Dodgeville, WI 53533
Wednesday, November 17, 2004
2:00 p.m. to 4:00 p.m. and 4:30 p.m. to 6:30 p.m.
Brown County Library
515 Pine Street
Green Bay, WI 54301
Tuesday, November 30, 2004
2:00 p.m. to 4:00 p.m. and 4:30 p.m. to 6:30 p.m.
Community Center, Matheson Memorial Library
101 North Wisconsin Street
Elkhorn, WI 53121
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection (DATCP)
This rule implements the livestock premises registration program created by
2003 Wis. Act 229. This program is intended to protect animal health and the security of the food chain. Among other things, premises registration will facilitate more rapid response to animal disease emergencies.
Under this rule, persons who keep livestock in this state must register annually with the Department of Agriculture, Trade and Consumer Protection (“DATCP"). DATCP will assign a unique premises registration number, generated by the United States Department of Agriculture (“USDA"), to each registered premises. Registration information is confidential, and there is no fee to register. Registration complies with standards contained in the National Animal Identification System (“national plan").
Statutory Authority
DATCP has broad general authority under s.
93.07 (1), Stats., to make and enforce rules to implement laws under its jurisdiction. Section
95.51, Stats., creates a livestock premises registration program and directs DATCP to implement the program. The following statutes specifically authorize DATCP to adopt rules related to the following subjects:
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Section
95.51 (3m) and
(7), Stats. (livestock premises registration program).
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Section
95.68 (8), Stats. (animal markets).
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Section
95.69 (8), Stats. (animal dealers).
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Section
95.71 (8), Stats. (animal truckers).
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Section
95.72 (5), Stats. (rendering plants and other entities that collect and process livestock carcasses).
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Section
97.42 (4), Stats. (slaughter establishments).
Background
Wisconsin is the first state in the nation to mandate a livestock premises registration program. The Wisconsin program is part of a national effort to create a comprehensive livestock identification system. The national plan spells out the goals and standards for all states to follow.
The national plan was developed under the auspices of USDA and the United States Animal Health Association, in cooperation with the livestock industry. It calls for a system that can identify all animals and premises exposed to a foreign animal disease (such as foot and mouth disease) within 48 hours after the disease is discovered. This rapid response capability will be critically important in the event of a major animal disease emergency.
This rule addresses livestock premises registration, not animal identification. But premises registration is a necessary first step toward a comprehensive livestock identification system. By itself, premises registration will also facilitate more effective disease control and emergency response. Under the national plan, each state is responsible for establishing an effective premises registration program that meets national standards.
Program Administration
The Wisconsin Livestock Identification Consortium (“WLIC"), which represents a broad spectrum of the livestock industry groups, has led the nation in developing a premises registration system that meets national standards. Recently, USDA picked the WLIC system as the prototype for a national premises registration system. DATCP will likely contract with WLIC to administer the livestock registration program on behalf of DATCP. This rule spells out contract standards, including confidentiality requirements.
DATCP has requested, and hopes to receive, continued federal funding for the registration program. If federal funding is not forthcoming, it will be necessary to fund the premises registration program with state tax dollars or registration fees. The Legislature will determine the funding source and amount. This rule does not create any registration fees.
DATCP estimates that the program will affect at least 60,000 livestock premises in Wisconsin and will cost approximately $918,000 each year. DATCP will work with the livestock industry and others to promote voluntary compliance but may also take enforcement action against persons who knowingly refuse to comply. Penalties are set by statute and are equivalent to those under other animal health and food safety laws.
Rule Content
This rule implements Wisconsin's Livestock Premises Registration Law (
2003 Wis. Act 229), which takes effect on November 1, 2005. The rule includes the following key provisions:
Annual Registration Required
A person may not keep “livestock" in this state unless the livestock premises are annually registered with DATCP. “Livestock" includes cattle, swine, poultry, sheep, goats, horses, farm-raised deer, bison, camelids (such as llamas), ratites (such as ostriches and emus) and fish.
If 2 or more persons have a role in keeping livestock at the same location (for example, if one person owns the livestock, another tends them, and a 3rd owns the land), any one of those persons may register that location (the others need not register). Registration does not create any “ownership" rights that do not otherwise exist. It merely identifies a location in this state at which livestock are kept. DATCP assigns a unique premises code that continues with that location, even if the registrant changes (some exceptions apply).
Operators of livestock facilities currently licensed by DATCP (dairy farms, deer farms, fish farms, animal markets, animal dealer premises, animal trucker premises, slaughter establishments, equine quarantine facilities and rendering establishments) must register the facilities licensed to them and may not let others register those premises for them. License holders will be able to register by filling out a few extra lines on their annual license renewal forms.
Effective Dates
The registration requirement under this rule will take effect on January 1, 2006, except that for livestock facilities currently licensed by DATCP, the registration requirement will take effect on the first day of the first full license year beginning after January 1, 2006. For example, the registration requirement first applies to dairy farms on May 1, 2006, because dairy farm licenses expire on April 30 of each year.
An annual registration expires on December 31, or in the case of livestock premises currently licensed by DATCP, on the annual license expiration date.
How to Register
There is no fee to register livestock premises. A person may register on-line or in writing on forms prescribed by the DATCP. Forms will be readily available from DATCP and its contract agent. DATCP will send annual renewal forms to registrants to make renewal as easy as possible. Renewals, like initial registrations, may be transacted on-line.
