Chapter ATCP 10

ATCP 10.22(6)(e) (e) Feeder cattle; exemption from post-import testing. Paragraph (c) does not apply to feeder cattle imported solely for feeding prior to slaughter if all of the following apply:

ATCP 10.22(6)(e)1. 1. The feeder cattle are confined to the premises at which they are first received in this state, until they are shipped to slaughter.

ATCP 10.22(6)(e)2. 2. The feeder cattle, when shipped to slaughter, are accompanied by a completed federal bureau form VS 1-27 or by a department permit under s. ATCP 10.08 (3).

ATCP 10.22 Note Note: Federal bureau form VS 1-27 must be completed by an accredited veterinarian, an authorized state animal health official, or the federal bureau.

ATCP 10.22(6)(f) (f) Veal calves; exemption from source herd testing and post-import testing. Paragraphs (a) 3. and (c) do not apply to veal calves imported solely for feeding prior to slaughter, if all of the following apply:

ATCP 10.22(6)(f)1. 1. The veal calves are less than 30 days old on the import date.

ATCP 10.22(6)(f)2. 2. The veal calves are confined to the premises at which they are first received in this state, until they are shipped to slaughter.

ATCP 10.22(6)(f)3. 3. The veal calves, when shipped to slaughter, are accompanied by a completed federal bureau form VS 1-27 or by a department permit under s. ATCP 10.08 (3).

ATCP 10.22 Note Note: Federal bureau form VS 1-27 must be completed by an accredited veterinarian, an authorized state animal health official, or the federal bureau.

ATCP 10.22(6)(g) (g) Bovine animals from an accredited free zone. No person may import bovine animals from an accredited free zone in a state which has split multiple tuberculosis statuses as determined by USDA unless all of the following apply:

ATCP 10.22(6)(g)1. 1. The state which has split multiple zones as determined by USDA requires all bovine animals to be identified with a USDA approved electronic official individual identification number before the animals leave the farm of origin.

ATCP 10.22 Note Note: Currently, USDA has approved a 15-digit eartag, starting with the US code “840”, which is an electronic form of official individual identification.

ATCP 10.22(6)(g)2. 2. The animals are accompanied by a valid certificate of veterinary inspection that includes all of the following:

ATCP 10.22(6)(g)2.a. a. The official individual identification number of each of the animals.

ATCP 10.22(6)(g)2.b. b. A statement that the animals have tested negative on a tuberculosis test within 60 days prior to the import date, or the animals originate from a tuberculosis accredited free herd or the animals are feeder cattle imported directly to an approved import feed lot.

ATCP 10.22(7) (7) Tuberculosis reactors and suspects; import restricted.

ATCP 10.22(7)(a) (a) Tuberculosis reactors. No person may import a tuberculosis reactor into this state, except that a tuberculosis reactor may be imported directly to a slaughtering establishment for slaughter if the department issues an import permit under s. ATCP 10.07 (2) that identifies the animal as a tuberculosis reactor imported for slaughter.

ATCP 10.22(7)(b) (b) Tuberculosis suspects. No person may import a tuberculosis suspect into this state until the suspect status is resolved, except that a tuberculosis suspect may be imported directly to a slaughtering establishment for slaughter if the department issues a written import permit under s. ATCP 10.07 (2) that identifies the animal as a tuberculosis suspect imported for slaughter.

ATCP 10.22(7m) (7m) M-branded bovines; import restricted. No person may import an M-branded bovine animal into this state unless the bovine animal is imported directly from Mexico or goes directly to a slaughter facility. If a bovine animal is imported directly from Mexico, the complete destination herd must be quarantined upon arrival of the M-branded animal and the herd will remain quarantined until the imported bovine animal is negative on a tuberculosis test conducted not sooner than 60 days after the date of importation into the state.

ATCP 10.22(8) (8) Johne’s disease reactors; import. No person may import to this state a bovine animal that is a Johne’s disease reactor unless the animal is imported in compliance with 9 CFR 80.

ATCP 10.22(9) (9) Approved import feed lot.

ATCP 10.22(9)(a) (a) Permit. The department may issue an annual permit designating a feed lot as an approved import feed lot for purposes of this section. A permit expires on June 30 annually.

ATCP 10.22 Note Note: A feed lot is not required to hold an approved import feed lot permit under this subsection. However, feeder cattle imported directly to an approved import feed lot are exempt from certain import restrictions and pre-import testing requirements, as provided in this section.

ATCP 10.22(9)(b) (b) Permit application. To obtain an approved import feed lot permit, a feed lot operator shall submit an application on a form provided by the department. The application shall identify the location of the feed lot by street address and county, or if the address is not available, by county, town, and section, and shall include other relevant information required by the department, including the feed lot’s livestock premises code under ch. ATCP 17. The application shall include a nonrefundable fee of $140. The department shall grant or deny a permit application within 30 days after a complete application is filed with the department.

ATCP 10.22 Note Note: A person may obtain an import feed lot application form by calling [phone], by visiting the department website at http://datcp.wi.gov, or by writing to the following address:

ATCP 10.22 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.22(9)(c) (c) Requirements. An approved import feed lot shall meet all of the following requirements:

ATCP 10.22(9)(c)1. 1. Feeder cattle shall be enclosed so they cannot commingle with any other cattle on the premises.

