DATCP Docket No. 14-R-13 Proposed Hearing Draft
Clearinghouse Rule No. _______ October 29, 2015
PROPOSED ORDER
OF THE STATE OF WISCONSIN DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
ADOPTING RULES
______________________________________________________________________________
The Wisconsin department of agriculture, trade and consumer protection proposes the following permanent rule to repeal ATCP 10.01 (103), 10.13 (6) (a) 2., 10.22 (5) (b) 4. b., 10.31 (2) (Note), 10.46 (10) (a) 7., 10.47 (3) (b) 6., 10.47 (7) (b) 3., 10.48 (6) (b) 2., 10.53 (2) (d) 2. and 3., 10.53 (5) (a) 1. and 2. and (b) 1., 10.53 (6) (a) 1. to 4., 10.655 (1) (a), 10.655 (3) and (4), 10.82 (3) (c), 12.06 (1m) (bc) and (1s) (c); to renumber ATCP 10.01 (71) (c) 1. to 7., 12.01 (20) (c) 1. to 7., 12.04 (2) (b), 12.05 (1) (b); to renumber and amend ATCP 10.01 (71) (b), 10.46 (5) (b) 2., 10.46 (11) (d), 10.46 (12) (a), 10.48 (1) (c), 10.48 (1) (d), 10.52 (1m) (a) 2., 10.55 (3) (e), 10.56 (1) (a) 2., 10.82 (4) (b), 12.01 (11m), 12.01 (20) (b), 12.05 (2) (b); to consolidate, renumber and amend ATCP 10.13 (6) (a) (intro.) and 1., 10.22 (5) (b) 4. (intro.) and (a), 10.48 (6) (b) (intro.) and 1., to amend ATCP 10.01 (5), (8), (17) (a), (42), (45), (59), 10.01 (71) (c), 10.01 (71) (f) (g) 3., 10.01 (71) (h) 2., (90), (101), and (106) (a), 10.03 (3), 10.06 (3) (a), (4) (intro.) and (j) and (5), 10.07 (4) (title), (a) (intro.) and 3., (b), (c) (intro.) and (d), 10.13 (1) (a) (intro.) and 2., 10.13 (3) and Note, (5), (6) (a), 10.13 (6) (c), 10.21 (1) (a) (intro.), (2) (a) (intro.) and 1., and (b) 1., 10.22 (1) (b) 2. and Note, (2) (b) 4., 10.22 (9) (title) and (a) and Note, (b) and Note, (c) (intro.) and 3., (d), (e) (intro.) and 2. and 3., 10.22 (10) (c), 10.30 (1) (b) 2. and Note, (2) (b) 2., (3) (b) 2., (4) (b) 2., and (6) (b) 2., 10.31 (1) (intro.) and (a), (2) (a) 1. and 3. and (b), 10.35, (1) (a), 10.36 (3), 10.37 (3) (c), 10.40 (1) (intro.), 10.46 (4) (a) and (b) 2., 10.46 (5) (a)., 10.46 (5) (b) 3., (6) (c) 4., (f) Note, (7) (b), (10) (a) (intro.) and 1., 3., 4. and 5., 10.46 (10) (b) (intro.) and 1., 10.46 (10) (c) 3., 10.46 (11) (c), 10.46 (12) (b) and (c) and (13) Note, 10.47 (title), 10.47 (2) (b), 10.47 (3) (title), (a) and Note and (b) (intro.) and 2., 5. and 6. Note, 10.47 (3) (c), 10.47 (3m) (intro.) and (c), 10.47 (4) (intro.) and (4m), 10.47 (6), 10.47 (7) (intro.) and (b) (intro.) and 2., 10.47 (8) (intro.), 10.48 (1) (title), (a) (intro.) and 2., 10.48 (4) and Note, and (5), 10.48 (6) (c) and (d), 10.52 (1m) (a) 1., 10.52 (1m) (a) 2. Note and (b) 1. to 3., 