Each registrant must provide the following information:
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Registrant's legal name, any trade names, mailing address, and phone number.
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Primary premises location and any secondary locations included in the registered premises.
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Name and phone number of a contact person with knowledge of livestock movements to and from all locations comprising the premises.
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Type(s) of livestock operation.
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Type(s) of livestock kept.
DATCP or its agent will issue a written or electronic premises registration certificate to each registrant, depending on the form of registration. The registration certificate will include a unique premises registration code generated by USDA (the premises code is assigned to the primary premises location). If the registrant is currently licensed by DATCP (dairy farms, deer farms, livestock markets, etc.), the premises code will be included on the registrant's annual license.
Confidentiality
Premises registration information required under this rule is confidential. However, the premises code itself is not confidential. Neither DATCP nor its contract agent may disclose confidential registration information to any other person or agency (except USDA). DATCP may disclose confidential registration information if necessary to prevent or control disease, or to protect public health, safety or welfare. DATCP may also disclose information with the registrant's permission.
This confidentiality does not apply to information required under other laws. For example, information that was required of license holders and was open to public inspection prior to the effective date of the livestock premises registration law remains open to public inspection. But premises registration information required for the first time under the new law, or under this rule, must be kept confidential.
DATCP may create aggregate information (such as maps and statistics) from registration information, but may not disclose that information if it would reveal (or make it possible to deduce with certainty) the address or identity of any registrant.
Contract Agent
DATCP may contract with an agent (presumably WLIC) to process registrations, manage registration information, and perform other functions on behalf of DATCP. The registration process must be conducted under the name of DATCP, not the contract agent. DATCP must approve the registration process and forms.
The contract agent may not do any of the following without DATCP approval:
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Change the registration process or forms.
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Use or disclose any information that it acquires as DATCP's agent.
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Purport to collect information as DATCP's agent.
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Ask a registrant for permission to use or release confidential registration information.
A contract agent must specifically identify to DATCP the individuals who will handle confidential information. Each of those individuals must sign a confidentiality agreement with DATCP. Neither the contract agent, nor any individual affiliated with the contract agent, may disclose confidential information or use it for financial advantage.
A contract agent must comply with applicable state standards related to the storage, handling and disposition of state records. If a contract is terminated, the contract agent must return all registration records to DATCP. DATCP may terminate a contract at any time.
Receiving Livestock from Unregistered Premises
This rule prohibits the receipt of livestock from unregistered premises for purposes of sale, exhibition or slaughter. But this prohibition does not apply unless USDA or surrounding states impose an equivalent prohibition in all of the surrounding states.
Changes to Existing Rules
This rule modifies current DATCP rules related to the licensing of dairy farms, deer farms, fish farms, animal markets, animal dealer premises, animal trucker premises, slaughter establishments, equine quarantine facilities and rendering establishments by incorporating by reference the new livestock premises registration requirements under this rule.
Fiscal Impact
The livestock premises registration program will have no fiscal impact on local government, but it will have a significant fiscal impact on DATCP. DATCP expects to incur one-time costs of $42,000 and annual costs of $918,600 to implement the program (see fiscal estimate attached). DATCP has requested, and hopes to receive, federal funding to cover these costs. However, federal funding is not assured.
If federal funding is not forthcoming, state funding will be needed. As required by
2003 Wisconsin Act 229, DATCP will submit a biennial budget request for state appropriations (tax dollars or fee revenues) to fund the program in the FY 2005-07 biennium. The Legislature will determine the funding source and amount. This rule does not create any registration fees.
Business Impact
This rule implements the livestock premises registration program mandated by the Legislature in
2003 Wisconsin Act 229. This rule will affect an estimated 60,000 Wisconsin businesses, including the following (many of these businesses are “small businesses"):
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Livestock producers, including dairy, beef, swine, poultry, farm-raised deer, sheep, goat, fish and exotic livestock producers.
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Horse owners and stable operators.
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Livestock markets, dealers and truckers.
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Slaughter establishments.
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Rendering and dead animal processing establishments.
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Operators of livestock exhibitions.
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Veterinary clinics.
Affected businesses must register their premises annually with DATCP. There is no fee. Businesses can register on-line or in writing. Businesses currently licensed by DATCP, including dairy farms, deer farms, fish farms, animal markets, animal dealers, animal truckers, slaughter establishments, equine quarantine facilities and rendering establishments, can comply just by completing a few additional lines on their annual license applications. DATCP will facilitate annual renewals by sending automatic renewal notices to all registrants.
This rule does not create any new record-keeping or reporting requirements, other than the basic annual registration requirement. It does not require businesses to hire any new professional services. This rule establishes a delayed effective date of January 1, 2006, so that affected business will have time to understand and comply with the new registration requirement. For persons currently licensed by DATCP, the effective dates are further delayed to coincide with the start of an annual licensing period.
DATCP will work with the livestock industry to implement the new program, which will have important benefits for the industry. DATCP and its contract agent will implement an information and education program, and it will provide convenient registration mechanisms for affected businesses. DATCP will also make it easy for registrants to renew annually by sending automatic renewal forms (registrants need only update pre-printed information, if that information has changed).
This rule will not have a significant adverse economic impact on small business, and it is not subject to the delayed small business effective date provision in s.
227.22(2)(e), Stats.
