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Requires fish health certificates cover all listed species of fish or fish eggs imported under the permit.
This rule makes the following changes to fish health certificate forms and contents:
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Allows for forms, other than DATCP's, to be used, as long as the forms are approved by the department. The current rule requires the form be provided by the department.
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Reduces VHS testing required on imported fish. VHS testing, under this rule, is required only on susceptible species (as defined by the federal bureau) from states or provinces where the disease is known to exist. The current rule requires testing of all live fish or fish eggs imported from known VHS-infected states and regions. This change will make Wisconsin consistent with federal requirements.
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Allows for egg disinfection processes, as approved by the federal bureau, as an acceptable method of ensuring the disease-free status of fish eggs. Under current rules, fish health certificates are based on testing of the brood stock.
Sheep and Goats
This rule exempts imported sheep and goats from the requirement of a certificate of veterinary inspection if the sheep and goats are going to a federally-approved import market.
Other Animals
The current rule allows dogs and domestic cats to be imported into this state if they do not have a current rabies vaccination, but requires that the animal be vaccinated within 30 days after the dog or domestic cat enters the state. This is extremely difficult to monitor and enforce. Under this rule, all dogs and domestic cats must have a current rabies vaccination in order to be imported, unless the dog or domestic cat is under 5 months of age. This rule requires that an imported dog or cat under 5 months of age must be vaccinated for rabies by a licensed veterinarian, by the date on which the dog or cat reaches 5 months of age.
The current rule requires animals imported for racing events to get an import permit as well as a CVI, with testing appropriate for the species being imported. This rule removes the specific requirement for racing animals to get an import permit. All animals used for racing will still need to comply with the CVI and import requirements appropriate for the species.
Enforcement
This rule creates a waiver process that will allow the department to grant an individual a waiver from any requirements under ATCP 10, if the department finds that the waiver is reasonable and necessary under the circumstances and will not compromise the purpose served by the rule. This waiver is a written department order and may not waive any statutory requirements.
Appendix B
The current rule requires a person who diagnoses, or obtains, credible diagnostic evidence of a disease listed in appendix B report that finding to the department within 10 days. This rule removes equine rhino pneumonitis from appendix B and adds equine herpes virus. Rhino pneumonitis is a form of equine herpes virus and the use of equine herpes virus will catch all equine herpes viruses, of which there are nine forms.
This rule also updates the spelling of some listed diseases to the American spelling.
Animal Markets, Animal Dealers and Animal Truckers
The current rule requires a licensed and accredited veterinarian to write a graphic description as official identification for an equine animal. This rule allows for department or USDA-approved staff to write a graphic description of an equine animal.
The current rule requires that the person having custody of the animal have a reader in order for a microchip to be a valid form of official identification. This rule deletes the provision. Current readers can read a multitude of different brands of microchips.
Current rules do not require official identification for animals that are received by a person licensed under ATCP 12 for shipment to slaughter. It has not been clear what qualifies as shipment to slaughter. This rule defines “shipment to slaughter" in order to allow licensed markets and dealers to congregate enough animals, at a single premises, to go to slaughter in a cost effective manner, as long as there is no change of ownership, without having to apply official identification to the animals. The process of “shipment to slaughter" cannot exceed 10 consecutive days. Downer animals may not be held for more than 24 hours before being sent for rendering or euthanized in a humane manner.
This rule includes the statutory exemption from animal market licensure for occasional auctions by breed and youth groups, and specifies the entities that must maintain the records of those sales.
The current rule requires that licensed animal markets clean and disinfect between public sales. This rule removes that requirement. Markets are still required to maintain their premises in a clean and sanitary condition. Cleaning and disinfection is only required when a suspect or reactor animal is known to be present.
The current rule requires equine markets to have equine stocks. This rule allows more flexibility for equine market operators, but requires that the equine be restrained in a safe and humane manner. Equine stocks are not required.
This rule clarifies that all animals at licensed animal markets must be confined in a safe and humane manner.
Current rules require dead animal holding areas and manure holding areas to be enclosed, or the entire market fenced, to keep out dogs and wild animals. This rule removes that requirement. In practice, it is not practical to keep gates closed at all times, or to build a fence that could keep out all wild animals.
Current rules exempt a licensed animal market operator from the requirement to have an animal dealer license. This rule clarifies that the exemption also applies to an employee of a licensed animal market operator who acts solely on behalf of the licensed animal market.
Current rules prohibit a licensed animal market from accepting delivery of livestock or wild animals from an unlicensed animal trucker, if the operator knows, or has reason to know, that the animal trucker is unlicensed. This rule expands this requirement to prohibit accepting livestock or wild animals from an unlicensed animal dealer, as well, if the market operator has reason to know that the animal dealer is unlicensed.