10.52 (7), 10.52 (8) (c) Note, 10.53 (2) (c), 10.53 (2) (e) Note, 10.53 (4) (b) 2., 10.53 (6) (a) (intro.), 10.53 (6) (b) 2. to 4., 10.53 (7) (a) 5., 10.53 (10) (a) 2. b., 10.54 (1) (a) (intro.) and (am), 10.54 (2) (a) and (b) 1., 10.55 (3) (d) Note, 10.56 (3) (f) 1. and 4., 10.58 (1) (b), 10.61 (2) (i) 3. Note, 10.61 (7) (e), 10.62 (7) (intro.) and (a), 10.655 (1) (b), 10.69 (2) (d), 10.74 (1) and Note and (2), 10.76 (1) (b) 4., 10.80 (1) (intro.), 10.87 (1) (b), 10.87 (3) (b) 1., 10.87 (6) (a), 10.91 (1) (intro.), ch. ATCP 10, Appendix B, 12.01 (1g), (8y), 12.01 (20) (c) (intro.), 12.01 (20) (f) and (g) 3., 12.01 (20) (h) 2. and (25), 12.02 (1m) (intro.), 12.02 (3) (c), (d), and (f), 12.03 (2) (b) and (4) (d), 12.04 (9) (a) and (b), 12.05 (1) (a), 12.05 (2) (a), 12.05 (2) (b) second Note, 12.08 (10); to repeal and recreate ATCP 10.13 (1) (b), 10.52 (1m) (b) 4., 10.655 (2); to create ATCP 10.01 (71) (b) 2., 10.01 (71) (c) 2. and 3., 10.01 (71) (g) 4., 10.01 (99m), 10.045, 10.055, 10.07 (4m) (am), 10.13 (1m), 10.46 (1) (f), 10.46 (5) (b) 2. b., 10.46 (10) (ak) (am) and (ao), 10.46 (11) (d) 2., 10.46 (12) (a) 2. and (am), 10.52 (1m) (a) 2. a. and b., 10.52 (3) (c) 1m., 10.52 (6m), 10.52 (7m), 10.53 (6) (am), 10.55 (3) (e) 2. and 3., 10.56 (1) (a) 2. a. and b. and 3., 10.61 (7) (f), 10.80 (3), 10.82 (4) (b) 2., 10.86, Chapter ATCP 12 Note (2), 12.01 (11m) (a), 12.01 (20) (b) 2., 12.01 (20) (c) 2. and 3., 12.01 (20) (g) 4., 12.01 (26m), 12.02 (7) (i), 12.03 (8) (i), 12.04 (2) (b) 2., 12.05 (1) (b) 2., 12.05 (2) (b) 2., 12.08 (27), and 12.09, relating to animal disease control and animal movement, and animal markets, dealers and truckers, and affecting small business. ______________________________________________________________________________
Analysis Prepared by the Department
of Agriculture, Trade and Consumer Protection
This proposed rule will modify current animal health rules to provide for flexibility, clarity and consistency.
Statutes Interpreted
Statutes interpreted: ss. 93.07, 95.20, 95.22, 95.31, 95.45, 95.55, 95.60 95.65, 95.68, 95.69, 95.71, and 95.715 Stats. Statutory Authority
Statutory authority: ss. 93.07 (1), (2) and (10), 93.15 (1), (2) and (3), 95.20, 95.22, 95.38 (3), 95.42, 95.43 (1) and (2), 95.45 (4) (c), 95.55 (6), and 95.60 (3) and (4s), 95.68 (8), 95.69 (8) and 95.71 (8), and 95.715 (2) (d), Stats. Explanation of Statutory Authority
The Department of Agriculture, Trade and Consumer Protection (DATCP) has broad authority to promulgate rules for the proper enforcement of its programs under s. 93.07 (1) and (10), Stats.
