Statement of Scope
Department of Agriculture, Trade and Consumer Protection (DATCP)
Chs. ATCP 10 and 12, Wis. Adm. Code (existing)
Animal Disease and Movement; Animal Markets, Dealers and Truckers
1. Description of the objective of the rule:
The current rule will be reviewed to ensure provisions are clearly written and consistently stated throughout Wis. Admin. Code chs. ATCP 10 and 12. The Wisconsin Department of Agriculture, Trade and Consumer Protection (“Department’) will make minor modifications resulting from that review.
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:
The Department’s Division of Animal Health (“Division”) staff have discovered provisions in the administrative rule that are unclear or not consistent within the rule, with statute, or with federal regulations. Many of these discoveries were made while implementing programs with requirements codified in Wis. Admin. Code chs. ATCP 10 and 12, based on contacts with individuals licensed through the Division, veterinarians and industry regulated by the division and staff from the federal USDA.
The proposed rule will be reviewed to determine if sections relating to bovine, swine, equine, poultry, farm-raised game birds, farm-raised deer, fish, sheep, goats, and other animals should be modified, and whether certain provisions that currently pertain to only a few animal types should pertain to all animals.
The following areas in statute in Wis. Admin. Code chs. ATCP 10 and 12, will be reviewed to address these issues, and may be modified as a result (the statutory authority to make rules in these areas is noted): • Farm-raised deer (see Wis. Stats. § 95.55 (6)). • Poultry and farm-raised game birds (see Wis. Stats. §§ 95.57 (1) and (2)). • Animal markets (see Wis. Stats. § 95.68 (8)). • Animal dealers (see Wis. Stats. § 95.69 (8)). • Animal truckers (see Wis. Stats. § 95.71 (8)). • Import requirements (see Wis. Stats. §§ 93.07 (1), (2), and (10), 95.20, 95.45 (4) (c) and (5), 95.55 (6), 95.60 (4s), 95.68 (8), 95.69 (8), 95.71 (8), and 95.715 (2) (d) and (3) (d)). • Disease reporting requirements (see Wis. Stats. §§ 93.07 (1) and (10), 93.15, 95.20, 95.22 (1) and (2), 95.38 (3), 95.43, 95.55 (6), 95.60 (4s), 95.68 (8), 95.69 (8), 95.71 (8) and 95.715 (2) (d) and (3) (d)). • Requirements for approval by the Department for persons collecting test samples, laboratories, out-of-state forms, etc. (see Wis. Stats. §§ 93.07 (1), (2) and (10), 93.15, 95.20, 95.38 (3), 95.42, 95.43, 95.45 (4) (c), 95.55 (6), and 95.60 (4s)). • Recordkeeping requirements by licensees, including acceptability of electronic storage of records (see Wis. Stats. §§ 93.07 (1), (2), and (10), 93.15, 95.20, 95.22 (1) and (2), 95.38 (3), 95.42, 95.43, 95.45 (4) (c) and (5), 95.55 (6), 95.60 (4s), 95.68 (8), 95.69 (8), 95.71 (8), and 95.715 (2) (d) and (3) (d)). Fees charged throughout the rule and fees to be charged by the Department for medical separation and other inspections of premises prior to licensing (see Wis. Stats. §§ 93.06 (1f), (1n), (1p), and 95.55 (2) and (3), 95.60 (5) and (5m)).
As of this date, there are no existing policies and no new policies that will be incorporated into the proposed rule.
If the Department does not modify currently inconsistent rule provisions and fees, and reorganize sections to pertain to all animals, rather than specific animals, it may give conflicting or unclear information that is difficult to find or follow.
3. Statutory authority for the rule (including the statutory citation and language):
93.06 Department powers. The department may:
(1f) Animal health inspection and testing. Perform animal health inspections and tests and examine animal health documentation at the state fair, the world dairy expo, the world beef expo, the midwest horse fair, and other livestock exhibitions held in this state and attended by participants from outside of this state, as specified by the department by rule. The department may charge a fee to the sponsor of the exhibition to cover the reasonable costs of the department's inspection and testing services whether or not the sponsor requests the services. This subsection does not apply to county fairs or other local livestock exhibitions.
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(1n) Electronic processing.
(a) Accept and process by electronic means applications and payments for licenses, permits, registrations and certificates that are issued by the department.
(b) Accept and process by electronic means requests and payments for goods and services that the department is authorized to provide.
(c) Promulgate rules specifying fees to cover the department's electronic processing costs under pars. (a) and (b). The fees under this paragraph are in addition to any other fees required to be paid to the department.
(1p) Service testing related to department programs. Provide inspection services, diagnostic services and analytical or testing services upon request if the requested service is related to an authorized department program and serves program objectives. The department may charge a fee to cover its cost to provide the requested services.
93.07 Department duties. It shall be the duty of the department: