Importing Farm-Raised Deer
Farm-raised deer imported to this state must meet standards specified in current rules. Among other things, the imported animal must meet one of several alternative requirements related to tuberculosis status. This rule modifies current import standards, based on current federal standards for interstate movement. This rule eliminates current requirements for post-import testing.
Moving Farm-Raised Deer Within Wisconsin
Farm-raised deer moved between separately registered herds in this state must meet standards specified in current rules. Among other things, the farm-raised deer must meet one of several alternative requirements related to tuberculosis status. Under one alternative, a farm-raised deer may qualify for movement if it tests negative on 2 tuberculosis tests, where the second test is performed within 360 days prior to movement. Under this rule, the second test must be conducted within 90 days prior to movement.
Under this rule, a farm-raised deer may not be moved between separately registered herds in this state unless it has been enrolled in Wisconsin's chronic wasting disease status program for at least 5 years. If the source herd is located in a DNR wild deer chronic wasting disease eradication zone, it must have been enclosed by a DATCP-approved double fence for at least 5 years.
Cattle
Johne's Disease Testing and Herd Classification
DATCP currently administers a voluntary herd testing and classification program related to Johne's disease in cattle. Herd testing and classification is conducted according to federal standards adopted by the United States department of agriculture (USDA). This rule incorporates the latest version (2006) of the USDA standards.
Under current rules, Johne's disease test samples must be collected by an accredited veterinarian, by an individual working under direct supervision of an accredited veterinarian who submits the sample for testing, or by an authorized DATCP or USDA employee or agent. Under this rule, a milk sample for Johne's disease testing may also be collected by a Dairy Herd Improvement Association (DHIA) authorized technician.
Imported Cattle and Bison; TB Test Exemption
Current rules exempt imported bovine animals (cattle and bison) from the requirement of a pre-import tuberculosis test if the animals originate from a state that USDA has classified as “TB-free" if that state accepts Wisconsin animals without a TB test. Under this rule, the exemption does not apply if the state of origin has a confirmed TB-positive herd, until that herd is depopulated and all epidemiologically linked herds have tested negative for TB.
Cattle and Bison from Mexico
Under this rule, no person may import an “M-branded" bovine animal (cattle or bison) to this state, except directly to slaughter. “M-branded" animals are animals branded with the letter “M" to signify that they have been imported from Mexico.
Poultry
National Poultry Improvement Plan Enrollment
Under current rules, a poultry flock owner may enroll the flock in the national poultry improvement program (DATCP administers the program in this state). Enrollment facilitates the sale and movement of poultry. Under this rule, a flock may not be enrolled in the program unless the flock premises have been registered under Wisconsin's livestock premises registration program (the premises ID number must be included on the enrollment application).
Poultry Imports
Under current rules, poultry may not be imported to Wisconsin unless they are accompanied by a valid certificate of veterinary inspection that certifies all of the following:
• They originate from flocks enrolled in the national poultry improvement plan.
• They originate from flocks classified as “U.S. pullorum-typhoid clean" and, in the case of turkeys and turkey eggs, “Mycoplasma gallisepticum clean" under the national poultry improvement plan.
This rule changes current poultry import requirements. Under this rule, poultry may not be imported to Wisconsin unless they are accompanied by a valid certificate of veterinary inspection that certifies at least one of the following:
• They originate from flocks enrolled in the national poultry improvement plan.
• They originate from flocks classified as “U.S. pullorum-typhoid clean" and, in the case of turkeys and turkey eggs, “Mycoplasma gallisepticum clean" under the national poultry improvement plan or under an equivalent plan approved by DATCP.
• All test eligible birds have tested negative for pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum within 90 days prior to import. Tested birds must bear official individual identification, and there may be no change of ownership between the test sampling date and the import date.
Llamas and Alpacas
Under this rule, a llama or alpaca imported to Wisconsin must be accompanied by a certificate of veterinary inspection that includes the official individual identification of the llama or alpaca.
Animal Markets
General
This rule does all of the following:
• Eliminates the current requirement for animal market operators to pass a test before being initially licensed by DATCP.
• Requires animal market operators to transport and handle animals in a safe and humane manner.
• Clarifies animal transport vehicle registration requirements.
