animals:
•The vehicle must be properly identified with the operator's name and business address, the operator's DATCP license number(s), and the DATCP vehicle registration number.
•The vehicle must be properly constructed and equipped to handle each type of animal transported.
•The vehicle must be kept in a clean and sanitary condition.
Fiscal Estimate
The rule will not have a major impact on State or Local government resources. This rule;
1) Implements Wisconsin's Captive Wildlife Law (
2001 Wis. Act 56), which took effect on January 1, 2003.
2) Modifies related animal health rules administered by the Department of Agriculture, Trade and Consumer Protection (DATCP).
3) Coordinates animal disease control activities of DATCP and the Department of Natural Resources (DNR).
Some of these changes will increase the workload in the department, however it is anticipated that the workload generated can be absorbed.
Initial Regulatory Flexibility Analysis
This rule affects the following businesses, among others:
•Deer farmers.
•Deer hunting preserve operators.
•Persons raising poultry and farm-raised game birds.
•Persons importing animals to this state.
•Wild animal dealers, truckers and market operators.
Many of those affected are “small businesses" as defined in s.
227.114 (1) (a), Stats.
Effects on Small Business
This rule adds regulatory requirements for some businesses, but these requirements are necessary for animal disease control and not expected to impose an undue burden. The new Captive Wildlife Law mandates some of the requirements.
In some cases, this rule gives affected businesses wider latitude to choose a preferred method of compliance. This rule will benefit affected businesses by clarifying regulatory requirements, and coordinating DATCP and DNR regulation.
This rule imposes new fees related to deer hunting preserves. The new fee ($150 for a 10-year hunting preserve certificate) is modest, and is needed to defray costs of providing inspections newly mandated by the Legislature. This rule requires deer farm operators, including hunting preserve operators, to identify dead animals with “dead tags" purchased at cost from DATCP. The “dead tags" are needed for disease control and traceback, including chronic wasting disease control.
This rule codifies, but does not increase, current fees for poultry and farm-raised game bird operators that wish to participate in the National Poultry Improvement Plan. The fees are modest ($20-200, depending on flock size and type), and merely cover DATCP's cost to provide inspections and services required under the National Poultry Improvement Plan.
The rule expands current regulation of livestock truckers, dealers and markets to include entities that handle wild animals. This change was mandated by the Legislature. The change could have a substantial impact on wild animal markets, dealers and truckers, which will now have to comply with the same regulations that apply to livestock markets, dealers and truckers. However, DATCP does not believe that many “small businesses" will be affected.
This rule will require health certificates (certificates of veterinary inspection) for the import of certain animals that can now be imported without a certificate. This rule also requires persons importing wild animals to obtain a permit for DATCP (there is no charge for the permit). The new import requirements are consistent with current requirements for livestock, are needed to control serious diseases that may be spread by these animals, and which are not adequately addressed by current import controls.
This rule will add some record keeping requirements, especially for deer hunting preserves, wild animal markets, and wild animal dealers and truckers.
Steps to Assist Small Business
In some cases, this rule gives affected businesses wider latitude to choose a preferred method of compliance. For example, this rule:
•Authorizes alternative forms of “official individual identification" of animals.
•Provides more flexibility related to the timing of required tuberculosis tests.
•Makes it easier and cheaper for deer farm operators to have test samples collected for chronic wasting disease tests. Under current rules, a veterinarian must collect the samples at the herd premises. Under this rule, the deer farm operator may send the deer head to the veterinarian who collects the test sample from the brain.
This rule will benefit affected businesses by clarifying regulatory requirements, and coordinating DATCP and DNR regulation. This rule provides a “one stop" clearinghouse for animal disease reporting and health certificate filing.
Conclusion
This rule will have an impact on small business. In most cases, this rule will not have a significant adverse impact. And in some cases, it will have a positive impact. DATCP has attempted to minimize adverse effects on small business. Effects, if any, are necessary to ensure more effective control of serious animal diseases that may affect humans, domestic animals and wild animals.
Notice of Hearing
Agriculture, Trade and Consumer Protection
