Department of Agriculture, Trade and Consumer Protection (DATCP)
Rule No.: | Chs. ATCP 10 and 12, Wis. Adm. Code (existing) |
Relating to: | 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:
(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.
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(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.