• Requires animal market operators to record the official individual identification of goats that bear official individual identification.
• Requires animal market operators to record the livestock premises code, if any, of each premises from which the operator receives or to which the operator ships livestock.
Federally Approved Livestock Import Markets
Under current rules, certain livestock imported to a federally-approved livestock import market in this state are exempt from Wisconsin import requirements, provided that they meet those requirements before leaving the market. Under this rule, before the animals leave the market, the market operator must also disclose the animals' state of origin to the animal purchaser.
Animal Dealers
This rule does all of the following:
• Eliminates the current requirement for animal dealers to pass a test before being initially licensed by DATCP.
• Requires animal dealers to transport and handle animals in a safe and humane manner.
• Clarifies animal transport vehicle registration requirements.
• Requires animal dealers to record the official individual identification of goats.
• Requires animal dealers to record the livestock premises code, if any, of each premises from which the dealer receives or to which the dealer ships livestock.
Animal Truckers
This rule does all of the following:
• Eliminates the current requirement for animal truckers to pass a test before being initially licensed by DATCP.
• Eliminates the current license exemption for animal truckers that haul animals for other persons fewer than 6 times per license year.
• Requires animal truckers to transport and handle animals in a safe and humane manner.
• Clarifies animal transport vehicle registration requirements.
• Requires animal truckers to record the livestock premises code, if any, of each premises from which the trucker receives or to which the trucker ships livestock.
Slaughter Establishments
Under current rules, no person may remove livestock from a slaughter establishment after the animal has been weighed and purchased by the slaughter establishment. Under this rule, no person may remove livestock after they have been off-loaded at the slaughter establishment.
Disease Indemnities
Under current law, DATCP may condemn and order the destruction of animals to prevent the spread of serious diseases. In some cases, the owner of the diseased animals may be eligible for state indemnity payments. Under this rule, if the owner of a diseased animal is eligible for state indemnities, and if the animal is of a type not frequently sold at public auction, DATCP must appoint a knowledgeable independent appraiser to determine the value of the animal. The appraiser must determine appraised value based on the animal's size, species, sex, and grade or quality, and by relevant information related to prevailing market prices for animals of that size, species, sex, and grade or quality.
Prohibited Practices
This rule prohibits any person from selling, moving or disposing of an animal before the result of a disease test of that animal is known, if that disease test is required by law prior to the sale, movement or disposition.
Livestock Premises Registration
Registration Renewal Period
Under current law, a person keeping livestock in this state must register each location where those livestock are kept. “Livestock" includes bovine animals, equine animals, goats, poultry, sheep, swine other than wild hogs, farm-raised deer, captive game birds, camelids, ratites and fish. Under current DATCP rules, a person must renew a livestock premises registration every year. This rule extends the current renewal period. Under this rule, a person will only be required to renew once every 3 years.
Who May Register
Under current rules, if person A feeds and cares for livestock owned by person B, on premises owned by
person C, any of those persons may register the premises (the others need not). However, if the premises are part of an operation (such a dairy farm) that DATCP licenses under other applicable law, current rules provide that only the license holder may register the premises. This rule eliminates that restriction, so that any eligible person (including, but not limited to, the license holder) may register the premises. This rule retains a current rule provision which allows an applicant for an initial license (such as an initial dairy farm license) to register the livestock premises as part of that initial license application.
DATCP May Register Premises if Operator Does Not
This rule authorizes DATCP to register livestock premises, or renew a premises registration, on behalf of an operator that fails to do so. For example, DATCP could register livestock premises on behalf of operators who may have religious objections to registering themselves. Before DATCP registers any premises on behalf of any person, DATCP must notify that person of the person's duty to register and of DATCP's intent to register on that person's behalf. Registration by DATCP does not relieve the person of any penalties or liability that may apply as a result of the person's failure to register the livestock premises.
Other Changes
This rule makes a number of other minor drafting changes designed to update, clarify and correct current rules.
Comparison with federal regulations
DATCP administers animal disease control programs in cooperation with USDA. USDA has well-established control programs for historically important diseases such as tuberculosis and brucellosis. Federal rules for these programs spell out standards for disease testing, disease control, international and interstate movement of animals, certifying the disease status of states, and certifying the disease status of individual herds.
