Serves as the state clearinghouse for certificates of veterinary inspection and other health certificates issued in connection with the import or movement of animals.
Responds to disease emergencies and bio-security threats.
Coordinates animal health programs with the United States department of agriculture, animal and plant health inspection service (“federal bureau").
DATCP has adopted extensive rules, under chs.
ATCP 10 and
11, Wis. Adm. Code, related to animal disease and movement. These rules provide the foundation for Wisconsin animal disease control programs. This rule consolidates, reorganizes and clarifies the current rules, so that the rules will be easier to read and understand.
This rule does
not significantly alter the substance of the current rules, except as noted below. This rule does
not change current rules related to animal markets, dealers, or truckers (ch.
ATCP 12, Wis. Adm. Code), except that this rule makes minor technical changes to those rules.
Key Rule Changes
Rule Reorganization
This rule consolidates current rules contained in chs.
ATCP 10 (animal diseases) and ATCP 11 (animal movement) into a single new ch.
ATCP 10 (animal diseases and movement). The new rule is organized by animal species. This will make it much easier for affected persons to find and understand the rules that apply to them. The redraft simplifies and clarifies current rules, eliminates redundant material, and improves internal consistency. This rule does
not change the substance of the current rules, except as provided below.
New Options for Poultry Producers
This rule provides new, more cost-effective, disease monitoring options for small poultry producers. Current rules restrict the sale or movement of poultry or eggs for breeding, hatching or exhibition unless producers are enrolled in the national poultry improvement program. But the national program is designed mainly for large poultry operations, and may not be cost-effective for small operations. This rule provides more cost-effective alternatives for small producers. These voluntary alternatives may result in more disease monitoring and market access by small producers.
Under this rule, a flock owner who is not enrolled in the national poultry improvement program may nevertheless sell or move poultry for breeding, hatching or exhibition if the flock is enrolled as a Wisconsin tested flock or
Wisconsin associate flock. A flock may be enrolled as a Wisconsin tested flock if the flock owner tests annually for pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum. A flock may be enrolled as a Wisconsin associate flock if it consists entirely of birds obtained from a Wisconsin tested flock. There is no charge to enroll in either program. DATCP will issue certificates that flock owners can use to document enrollment.
State-Federal Consistency
This rule coordinates state disease testing and certification programs with federal programs, to ensure consistent state and federal standards where possible. These technical changes will eliminate conflicting regulatory requirements, and will have no adverse impact on Wisconsin producers. The technical changes will facilitate disease control and animal movement, and will have no adverse impact on disease control.
Johne's Disease; Voluntary Testing and Herd Management
Johne's disease is a serious and widespread disease that affects Wisconsin's dairy and cattle industries. The disease also affects goats. Wisconsin has a voluntary program for Johne's disease herd testing, herd classification and herd management. This rule changes the Wisconsin program, so that it will be consistent with federal program standards. This will help ensure the continued availability of federal funds.
Based on the availability of federal funds, this rule expands producer eligibility for reimbursement of costs related to voluntary Johne's disease testing and herd management. Under current state rules, a producer may claim reimbursement of testing costs only, and then only if the producer participates in the Johne's disease herd classification program. Under this rule, producers may also claim reimbursement of costs for herd risk assessments, herd management plans and herd vaccination.
A producer is eligible for cost reimbursement under this rule, regardless of whether the producer participates in Wisconsin's herd classification program for Johne's disease. Participation in the herd classification program is voluntary, but may facilitate sales of cattle under current state law. Under this rule, a producer who chooses to participate in the herd classification program must have a herd risk assessment and management plan (per federal standards).
This rule simplifies current standards for Johne's disease sample collection and testing (per federal standards), and gives participating producers more testing and management options. These changes may encourage more voluntary testing and herd management. This rule preserves the confidentiality of Johne's disease herd records, per current law.
Johne's Disease Reactors
Under current rules, an animal that tests positive for Johne's disease must be permanently identified as Johne's positive. This rule removes that requirement. The federal program does not require reactor identification, nor do a majority of other states.