DATCP has broad authority under s. 95.20, Stats., to prohibit or regulate the importing of animals into this state or the movement of animals if there are reasonable grounds to believe it is necessary to prevent the introduction or spread of disease in this state. DATCP has specific rulemaking authority on reporting animal diseases under s. 95.22 (2), certificates of veterinary inspection under s. 95.45 (4) (c), Stats., regulation of the farm-raised deer industry under s. 95.55 (6), Stats., regulation of fish farms under s. 95.60 (3) and (4s), regulation of animal markets under s. 95.68 (8), regulation of animal dealers under s. 95.69 (8), regulation of animal truckers under s. 95.71 (8), and regulation of feed lots under s. 95.715 (2) (d), Stats. DATCP makes and enforces these rules, through its Division of Animal Health (Division) Related Statutes and Rules
The Department of Natural Resources (DNR) has statutes and rules that are closely related to some of the program areas in DATCP. Section NR 16.45, Wisconsin Administrative Code, establishes fencing requirements and harvest plan requirements for keepers of farm-raised deer that are white-tailed deer. Section 29.87, Stats., establishes guidelines by which the DNR may dispose of escaped farm-raised deer. Section 29.735, Stats., establishes requirements for importation of fish other than health requirements and section 29.736, Stats., establishes requirements for the stocking of fish into waters of the state, other than health requirements. Plain Language Analysis
The proposed rule makes the following modifications to provide for flexibility, clarity and consistency:
1. Definitions and terms.
Replacing the phrase, “buying or selling” with “trading in” under the definition of animal market to match the statutory definition under s. 95.68 (1) (ag), Stats. Adding a definition of “trading in livestock or wild animals” to clarify that animal markets trade, buy, sell or swap livestock or wild animals.
Changing the spelling of “feedlot” to “feed lot” to match statutory language.
Modifying the definition of “Brucellosis and Tuberculosis uniform methods and rules” and “Johne’s disease national program standards” to clarify that official individual identification requirements of any animal tested for these diseases must meet the requirements specified under ch. ATCP 10 and not the identification requirements specified under the uniform methods and rules or national program standards. Changing the definition of “farm-raised deer” under ch. ATCP 10 to match the definition of “farm-raised deer” under ch. ATCP 12. Changing the term, “federally approved livestock import market,” to “federally approved livestock marketing facility.”
Changing the definition of “individual” under ch. ATCP 12 to match the definition of “individual” under ch. ATCP 10. Modifying the definition of “official individual identification” to allow additional forms of official individual identification to be used for farm-raised deer, equine, swine, and goats and sheep to align with federal rule definitions.
Modifying the definition of “slaughtering establishment” under ch. ATCP 10 to match the definition of “slaughtering establishment” under ch. ATCP 12. Repealing the definition of “tuberculosis non-modified accredited state” as the term is not used throughout ch. ATCP 10. 2. Disease testing/reporting.
Current rule requires the reporting of certain diseases to DATCP within specified timelines. The proposed rule requires the reported information include the species, age, sex and breed of the animal afflicted with the disease, the address of the farm where the afflicted animal is located, and the premises code, if any.
3. Official individual identification.
Current rule specifies approved individuals who may apply official individual identification to animals for different purposes and requires these individuals to keep a record of any identification that has been applied. These requirements are interspersed throughout the rule under specific subsections.
The proposed rule makes these identification requirements more transparent by creating a general section relating to the application and record keeping requirements for those authorized to obtain and apply official individual identification. The proposed rule makes the identification requirements and record keeping requirements consistent throughout the rule. The proposed rule also clarifies throughout the rule that official individual identification does not need to be applied if all required individual identification is already applied to the animal.
4. Tuberculosis testing and control.
Current rule specifies tuberculosis testing requirements, including who may perform tests, test result reporting and movement restrictions, under sections relating to bovine animals and farm-raised deer. The proposed rule creates a general tuberculosis testing and control section that pertains to any animal being tested for the disease and updates the tuberculosis provisions of bovine animals and farm-raised deer, for consistency of all required tuberculosis information.
The proposed rule requires a person who performs a caudal fold tuberculin test on an animal, or collects a sample for any other tuberculosis test on an animal, to complete DATCP-approved training on tuberculosis testing or sample collection within 5 years prior to the test date.
The proposed rule deletes the requirement that a premises be cleaned and disinfected after an animal has been identified as a tuberculosis reactor. Cleaning and disinfecting should be done after tuberculosis has been confirmed in an animal identified as a reactor in accordance with the federal Tuberculosis Uniform Methods and Rules.
The proposed rule makes consistent (according to the Federal Tuberculosis Uniform Methods and Rules) the number of days the department may for good cause extend a deadline (15 days) for sending an animal that is a tuberculosis reactor to slaughter.
5. Bovine import tuberculosis requirements.