USDA operates national veterinary diagnostic laboratories, and coordinates multi-state responses to major disease epidemics. USDA exercises disease control authority, including quarantine and condemnation authority, and provides funding for indemnity payments to certain owners of condemned animals. USDA operates state and regional offices, and coordinates field operations with states.
USDA has less well-developed programs for new or localized diseases, or emerging animal-based industries. States often take a lead role in developing programs to address new animal health issues and disease threats (farm-raised deer and fish diseases, for example), particularly if those issues or threats have a more local or regional focus. Wisconsin's program related to fish and farm-raised deer are perhaps the leading programs in the nation, and have provided models for proposed federal programs.
USDA may provide grant funding, regulatory incentives, or other assistance in support of state programs and regulation. For example, USDA provides funding for voluntary Johne's disease testing and herd management, based on federal program standards.
States have independent authority to regulate animal health and movement, including imports from other states. However, states strive for reasonable consistency, based on standards spelled out in federal regulations. Where well-established federal standards and procedures exist, state disease control programs typically incorporate those federal standards. However, states may independently address new and emerging disease issues, especially if those issues have a state or regional focus and are not a priority for USDA.
Comparison with rules in adjacent states
Surrounding state animal health programs are broadly comparable to those in Wisconsin, but vary in a variety of ways. Differences in disease regulations and control programs may reflect differences in animal populations, animal-based industries, and disease threats in the different states. Programs for historically important diseases, such as tuberculosis and brucellosis, tend to be fairly similar between states and are based on well-established federal standards. Programs for newer forms of agriculture, such as farm-raised deer and aquaculture, tend to be more variable.
Aquaculture
All of the surrounding states regulate aquaculture, to some degree:
• Minnesota requires fish import permits, and licenses fish farms and fish dealers. Health certification is required for fish imports, but not for fish farms. Bait imports are prohibited.
• Iowa requires fish import permits, and licenses fish farms. Health certification is required for fish imports, but not for fish farms.
• Illinois licenses fish farms and fish dealers. An import permit and health certification is required for certain fish imports (salmonids). There is limited regulation of fish transport vehicles.
• Michigan licenses fish farms. Health certification is required for fish imports.
Johne's Disease
All of the surrounding states (Illinois, Michigan, Iowa and Minnesota) have adopted a voluntary Johne's disease testing and herd management program, based on the federal program. Wisconsin has a similar program, which it is updating under this rule.
Fiscal Impact
This rule will not have a significant state or local fiscal impact, except that the fish health provisions of this rule will have the following impact on DNR and DATCP.
Impact on DNR
This rule will have a fiscal impact on DNR fish hatchery and stocking operations. Under this rule, all VHS-susceptible fish and fish eggs (including VHS-susceptible bait species) must be tested for VHS before being stocked to Wisconsin public waters if they were either (1) collected from a wild source within the preceding 12 months or (2) kept on a fish farm that received fish or fish eggs of any species collected from a wild source within the preceding 12 months.
DNR annually registers approximately 100 fish farms with DATCP. Thirteen of those fish farms are state-owned fish hatcheries. The remainder are registered by DNR but owned by private DNR “cooperators" (as registrant, DNR assumes legal responsibility for compliance with fish health rules). DATCP estimates that DNR will need to conduct VHS tests on a combined total of approximately 120 lots of fish per year (including fish at state hatcheries and “cooperator" fish farms registered by DNR).
Assuming an average test cost of $500 per lot, the total cost to DNR would be approximately $60,000 per year. However, DNR has already implemented a number of internal controls and VHS testing protocols, so the added cost of this rule will be less than $60,000. DNR costs may increase if USDA finds that additional fish species are susceptible to VHS (the amount of the increase will depend on which fish species are found to be susceptible).
Impact on DATCP
DATCP will incur added costs to administer and enforce the fish health testing requirements under this rule. DATCP will need at least 2.0 FTE staff to review and process a large volume of fish health certificates in a timely manner; to train fish health inspectors to collect samples for VHS testing; to provide compliance information and respond to industry inquiries; to conduct inspections and monitor compliance; to conduct investigations of possible law violations; and to initiate enforcement actions if necessary.