Current rules require the operator of an animal transport vehicle to display the operator's name, license number and business address on both sides of the vehicle. This rule allows that information to be displayed either on both sides of the transport vehicle or on both sides of the power unit. Additionally, this rule requires only the city and state, rather than the full address, be displayed. The requirement that vehicle stickers, indicating current licensure, be displayed on both sides of the transport vehicle remains unchanged.
Current rules require vehicles used to transport diseased or downer animals to be cleaned and disinfected before being used to transport other animals. The disinfectant used must be approved by the department. This rule removes the requirement that a disinfectant must be approved by the department. Disinfectants must be used according to label instructions but need not be approved by the department.
The current rule requires that persons licensed under ATCP 12 record any official identification present on an animal whether or not the official identification is required. This rule modifies this provision, requiring the official identification to be listed in the records only if the animal is required to bear official identification.
Current rules require a licensed animal trucker to keep the same records as a licensed animal market or animal dealer. This is duplicative since the animal market or animal dealer will record the official identification of all animals, thus insuring traceability. This rule reduces the record keeping requirements for animal truckers by removing the requirement to record the official identification of all animals. This rule retains the licensed animal trucker's obligation to keep other records of the source, destination, number and general description of the animals and applicable premises codes. Slaughter identification is also required if shipping to slaughter. Additional information is required when an animal dies in the animal trucker's custody.
Current rules require licensed facilities that handle downer animals to register with the department and be equipped in a specified manner to handle them humanely. Federal law now prohibits these downer animals from being sent to slaughter, eliminating the market for downer animals. Therefore, there will not be animal markets or animal dealers that intentionally handle downer animals. This rule removes the requirement of registering with the department. Licensed entities will still be required to handle animals that become downer animals while they are in a licensee's possession in a humane manner that is prescribed in the current rule.
The current rule restricts the commingling of different animal species during transit. This rule clarifies that different animal species cannot be commingled if they are not of a comparable size, or if one species poses a known disease threat to the other species being hauled.
This rule prohibits an animal market, animal dealer, or animal trucker from selling, moving or disposing of any live animal, that has been tested for a disease identified in ATCP 10 Appendix A or B, before the result of that test is known.
This rule makes minor technical changes to the rule, removes outdated references and corrects errors.
Humane Officer Training and Certification
The current fee to be certified as a humane officer is $25. This rule increases the application fee to $35 and clarifies that this fee is nonrefundable.
Current rules require certified humane officers to complete 32 hours of continuing education (CE) in order to renew the biennial certification. (This requirement does not apply at initial certification because humane officers have already just completed an initial 40-hour training program.) This rule clarifies individuals who allow their certification to expire, will still need to demonstrate compliance with the requirement for 32 hours of CE before the certification will be renewed. If more than 2 years expired, other rules apply (see below). If the CE courses taken to comply with the 32 hours of CE are taken in the current certification biennium, this rule clarifies that those continuing education hours will count towards the renewal certification only. To renew the following biennium, the individual will need to complete an additional 32 hours of CE.
Current rules do not specify whether after humane officer certification expires, the person may renew the certification, or must apply as a new applicant. This rule clarifies humane officers that allow their certification to expire, and remain expired for over two years, must apply as a new applicant, retake the initial training required and pass the test. Certifications which have been expired more than 2 years may not, therefore, be renewed.
This rule also clarifies that late fees will apply if the certification has expired.
This rule requires certified humane officers to notify the department of changes in name, address and phone numbers that occur during the certification period.
Current rules set minimum education hours requirements for each topic of the humane officer training program. This rule keeps the requirement that the humane officer training program provide at least 40 hours of training, but removes the specific hours required for each topic.
Under current rules, a person who takes the initial exam to be certified, and fails it twice, may not retake it. This rule allows for the exam to be retaken but only if the person retakes the training program.
Re-inspection Fees
The department has statutory authority to assess a re-inspection fee on a licensed or registered entity, if during a previous inspection, violations are noted that require the department's staff to come back and verify that compliance has been achieved. This rule codifies the authority for re-inspection fees, and sets the re-inspection fee at $150. Our focus is on education and progressive enforcement and these fees are not expected to generate significant future routine revenue.
Federal and surrounding state programs
Federal Programs
Most animal health regulations are adopted and administered at the state level. However, the United States Department of Agriculture (USDA) administers federal regulations related to the interstate movement of animals, particularly with respect to certain major diseases. States regulate intrastate movement and imports into the state. States certify the disease status of certain herds, at the request of herd owners, to facilitate interstate movement of animals from those herds. States also license and regulate entities such as animal markets, animal dealers and animal truckers (regulations vary by state).
