Rule-Making Notices (Hearing Notices)

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This rule makes minor technical changes to the rule, removes outdated references and corrects errors.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:

•   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.

Farm-raised Deer

All of the surrounding states require CWD testing of farm- raised deer:

•   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.

•   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.

•   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.

•   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

•   Iowa has no related program.

•   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.

•   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.

•   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:

•   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.

•   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 [e-mail]. Telephone [phone].

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:

•   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).

•   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).

Contact Person

Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911; telephone [phone]; email: [e-mail].