Johne's Disease; Certified Veterinarians
Under this rule, DATCP may reimburse producers for Johne's disease herd risk assessments, herd management plans and vaccinations, but only if the work is done by veterinarians who complete training provided by DATCP.
Sheep and Goats; Identification
This rule requires official individual identification of sheep and goats sold or moved within this state, consistent with federal standards (slaughter animals are exempt, if neutered or under 12 months old). This change will facilitate exports of Wisconsin sheep and goats.
Fairs and Exhibitions; Disease Control
This rule strengthens and clarifies disease control standards related to fairs and exhibitions, including organized swap meets, which can spread serious diseases. This rule clarifies the responsibilities of exhibition organizers and exhibitors.
Under this rule, a “fair" means a state, county or district fair. An “exhibition" means an organized fair, swap meet, rodeo, trail ride, show or other organized event at which animals owned by different persons are brought together from different premises and exhibited on the same premises. An “exhibition" does not include any of the following:
An animal market or animal dealer premises (animal markets and dealers are currently regulated under ch.
ATCP 12).
An exhibition operated by an institution accredited by the American association of zoological parks and aquariums.
A wild animal exhibition operated pursuant to a permit from the Wisconsin department of natural resources.
Under this rule, a person who exhibits an animal at a fair or exhibition must do all of the following:
Comply with current applicable requirements related to the movement and exhibition of animals (disease testing, etc.). This rule does not change current requirements.
Provide all of the following to the organizer of the fair or exhibition:
The exhibitor's name and address.
Identification of the animals exhibited, including number, type and description.
Documentation to show compliance with applicable animal health requirements related to animals shown at fairs or exhibitions (this rule does not change current requirements).
The livestock premises code, if any, of the premises from which the animals originate.
Under this rule, the organizer of a fair or exhibition must do all of the following:
Take reasonable steps to ensure that exhibitors comply with their disease control obligations (see above).
Review and keep copies of exhibitor information (see above). The organizer must keep copies for at least 5 years, and must make them available to the department for inspection and copying upon request.
Appoint a licensed veterinarian to do all of the following on behalf of the organizer, if the fair or exhibition lasts for more than 24 hours:
Conduct a daily inspection of the exhibited animals.
Review exhibitor information (see above).
Livestock Premises Codes
This rule coordinates animal health rules with Wisconsin's new livestock premises identification law. For example, certificates of veterinary inspection must include livestock premises codes, if any. This rule does not expand current premises registration requirements or sanctions.
Certificates of Veterinary Inspection
This rule updates and standardizes current requirements related to certificates of veterinary inspection. Under this rule:
All certificates are valid for 30 days (90-day validity for animals imported to fairs or exhibitions is eliminated).
Certificates must include livestock premises codes,
if any.
A certificate must include relevant herd certification numbers, if the certificate represents an animal originates from a certified disease-free herd.
Fish Farms; Annual Health Certificate
Under current rules, fish farms in this state must file an annual health certificate with DATCP. A veterinarian or qualified inspector must issue the certificate, based on an inspection of the fish farm. This rule eliminates the annual health certificate requirement, which will save an average of $200 per year for each fish farm operator.
Fish Imports
This rule modifies current requirements related to live fish imports to this state. Under current rules and this rule, a DATCP import permit is required (there are limited exceptions). DATCP must grant or deny an import permit within 30 days after DATCP receives a complete application.
Under current rules, an import permit expires on December 31 of the year in which it is issued. Under this rule, an import permit expires one year from the date on which it is issued, unless DATCP specifies an earlier expiration date in the import permit. Under current rules, there is no fee for a fish import permit. This rule sets a fee of $50 per import permit.
Under current rules, a health certificate issued by a qualified fish health inspector must accompany every import shipment. Under this rule, the health certificate must also be included with the import permit application. DATCP must approve the health certificate before it issues the import permit. DATCP may set an import permit expiration date that conforms to the expiration date of the health certificate.
Under current rules and this rule, a health certificate must be based on one of the following:
An inspection of the fish farm from which the import shipment originates. Under this rule, this type of health certificate expires one year after it is issued (unless DATCP specifies an earlier expiration date). The health certificate must include the name and address of the fish farm operator, the name and address of the fish farm, and the fish farm's livestock premises code if any.
