Statement of Scope
Department of Agriculture, Trade and Consumer Protection (DATCP)
Rule No.: | Ch. ATCP 10, Wis. Adm. Code (existing) |
Relating to: | Animal Disease and Movement |
1. Description of the objective of the rule:
To control and eradicate diseases of swine, the swine industry in Wisconsin has requested the Department of Agriculture, Trade and Consumer Protection (DATCP) consider modifying reporting, testing and movement requirements for porcine reproductive and respiratory syndrome (PRRS), porcine epidemic diarrhea (PED), and other emerging diseases affecting swine.
2. Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives; the history, background and justification for the proposed rule:
History and Background. PRRS and PED are costly, highly contagious diseases among pigs that can result in tremendous production losses for swine producers. The current rules require that a statement disclosing the porcine reproductive and respiratory syndrome status (PRRS) and the porcine epidemic diarrhea (PED) status of the herd of origin, if known, be included on the Certificate of Veterinary Inspection (CVI) for any swine imported into Wisconsin. The current rules also require that PRRS and PED in swine be reported to DATCP within 10 days of diagnosis or diagnosis evidence. Except for movement to exhibitions and fairs, current rule does not have any movement requirements for commercial swine in Wisconsin. These rules were made in consultation with the swine industry as a first step to protect the swine industry from the diseases of PRRS and PED.
Proposed Policies. The proposed rule will make modifications to the current requirements in
ss. ATCP 10.30 and 10.32, Wis. Admin. Code, along with other possible changes to ch. ATCP 10, Wis. Admin. Code, to require more proactive measures to prevent, control, and eradicate diseases of swine, providing important health protection for the Wisconsin swine livestock industry. Policy Alternatives. Do nothing further. Current DATCP rules appear to be inadequate to prevent, control, and eradicate PRRS and PED in the Wisconsin swine population. If DATCP does not modify current rule provisions, highly contagious diseases affecting swine could continue to spread, causing significant losses to the swine industry.
3. Statutory authority for the rule (including the statutory citation and language):
93.07 Department duties. It shall be the duty of the department:
(1) REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs. 93 to 100, which regulations shall have the force of law.
(2) FORMS. To prescribe forms for all applications, notices and reports required to be made to the department or which are necessary in its work.
(10) ANIMAL HEALTH; QUARANTINE. To protect the health of animals located in this state and of humans residing in this state and to determine and employ the most efficient and practical means for the prevention, suppression, control, and eradication of communicable diseases among animals. For these purposes, the department may establish, maintain, enforce, and regulate such quarantine and such other measures relating to the importation, movement, and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department determines are necessary. The definition of “communicable disease” in s. 990.01 (5g) does not apply to this subsection. 93.15 Reports to department; inspections.
(1) The department may, by general or special order, require persons engaged in business to file with the department, at such time and in such manner as the department may direct, sworn or unsworn reports or sworn or unsworn answers in writing to specific questions, as to any matter which the department may investigate. (2) The department or any of its authorized agents may have access to and may copy any document, or any part thereof, which is in the possession or under the control of any person engaged in business, if such document, or such part thereof, is relevant to any matter which the department may investigate.
(3) No person shall refuse or fail to render any report or answer required under this section at such time and in such manner as the department may prescribe. No person shall refuse, neglect or fail to submit, for the purpose of inspection or copying, any document demanded under this section. No person shall willfully make any false entry or statement in any report or answer required or document demanded under this section. No person shall willfully fail to make full and true entries and statements in any report or answer required or document demanded under this section. No person shall, for the purpose of embarrassing the department in the conduct of any investigation, hearing or proceeding, remove out of the state or mutilate or alter any document. No person shall, except through judicial process, resist or obstruct any official or subordinate of the department in the exercise of the official's or subordinate's lawful authority.
95.20 Import and movement of animals. The department may prohibit or regulate the importing of animals into this state or the movement of animals within this state if the department has reasonable grounds to believe that regulation or prohibition is necessary to prevent the introduction or spread of a disease in this state that threatens the health of animals or of humans.
95.22 Reporting animal diseases.
(1) A veterinarian and the department of natural resources shall report to the department of agriculture, trade and consumer protection any disease specified in the rules promulgated under sub. (2) (a) each time a veterinarian or the department of natural resources discovers that such a disease is present in any animal in this state. (2) The department shall promulgate rules that specify all of the following:
(a) The diseases that a veterinarian or the department of natural resources must report under this section.
(b) For each disease specified in par. (a), the deadline for reporting the disease after the date of its discovery.
(c) The information that a veterinarian or the department of natural resources must include in his or her report.
(d) Procedures to be used in preparing and submitting the report.
95.38 Altering records; tampering with ear tags.
(3) The department may adopt rules that are necessary to administer this section.
