• 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
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.
Additionally, this proposed rule does all of the following:
Eliminates a note at the beginning of the rule relating to when certain entities must register their premises. This note was created when the rule was first drafted. Because these entities are now registered, the note is no longer needed.
Repeals the following definitions: “animal dealer”, “animal dealer premises”, “animal market”, “animal market operator”, “animal trucker”, “animal trucker premises”, “dairy farm”, “description”, “milk producer”, “primary location”, “registered location”, and “secondary location”. These definitions are no longer needed because the provisions for which the definitions were created are being repealed.
Repeals the definition of “deer farm” and creates a definition for “farm-raised deer” because the latter is used in this rule.
Clarifies department contact information and updates informational links.
Repeals the provision allowing a person to renew a premises registration at the same time at which the applicant applies for or renews another license held with the department. When premises registration was originally created, it was logical that license holders would apply for their premises registration at the same time they would apply for their license. The premises registration requirement has been in place long enough that all premises should now be registered. Allowing a person to renew a premises at the same time he or she renews a license is no longer reasonable because: 1) A person must have a premises registered before applying for a license with the department; 2) In most cases, the premises registration process occurs every three years while the licensing process occurs annually; and 3) The premises registration process is provided by a contracted entity separate and distinct from the department’s licensing process.
Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations
The Wisconsin program is part of a national effort to create a comprehensive livestock identification system. At the national level, livestock premises registration is voluntary but supported by USDA. The national program runs concurrently with mandatory and voluntary livestock premises registration programs in numerous states. A comprehensive livestock identification system provides for rapid response capability which will be critically important in the event of a major animal disease emergency.
Comparison with Rules in Adjacent States
Like other Midwestern states, Wisconsin has established a free premises registration program where a unique premises registration code is assigned to each location.
Summary of Factual Data and Analytical Methodologies
As of yet, there is no federal law mandating livestock premises registration at the state level. A comprehensive livestock identification system provides for rapid response capability which will be critically important in the event of a major animal disease emergency.
Analysis and Supporting Documents Used to Determine Effects on Small Businesses or in Preparation for an Economic Impact Analysis
This rule implements the livestock premises registration program mandated by the Legislature in 2003 Wisconsin Act 229 under Wis. Stat. § 95.51. This rule will affect an estimated 60,000 Wisconsin businesses, including the following businesses, many of which can be considered as “small businesses”:
• Livestock producers, including dairy, beef, swine, poultry, farm-raised deer, sheep, goat, fish, and other livestock producers.
• Horse owners and stable operators.
• Livestock markets, dealers, and truckers.
• Slaughter establishments.
• Rendering and dead animal processing establishments.
• Operators of livestock exhibitions.
• Veterinary clinics.
Affected businesses must register their premises with DATCP. There is no fee. Businesses may register either online or in writing. DATCP will facilitate renewals by sending automatic renewal notices to all registrants.
This rule does not create any new record-keeping or reporting requirements, other than the basic registration requirement every three years. The rule does not require businesses to hire any new professional services.
DATCP will make it easy for businesses to register and renew their registrations. DATCP and its contract agent will work with the livestock industry to register secondary premises which will have important benefits for the industry. DATCP will provide information and education related to the registration process.
Given that the premises registration is free and occurs at three-year intervals, this rule will not have a significant adverse economic impact on small business.
Effect on Small Business
Pursuant to Wis. Stat. § 95.51 and Wis. Admin. Code § ATCP 17.02, a person may not keep livestock at a location in this state unless that premises is registered. This requirement does not apply to a person who has submitted documentation to the department affirming that the individual has a sincerely held religious belief opposing registration of a livestock premises.
Small businesses affected include farms (beef cattle, dairy cattle, deer, fish, poultry, swine, etc.), animal markets, animal dealers, slaughter establishments, equine quarantine stations, rendering establishments, animal food processing establishments, grease processing establishments, and in some cases, animal truckers.
Currently, there are more than 60,000 primary premises registered in the state of Wisconsin. The number of secondary premises is unknown because, as previously mentioned, these secondary premises are currently listed as part of the primary premises account and the number of those premises cannot be electronically tabulated.
Premises registration is free, and renewal occurs every three years. The next renewal date is July 31, 2019. Since registration is free, the only conceivable cost for participants would be postage incurred by those individuals who decide to mail the application materials to the Department instead of calling or applying online.
This rule does not have an environmental impact.
Standards Incorporated by Reference