The proposed rule provides cross-references to additional fees that may apply to a person applying for an animal market and dealer trucker license.
The proposed rule makes clear that the Deparment may deny, suspend, or revoke an animal market or animal dealer license if the applicant is in violation of 9 CFR Part 201, relating to registration or bonding requirements of the Federal Packers and Stockyards Act. The proposed rule makes clear that an animal dealer or animal market operator must immediately apply and record an animal’s official individual identification, if the animal does not already have it, when that animal was backtagged to go to slaughter but did not go to slaughter.
The proposed rule repeals the requirement that an animal market operator, animal dealer and animal trucker record the livestock premises code of the premises from which an animal was received and the livestock premises code of the premises to which the animal is shipped or delivered.
The proposed rule prohibits the use of electric prods on neonatal or other baby animals. The proposed rule also prohibits hitting these animals with any type of solid object that may cause injury, pain or stress to the animal.
17. Waiver.
The proposed rule allows the Department to grant a waiver from the requirements under ch. ATCP 12, if it receives a written request for the waiver and the Department finds that the waiver is reasonable and necessary, is consistent with the objectives of ch. ATCP 12, and will not conflict with state law. Summary of, and comparison with, existing or proposed federal statutes and regulations
The 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.
Federal CWD Herd Certification Program (HCP) requirements include official individual identification of animals, regular inventories, and CWD testing of cervids over 12 months of age that die. Interstate movement of cervids will be dependent on a state's participation in the program, maintaining compliance with program requirements, and having achieved herd certification status.
Federal traceability requirements establish minimum national official identification and documentation for the traceability of livestock moving interstate. These regulations specify approved forms of official identification and documentation for each species.
The proposed rule eases some requirements for those farm-raised deer keepers that have herds enrolled in the CWD HCP while still meeting federal requirements.
Comparison with Rules in Adjacent states
Surrounding state animal health programs are comparable to those in Wisconsin. Programs for historically important diseases, such as tuberculosis, brucellosis and CWD, in other Midwest states are similar to Wisconsin, as all are based on well-established federal standards.
States may apply to become an Approved State HCP if they meet (or exceed) national program requirements. Cervid owners can enroll and participate in their Approved State CWD HCP. Interstate movement of animals is dependent on a state's participation in the program, maintaining compliance with program requirements, and having achieved herd certification status. Wisconsin, Illinois, Iowa, Michigan and Minnesota have approved CWD HCPs by the USDA Animal and Plant Health Inspection Service (APHIS). Therefore, all are implementing the federal requirements and thus are similar to Wisconsin rules.
To meet federal CWD HCP requirements for farm-raised deer to move interstate, a state program must meet approved forms of official identification. Wisconsin, Illinois, Iowa, Michigan and Minnesota programs are approved as meeting the federal traceability identification requirements. Therefore, all are implementing the federal requirements and all should have similar state rules.
Summary of Factual Data and Analytical Methodologies
This proposed rule does not depend on any complex analysis of data. This proposed rule makes minor, technical changes based on the Division’s review and use of the rule, as well as changes made based on discussions with the farm-raised deer industry and other interested parties.
Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of an Economic Impact Analysis
The majority of these proposed rule changes are to make the requirements throughout the rule consistent.
The most significant rule changes (and fiscal impact) relate to FRDKs enrolled in the Wisconsin CWD HCP. Division staff met with representatives of the FRDKs industry in March 2015 to discuss suggested changes to the rules relating to FRD and how to ease some of those requirements while still meeting federal regulations. Many of the small business fiscal effects were developed from that meeting, as well as from discussions with individual FRDKs.
Effect on Small Business
The majority of these rule modifications are technical and have no or minimal fiscal effect. Many of the rule modifications will ease program requirements and may reduce costs to small business.
The entities that may be affected by this rule modification include the following:
1. Veterinarians.
Upon the effective date of the rule, veterinarians and authorized employees or agents of the Department or the federal bureau will be required to take Department-approved training on tuberculosis testing and sample collection within 5 years prior to testing an animal for tuberculosis. Such training is already required of veterinarians testing FRD for tuberculosis. This will be a new requirement for veterinarians who choose to test animals for this disease. Because this training is provided free of charge, there will be no cost to these veterinarians.
2. Farm-raised deer keepers (FRDKs).
CWD testing. FRDKs who have herds enrolled in the CWD herd status program with at least 5 years of status may realize a significant cost savings, as only 25% of their FRD aged 12 months or older shipped directly to slaughter must be tested for CWD. This change is significant as the current rule requires 100% of these FRD to be tested for CWD when sent to slaughter.
FRDKs whose herds are not enrolled in the CWD herd status program may realize a significant cost savings as only 50% of their FRD aged 16 months or older that are killed intentionally, except after escape, must be tested for CWD. This change is significant as the current rule requires 100% of these FRD to be tested for CWD.
It is estimated that hiring a veterinarian to collect CWD test samples costs approximately $75 per deer. Depending on the number of deer tested at one time, this cost may be lower. This cost will also be lower if the FRDK has a qualified employee or immediate family member that can collect the CWD test samples. Because the actual cost to test a deer for CWD is unknown, total cost savings are indeterminate.
Hunting preserves. Changing the term hunting “preserves” to hunting “ranches” was requested by the farm-raised deer industry. The fiscal effect of this terminology change is unknown but is presumably low, as it is sought by the FRD industry.
Commingling FRD with bovine animals. Current rules allow FRD and bovine animals to be commingled only if those animals move to slaughter.
The proposed rule makes clear that FRDKs who wish to keep deer and bovine animals at the same location without having to move them to slaughter must have fencing and facilities adequate to maintain medical separation at all times. Medical separation includes double fencing and bio-security procedures, including procedures to prevent the commingling of farm-raised deer with bovine animals.
A FRDK who chooses to keep FRD and bovine animals at the same location will incur costs to purchase additional fencing and separate equipment for the FRD and bovine animals. There is also a one-time cost of $200 for each day needed for Department staff to complete the medical separation inspection of the location.
It is unknown how many FRDKs wish to keep FRD and bovine animals at the same location. Therefore, these costs are indeterminate.
2. Wisconsin importers of elephants.
The current rule specifies requirements for any person that imports certain animals or imports animals for certain activities. The proposed rule specifies requirements for the import of elephants. The current import requirements for elephants are listed under wild animal and circus, rodeo, and menagerie animal imports. The proposed elephant import requirements incorporate several of those provisions into the rule. The new requirement that the owner of an elephant provide a statement that the elephant has not been exposed to mycobacterium tuberculosis within 5 years prior to the date of import should not result in a significant cost to the importer.
Environmental Impact
This rule does not have an environmental impact.
Standards Incorporated by Reference
None.
DATCP Contact
Loretta Slauson, Program and Planning Analyst
