DATCP Docket No. 17-R-04 Final Draft Rule
Clearinghouse Rule No. 18-018 June 7, 2019
PROPOSED ORDER
OF THE STATE OF WISCONSIN DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
ADOPTING RULES
______________________________________________________________________________
The Wisconsin department of agriculture, trade and consumer protection proposes the following permanent rule to repeal second introductory note to ch. ATCP 17, 17.01 (2) to (7), 17.01 (15) and (16), 17.01 (26), 17.01 (29) Note and (31), 17.01 (34), Note, and (35), 17.02 (2) (c) Note, 17.02 (4) (e) and Note, 17.02 (5) (d), and 17.02 (6) (d); to amend ATCP 17.01 (10), 17.01 (20), 17.01 (23) and (24), 17.01 (29), 17.01 (33), 17.01 (36), 17.02 (1) (a), 17.02 (1) (c) 7. Note, 17.02 (3) (intro.) and (a) and (b), 17.02 (4) (f), 17.02 (4) (h) 9., 17.02 (5) (a), Note, (b) and (c), 17.02 (6) (a) and (c), 17.02 (7) and Note, and 17.04 (3); to repeal and recreate ATCP 17.01 (18), and 17.02 (2) (c); and to create ATCP 17.02 (3) (c), relating to livestock premises registration. ______________________________________________________________________________
Analysis Prepared by the Department
of Agriculture, Trade and Consumer Protection
This rule implements the livestock premises registration program created under Wis. Stat. § 95.51. This program is intended to protect animal health and the security of the food chain. Among other things, it is anticipated that premises registration will facilitate more rapid responses to animal disease emergencies. Under this rule, persons who keep livestock in this state must register every three years with the Department of Agriculture, Trade and Consumer Protection (“DATCP”). DATCP will assign a unique premises registration number. Registration information is confidential, and there is no fee to register.
Statutes Interpreted
Statutory Authority
Explanation of Statutory Authority
DATCP has broad general authority under Wis. Stat. § 93.07(1) to make and enforce rules to implement laws under its jurisdiction. Wis. Stat. § 95.51 creates a livestock premises registration program and directs DATCP to implement the program. The following statutes authorize DATCP to adopt rules related to a variety of animal health subjects: • Wis. Stat. § 93.07(1) regarding general rule making authority pertaining to animal health and human health. • Wis. Stat. § 93.07(10) regarding quarantines. • Wis. Stat. §§ 95.51(3m) & (7) for the livestock premises registration program. • Wis. Stat. § 95.55(6) regarding standards and registration of deer farms. • Wis. Stat. § 95.68(8) regarding the operation of animal markets. • Wis. Stat. § 95.69(8) regarding licensure of animal dealers. • Wis. Stat. § 95.71(8) regarding licensure of animal truckers. • Wis. Stat. § 95.72(5) for rendering processing plants and other entities which collect and process livestock carcasses. • Wis. Stat. § 97.22(8) pertaining to the operations of dairy farms by milk producers. • Wis. Stat. § 97.42(4) regarding slaughter establishments. Related Statutes and Rules
None.
Plain Language Analysis
This rule specifies requirements for livestock premises registration. The livestock premises registration program was created after the discovery of bovine spongiform encephalopathy (mad cow disease) in the United States in 2003. The registration program was developed to protect animal health and the security of the food chain. The program is authorized by Wis. Stat. § 95.51 and implemented under Wis. Admin. Code ch. ATCP 17. The rule requires, with some exceptions, that any person who keeps livestock at a location in this state must register that location. One of the exceptions is for an individual who is a member of a recognized religious group and who declares a sincerely held religious belief opposing livestock premises registration, pursuant to Wis. Stat. § 95.51 and Wis. Admin. Code ch. ATCP 17. The current rule provides that persons who keep livestock in this state must register every three years with the Department of Agriculture, Trade and Consumer Protection (“DATCP” or “Department”). To register, a person generally provides information concerning types of livestock kept, their locations, and information as to whom to contact in case of an animal disease emergency. There is no fee to register. Registration information is confidential as specified by Wis. Stat. § 95.51(5) and Wis. Admin. Code § ATCP 17.03. The location of the livestock, or the premises, is assigned a unique identification code. The Department has created a database for premises information. The current rule allows a registered location to have a primary and up to three secondary locations listed under a single premises code. A secondary location is a location that shares or commingles animals with the primary location and is related to the primary location.
Secondary premises are not currently searchable in the database and will not, therefore, be identified as part of a group of interest in the event of a disease outbreak. For example, in the event of a disease outbreak, a designated area around the infected premises would be searched in the database for additional premises that house susceptible livestock species, so that livestock owners can be notified, and their animals can be tested if necessary. At the present time, a secondary premises located in the specified area will not be retrieved in that search if the primary premises under which it is registered is not itself listed within the specified area. Because of this oversight, the secondary location receives neither notification nor the benefits of testing.
This proposed rule will remedy this situation by requiring that secondary premises be registered separately with their own concurrent premises code, so that these secondary premises will not be ignored during future disease responses.
