Clearinghouse Rule No. 15-092
ORDER
OF THE STATE OF WISCONSIN DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
ADOPTING RULES
The Wisconsin department of agriculture, trade and consumer protection adopts 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., (7) (b) 3., 10.48 (6) (b) 2., 10.53 (2) (d) 2. and 3., (5) (a) 1. and 2. and (b) 1., (6) (a) 1. to 4., 10.655 (1) (a), (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., (12) (a), 10.52 (1m) (a) 2., 10.55 (3) (e), 10.56 (1) (a) 2., 10.82 (4) (b), 12.01 (11m), (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 (1) (c), (d), (6) (b) (intro.) and 1., to amend ATCP 10.01 (5), (8), (17) (a), (42), (45), and (59), (71) (c), (f), (g) 3., (h) 2., (90), (101), (105) 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) (c), 10.21 (1) (a) (intro.), (2) (a) (intro.) and 1., and (b) 1., 10.22 (1) (b) 2. and (Note), (2) (b) 4., (7m), (9) (title) and (a) and (Note), (b) and (Note), (c) (intro.) and 3., (d), (e) (intro.) 2. and 3., and (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 (1m) (b), (4) (a), (b) 2., (5) (a) and (b) 3., (6) (c) 4., (f) (Note), (7) (b), (10) (a) (intro.) and 1., 3., 4. and 5., (b) (intro.) and 1., (c) 3., (11) (c), and (d), (12) (b) and (c) and (13) (Note), 10.47 (title), (2) (b), (3) (title), (a) and (Note) and (b) (intro.) and 2., 5. and 6. (Note), (c), (3m) (intro.) and (c), (4) (intro.) and (4m), (6), (7) (intro.) and (b) (intro.) and 2., and (8) (intro.), 10.48 (1) (title), (a) (intro.) and 2., (4) and (Note), and (5), (6) (c) and (d), 10.52 (1m) (a) 1. and 2. (Note) and (b) 1. to 3., (7), (8) (c) (Note), 10.53 (2) (c) and (e) (Note), (4) (b) 2., (6) (a) (intro.) and (b) 2. to 4., (7) (a) 5., (10) (a) 2. b., 10.54 (1) (a) (intro.) and (am), (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), and (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), (3) (b) 1., and (6) (a), 10.91 (1) (intro.), ch. ATCP 10, Appendix B, 12.01 (1g), (8y), (20) (c) (intro.) and (f), (g) 3., (h) 2. and (25), 12.02 (1m) (intro.), (3) (c), (d), and (f), 12.03 (2) (b) and (4) (d), 12.04 (9) (a) and (b), 12.05 (1) (a), (2) (a), (2) (b) second (Note), 12.08 (10); to repeal and recreate ATCP 10.13 (1) (b), 10.52 (1m) (b) 4., 10.655 (2); and to create ATCP 10.01 (71) (b) 2., (c) 2. and 3., and (g) 4., (2m) and (99m), 10.045, 10.055, 10.07 (4m) (am), 10.13 (1m), 10.46 (1) (f), 10.46 (5) (b) 2. b., (10) (ae) (am) and (as), (11) (d) 2., (12) (a) 2. and (am), 10.52 (1m) (a) 2. a. and b., (3) (c) 1m., (6m), (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), (20) (b) 2., (c) 2. and 3., (g) 4., and (26m), 12.02 (7) (i), 12.03 (8) (i), 12.04 (2) (b) 2., 12.05 (1) (b) 2., and (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 (“Department”) has broad authority to promulgate rules for the proper enforcement of its programs under s. 93.07 (1) and (10), Stats.
The Department 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. The Department has specific rulemaking authority on reporting animal diseases under s. 95.22 (2), Stats., 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), Stats., regulation of animal markets under s. 95.68 (8), Stats., regulation of animal dealers under s. 95.69 (8), Stats., regulation of animal truckers under s. 95.71 (8), Stats., and regulation of feed lots under s. 95.715 (2) (d), Stats. 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 the Department. 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.
The proposed rule makes the following changes to definitions and terms:
Replaces 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. Adds a definition of “trading in livestock or wild animals” to clarify that animal markets trade, buy, sell or swap livestock or wild animals.
Changes the spelling of “feedlot” to “feed lot” to match statutory language.
Modifies 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. Changes the definition of “farm-raised deer” under ch. ATCP 10 to match the definition of “farm-raised deer” under ch. ATCP 12. Changes the term, “federally approved livestock import market,” to “federally approved livestock marketing facility.”
Changes the definition of “individual” under ch. ATCP 12 to match the definition of “individual” under ch. ATCP 10. Modifies 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.
Modifies the definition of “slaughtering establishment” under ch. ATCP 10 to match the definition of “slaughtering establishment” under ch. ATCP 12. Repeals the definition of “tuberculosis non-modified accredited state” as the term is not used throughout ch. ATCP 10 and is incorrectly defined. The definition for“tuberculosis non-modified accredited state” is the correct definition for “tuberculosis modified accredited state.” 2. Disease testing/reporting.
The current rule requires the reporting of certain diseases to the Department 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 rules specify 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 rules 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. The proposed rule also makes clear 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 rules 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 tuberculosis test on an animal, or collects a sample for any other tuberculosis test on an animal, to complete Department-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. The proposed rule provides that 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.
The current rule requires any bovine animal imported into Wisconsin to test negative on a pre-import tuberculosis test, with some exceptions, including that the bovine originates from an accredited tuberculosis-free state or nation that accepts bovine animals from Wisconsin without a prior tuberculosis test. The proposed rule allows bovine animals from an accredited tuberculosis-free state or nation to be imported without a prior tuberculosis test, regardless of whether that state or nation requires a tuberculosis test from Wisconsin animals being imported to that state or nation.
6. Certificates of veterinary inspection (CVI).
The current rule allows a CVI to be issued on a form provided or approved by the Department, the United States Department of Agriculture (USDA) federal bureau, or the state in which the certificate is issued.
The proposed rule only allows the CVI to be on a form provided or approved by the Department. The Department will provide, on its web site, a list of CVI forms it has not approved.