State regulation of interstate animal movement is generally consistent with federal standards, where applicable. However, states may impose additional import requirements if those requirements are reasonably designed to prevent the spread of disease, and do not impose an unreasonable burden on interstate commerce.
Wisconsin's current rules related to farm-raised deer are consistent with applicable federal rules. However, USDA is proposing changes to federal rules related to CWD in farm-raised deer. The proposed federal rules may modify current testing and monitoring requirements for interstate movement, and may modify current identification requirements for interstate movement. DATCP may modify current state rules in the future, as necessary, to be consistent with the new federal rules.
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.
Surrounding State Programs
General
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:
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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.
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Iowa requires fish import permits, and licenses fish farms. Health certification is required for fish imports, but not for fish farms.
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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.
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Michigan licenses fish farms. Health certification is required for fish imports.
Farm-raised Deer
All of the surrounding states require CWD testing of farm- raised deer:
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Illinois requires any farm-raised deer dying from an unknown cause that has exhibited neurological disorder be tested for CWD, and any farm-raised deer exhibiting symptoms of CWD to be destroyed and tested, or quarantined until it can be determined that the animal does not have CWD.
Additionally, two `voluntary' CWD herd monitoring programs have been established (“Certified Monitored" and “Contained Monitored") - intrastate movement or sales of farm-raised deer are contingent upon participation in one of the programs.
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Iowa requires that farm-raised deer purchased or moved be enrolled in a CWD surveillance program. The voluntary surveillance program requires collecting and submitting appropriate samples from all cases of mortality, including slaughter, in animals 16 months of age and older and requires copies of the laboratory reports to be maintained.
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Michigan requires mandatory CWD surveillance; all death losses due to illness in farm-raised deer herds for deer that are over 12 months of age, and 25% of hunted/culled deer must be reported to Department of Agriculture and samples submitted for CWD testing.
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Minnesota requires mandatory CWD testing for all farm-raised deer.
Animal Markets, Animal Truckers, and Animal Dealers
All surrounding states license Animal Markets and Dealers. These licensed entities are required to meet minimum standards regarding facilities and animal handling, and record keeping.
Humane Officers
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Iowa has no related program.
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The Minnesota Federated Humane Societies (MFHS) is authorized to provide a one-day training class on the Minnesota animal laws and related topics. The MFHS administers a test at the end of the one-day training, and certifies those that pass. There is no requirement for additional training or continuing education.
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Michigan requires individuals to complete 100 hours of training classes, or other experience on their own. Documentation of the training is submitted to the Michigan Department of Agriculture for approval. If the training is approved, the department issues a letter of approval. The individual is then able to seek employment with a jurisdiction. No additional continuing education is required.
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Illinois requires volunteers that are sponsored by a humane society, to attend a ½ day training course conducted by the Department of Agriculture reviewing the animal laws of the state. An exam is then administered after the review. The individual must pass the test once every 2 years to maintain certification. The individual is then authorized to conduct investigations of animal welfare complaints. No additional continuing education is required.
Data and analytical methodologies
USDA specifies standard animal disease test methods and procedures that are incorporated by reference in current DATCP rules.
Fiscal Impact
This rule will not have a significant state or local fiscal impact. This rule reduces overall revenue to the state by an estimated $3,200 in the following manner:
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This rule creates an additional category of farm-raised deer keeper that has a lower fee. The department estimates that this provision will affect 44 currently registered deer farmers, allowing them to register at the lower fee, reducing state revenues by $3,400.
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This rule increase the fee for humane officer certification by $10 (from $25 to $35) generating $240 in additional revenue annually.
Business Impact
This rule will have a generally positive impact on business. This rule will have few, if any, negative impacts on business. Negative impacts, if any, will be limited.
DATCP's small business regulatory coordinator is Keeley Moll at the address above. Email
Keeley.Moll@wisconsin.gov. Telephone (608) 224-5039.
Economic Impact
This rule will have no impact on local units of government or public utility rate payers. This rule will have limited impact on specific businesses and business sectors a majority of which are small businesses as summarized above. In general this rule will have a generally positive impact on the effected industries.
This rule's overall economic impact is limited in scope and will not have an impact on the overall economy of the state.
Standards Incorporated by Reference
Pursuant to s.
227.21, Stats., DATCP is seeking permission from the attorney general to incorporate the following standards by reference in this rule, without reproducing the standards in full in this rule:
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Program standards for the national voluntary Johne's disease control program, United States department of agriculture, animal and plant health inspection service, publication number 91-45-016 (September, 2010).
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National Poultry Improvement Plan and Auxiliary Provisions, United States department of agriculture, animal and plant health inspection service, publication number 91-55-088, (July, 2011).