An inspection of the import shipment itself. Under this rule, this type of health certificate expires 30 days after it is issued (unless DATCP extends the expiration date). The health certificate must describe the source and contents of the inspected shipment.
This rule clarifies that a person may not import fish or fish eggs based on an expired health certificate.
Fish Introduced into Waters of the State
Under current rules, no person may introduce fish or fish eggs to waters of the state unless a qualified fish health inspector issues a health certificate for those specific fish or fish eggs, or for the fish farm from which they originate. A fish farm health certificate, if any, must be issued no earlier than January 1 of the year prior to the year in which the fish are introduced into waters of the state.
This rule changes current rules related to fish health certificates required for the introduction of fish or fish eggs into waters of the state, so that those rules are consistent with rules for health certificates related to fish imports. Under this rule:
DATCP must approve the health certificate before the person introduces the fish or fish eggs into waters of the state. DATCP must grant or deny approval within 30 days after the health certificate is filed with DATCP. If the fish or fish eggs are being imported from another state, DATCP may grant approval when it issues an import permit for those fish or fish eggs (see above).
The health certificate must be based on one of the following:
An inspection of the fish farm from which the fish or fish eggs originate. This type of health certificate expires one year after it is issued (unless DATCP specifies an earlier expiration date). The health certificate must include the name and address of the fish farm operator, the name and address of the fish farm, and the fish farm's livestock premises code if any.
An inspection of the fish or fish eggs. This type of health certificate expires 30 days after it is issued (unless DATCP extends the expiration date). The health certificate must describe the inspected fish or fish eggs, and must identify the source from which they originate.
A person may not introduce fish or fish eggs to waters of the state based on an expired health certificate.
Fish Health Certificate Forms
Under current rules, a fish health certificate must be issued on a form provided by DATCP. The form may specify information to be included in the health certificate. This rule clarifies that the form may require certain lab test results, to support the conclusions stated in the health certificate. Health certificate requirements are orders reviewable in contested case proceedings under ch.
227, Stats., unless they are adopted by rule.
Qualified Fish Health Inspectors
Under this rule, as under the current rule, fish health certificates must be issued by qualified fish health inspectors. This rule clarifies that the following individuals are considered qualified fish health inspectors unless disqualified by DATCP:
An individual who is currently certified by the American fisheries society as a fish health inspector or fish pathologist, and who has completed fish health inspection training approved by DATCP.
An individual who is currently authorized by a state to conduct official fish health inspections in that state, and who has completed a fish health inspection training program approved by DATCP.
A Wisconsin certified veterinarian who has completed a fish health inspection training program approved by DATCP.
For purposes of an action taken outside this state, any accredited veterinarian.
Under this rule, DATCP may disqualify a fish health inspector for cause, including violations of this rule or the issuance of unreliable health certificates. The state veterinarian may issue a disqualification notice on behalf of DATCP. The notice must specify the reason for disqualification.
Qualified Fish Health Laboratories
Fish health tests required under this rule must be performed by qualified laboratories. This rule clarifies that the following laboratories are considered qualified laboratories unless disqualified by DATCP:
A laboratory approved by the federal bureau for purposes of disease testing related to interstate movement of fish or fish eggs.
A laboratory approved by DATCP.
A federal or state veterinary diagnostic laboratory.
Under this rule, DATCP may disqualify a fish health laboratory for cause, including violations of this rule or unreliable test results. The state veterinarian may issue a disqualification notice on behalf of DATCP. The notice must specify the reason for disqualification.
Farm-Raised Deer
This rule modifies current rules related to farm-raised deer. Among other things, this rule does the following:
It requires persons collecting chronic wasting disease test samples to submit those samples for testing within 10 days after they are collected.
It clarifies and updates standards and procedures that apply under the (renamed) chronic wasting disease herd status program, including standards and procedures related to the suspension, revocation and reinstatement of enrollment.
It changes the deadline for reporting escaped farm-raised deer from 48 hours to 24 hours after the escape is discovered.
Circus, Rodeo and Menagerie Animals
