Wisconsin Department of Agriculture, Trade and Consumer Protection
Initial Regulatory Flexibility Analysis
Rule Subject:     Animal Disease and Movement, and Animal Markets, Truckers and Dealers
Adm. Code Reference:   Wis. Admin. Code chs. ATCP 10 and 12
Rules Clearinghouse #:   Not yet assigned
DATCP Docket #:     17-R-02
Rule Summary
Wis. Admin. Code ch. ATCP 10 specifies requirements relating to animal diseases and movement, and Wis. Admin. Code ch. ATCP 12 specifies requirements for animal truckers, markets, and dealers.
Small Businesses Affected
The majority of the proposed rule modifications serve to re-organize the contents of the rules, to reflect federal requirements, and to make purely technical changes that have no fiscal effect. The rule modifications that may have an economic impact on small businesses and the entities that may be affected are as follows:
Animal Health Licensees (Medical Separation)
Upon the effective date of this rule, any person licensed by the division of animal health who wishes to have medical separation of species on their premises will pay $400 for each day (or portion of a day) needed to complete the inspection by the department. Most medical separation inspections are completed within one day. However, the time needed to complete an inspection may vary depending on the number of acres and terrain to be inspected. It is unknown how many entities licensed by the division will request medical separation of their premises.
Currently, there are 31 farm-raised deer herds and 3 fish farms that are medically separated. No inspection is required for renewal of an existing license if the department has previously inspected the premises and there have been no changes. Thus, there will be no fiscal impact to licensees whose premises are currently medically separated.
Owners of Intermediate Livestock Handling Facilities
Upon the effective date of this rule, an entity that imports any livestock (not just bovine), may request certification to become an intermediate livestock handling facility and pay an annual fee of $140. Currently, the department has approved one intermediate livestock handling facility in Wisconsin.
This facility will be charged $140 annually for certification because the review process for certification is extensive, and there is continuous review of permits and monitoring of the facility throughout the year.
Johne’s Disease Certified Veterinarians
Upon the effective date of this rule, veterinarians will no longer be required to recertify, after having been initially certified, for Johne’s risk assessment or management plans (RAMPs) and Johne’s vaccination. These veterinarians will no longer have to pay an initial fee of $50 for these certifications. This proposal is anticipated to affect approximately 460 veterinarians.
Swine Disease Testing
Upon the effective date of this rule, swine owners and veterinarians will continue to be required to test swine for Porcine Reproductive and Respiratory Syndrome (PRRS) and Porcine Epidemic Diarrhea virus (PEDv) within 90 days prior to movement. However, swine will no longer have to be tested for other diseases that fall under the Swine Enteric Coronavirus Disease (SECD) which includes the Porcine Delta Coronavirus (PDCoV) and Transmissible Gastroenteritis (TGE).
Testing costs will likely be less, as currently, a multiplex test must be used to screen for PEDv, PDCoV, and TGE. The proposed rule will require only a test for PEDv, so a multiplex test will no longer be necessary. The cost difference between requiring the use of a multiplex versus a single PEDv test is unknown. Costs relating to the development of herd plans for swine that test positive for PDCoV will decline. The costs associated with developing a herd plan will vary greatly depending on the location of the swine herd within the state, the type of farm operation, the number of swine in the herd, the amount of time it takes to write the plan, and veterinarian fees. For these reasons, these costs are indeterminate.
Since the rule became effective on February 1, 2018, 32 herd plans have been developed by veterinarians. Of that total, 16 plans were developed because of PRRS positive swine, and six plans were developed because swine were not tested or were anticipating movement. The 10 remaining herd plans were developed because of SECD positive cases. All were due to weak positives for PDCoV. Thus far, the department has not received notice of a positive PEDv herd.
The pigs that have tested positive for PDCoV were not ill and had not shown clinical signs, according to the private practitioners who were involved. It has been found that birds carry their own Delta Corona viruses that can interfere/cross-react with the swine tests. There is not a cost effective or reasonable test that would enable producers to differentiate between the avian and porcine viruses. While destructive, PDCoV is not as devastating as PEDv.
Poultry Producers
Upon the effective date of this proposed rule, only poultry and eggs exhibited at fairs or poultry shows (rather than those used for breeding, hatching, and exhibitions such as egg swap meets) must be acquired directly from a certified flock (namely a flock enrolled in the national poultry improvement plan, a Wisconsin tested flock, or a Wisconsin associate flock) or be from an individual bird tested for certain diseases.
The antigen used to conduct individual bird testing costs $200. One bottle of antigen can test up to 1,000 birds. The cost is the same whether testing one bird or 1,000 birds. The proposed rule will reduce or eliminate testing costs for hundreds of poultry producers who attend swap meets or breed or hatch birds.
Farm-Raised Deer Keepers
Farm-Raised Deer Herd Registration. For the 2020-2021 registration year only, a farm-raised herd registration will be effective from March 16, 2020 through August 31, 2021. License fees for that registration year will increase to $124.34, $237.74, or $475.48, as appropriate, to reflect the longer period of time for which the registration is effective (17.5 rather than 12 months). The fees will return to $85, $162.50, or $325, respectively, annually thereafter as the license will be issued for 12 months.
Farm-Raised Deer and Bovine Animals on the Same Premises. Upon the effective date of this rule, there will be options to allow farm-raised deer and bovine animals to be kept on the same premises without having to send them all to slaughter. Any costs associated with these options are voluntary as the owner of the premises may choose not to keep these two species on the same premises, and the owner who chooses to keep both species on the premises may send all to slaughter. For those who choose to move these animals to a place other than slaughter, the rule provides the following options:
- The herds of both species are medically separated. Costs related to medical separation are discussed above.
- The herds of both species are certified by the department as accredited Tuberculosis-free. Tuberculosis-free certification costs include:
- For farm-raised deer, there will be no additional cost as currently deer must meet Tuberculosis testing requirements (in addition to other requirements) prior to movement.
- For a herd of bovine animals, $100 for a 2-year Tuberculosis-free certification. All animals in the herd must be tested for Tuberculosis every 2 years. The cost to conduct a whole-herd test will vary depending on a veterinarian’s fee, location of the herd, and the number of animals to be tested. Department staff contacted 4 veterinarians in different areas of the state regarding fees charged to conduct Tuberculosis testing. Fees varied greatly in amount and structure. For instance, one clinic charges $140 per hour regardless of the number of animals to be tested, another charges a $32 trip fee and $4 per head of cattle, while other providers varied on the amount charged per trip and the amount charged per head.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.