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 These definitions are no longer needed because the provisions for which the definitions were created are being repealed.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.
Environmental Impact
This rule does not have an environmental impact.
Standards Incorporated by Reference
None.
DATCP Contact
Darlene Konkle, Director
Bureau of Animal Disease Control
Department of Agriculture, Trade and Consumer Protection
P. O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-4902
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SECTION 1. The second introductory Note to ch. ATCP 17 is repealed.
SECTION 2. ATCP 17.01 (2) to (7) are repealed.
SECTION 3. ATCP 17.01 (10) is amended to read:
ATCP 17.01 (10) “Cervid” means a member of the family of animals that includes deer, elk, moose, caribou, reindeer, and the subfamily musk deer. “Cervid” includes all farm-raised deer.
SECTION 4. ATCP 17.01 (15) and (16) are repealed.
SECTION 5. ATCP 17.01 (18) is repealed and recreated to read:
ATCP 17.01 (18) “Farm-raised deer” has the meaning given in s. 95.001 (1) (ag), Stats., but does not include a cervid kept by an institution accredited by the association of zoos and aquariums. SECTION 6. ATCP 17.01 (20) is amended to read:
ATCP 17.01 (20) “Fish farm” means a facility, at which a person hatches fish eggs or keeps live fish, which is required to be registered under s. ATCP 10.60 (2) 10.61. SECTION 7. ATCP 17.01 (23) and (24) are amended to read:
ATCP 17.01 (23) “Livestock” means bovine animals, equine animals, goats, poultry, sheep, swine other than wild hogs, farm-raised deer, captive game birds, South American camelids, ratites, and fish from a fish farm.
(24) “Livestock exhibition” means a state, county, or district fair, or a recurring an event at which livestock from different premises are exhibited to the public at a common location.
SECTION 8. ATCP 17.01 (26) is repealed.
SECTION 9. ATCP 17.01 (29) is amended to read:
ATCP 17.01 (29) “Premises” means one or more locations a location that a person registers under a single premises code.
SECTION 10. ATCP 17.01 (29) Note and (31) are repealed.
SECTION 11. ATCP 17.01 (33) is amended to read:
ATCP 17.01 (33) “Register” means to apply for and obtain from the department an annual a premises registration certificate under s. ATCP 17.02. SECTION 12. ATCP 17.01 (34), Note, and (35) are repealed.