ATCP 10.22(9)(c)2. 2. Feeder cattle may not share feeding or watering facilities with other animals.

ATCP 10.22(9)(c)3. 3. The feed lot shall be devoid of vegetation.

ATCP 10.22(9)(c)4. 4. All feeder cattle, except steers and official spayed heifers, shall have official individual identification.

ATCP 10.22(9)(d) (d) Removing feeder cattle. Except as specifically authorized by the department in writing, no feeder cattle may be removed from an approved import feed lot except to a licensed slaughtering establishment for slaughter.

ATCP 10.22(9)(e) (e) Records. The operator of an approved import feed lot shall keep complete and accurate records of all feeder cattle entering and leaving the feed lot. The operator shall retain the records for at least 5 years after the feeder cattle leave the feed lot, and shall make them available for inspection and copying by the department upon request. Records shall include all of the following:

ATCP 10.22(9)(e)1. 1. A record of each feeder cattle shipment received, including the date of receipt, the number of feeder cattle included in the shipment, the official individual identification of each animal included in the shipment, the name and address of the shipper, and the address from which the shipment originated. No official individual identification record is required for steers and official spayed heifers.

ATCP 10.22(9)(e)2. 2. A record of each feeder cattle shipment leaving the feed lot, including the date of shipment, the number of feeder cattle included in the shipment, the official individual identification of each animal included in the shipment, and the name and address of the person receiving the shipment. No official individual identification record is required for steers and official spayed heifers.

ATCP 10.22(9)(e)3. 3. A record of any feeder cattle that died at the feed lot, including each animal’s official individual identification and date of death. No official individual identification record is required for a steer or official spayed heifer.

ATCP 10.22 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (9) (b) Register June 2008 No. 630, eff. 7-1-09; CR 07-107: r. and recr. (5) (b) 4., cr. (7m), am. (9) (b) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1) (b) 1., 3., (3) (a), r. (5) (b) 2., am. (5) (b) 4. b., cr. (5) (c) 5., am. (6) (title), (a) (intro.), cr. (6) (c) 3., (6) (g), am. (9) (c) 4., cr. (9) (e) (title), (10) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: renum. (1) (a) 1. to (1) (a) 1. a. and am., cr. (1) (a) 1. b., am. (10) (a), (d) 9. b. Register March 2014 No. 699, eff. 6-1-14; correction in (1) (a) 1. b. made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699; correction in (9) (e) 3. made under s. 35.17, Stats., Register March 2014 No. 699; CR 15-092: am. (1) (a) 5., (b) 2., (2) (b) 4., 8., (5) (b) 3., consol. (5) (b) 4. (intro.) and (a) and renum. to (5) (b) 4. and am., r. (5) (b) 4. b., am. (6) (g) 2. b., (7m), (9) (title), (a), (b), (c) (intro.), 3., (d), (e) (intro.) 2., 3., (10) (c) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (b) 1., (6) (c) (intro.), (d) (intro.), r. (10) Register May 2020 No. 773, eff. 6-1-20.

subch. IV of ch. ATCP 10 Subchapter IV — Swine

ATCP 10.25 ATCP 10.25 Swine pseudorabies; vaccination.

ATCP 10.25(1) (1) Permit.

ATCP 10.25(1)(a) (a) No person may vaccinate swine in this state for pseudorabies unless the owner of those swine holds a vaccination permit from the department.

ATCP 10.25(1)(b) (b) To obtain a vaccination permit under par. (a), an owner of swine shall apply on a form provided by the department. The department shall grant or deny an application within 5 business days after the department receives a complete application.

ATCP 10.25(1)(c) (c) The department may issue a vaccination permit under par. (a) if the department finds that the swine have been infected with or exposed to pseudorabies, or are at risk for pseudorabies. The vaccination permit shall identify a licensed veterinarian who is authorized to receive the pseudorabies vaccine, and shall specify the number of authorized doses. The vaccination shall be performed by, or under the direction of, the licensed veterinarian.

ATCP 10.25(2) (2) Vaccine label. No person may sell, distribute, or possess any pseudorabies vaccine in this state unless the vaccine container is labeled with the name and address of the vaccine manufacturer.

ATCP 10.25(3) (3) Sales restricted.

ATCP 10.25(3)(a) (a) Except as provided in par. (b), no person may distribute pseudorabies vaccine to a retail purchaser or user in this state, other than a licensed veterinarian identified in a vaccination permit under sub. (1). The number of doses of vaccine distributed to the licensed veterinarian may not exceed the number of doses specified in the permit.

ATCP 10.25(3)(b) (b) The department may issue a permit authorizing a veterinarian licensed in this state to purchase pseudorabies vaccine for use in swine outside the state. The department shall grant or deny a permit application within 5 business days after the department receives a written application from a veterinarian licensed in this state. The veterinarian shall record, and file with the department on a monthly basis, the number of doses of vaccine purchased for use outside the state, the location of each herd on which the vaccine was used, and the name and address of the herd owner.

ATCP 10.25(3)(c) (c) A person who distributes pseudorabies vaccine to a veterinarian in this state shall file a report with the department within 15 days after the vaccine is delivered to the veterinarian. The report shall specify the name and address of the veterinarian, the date of delivery, and the amount of vaccine delivered.

ATCP 10.25 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; correction in (2) made under s. 35.17, Stats., Register May 2020 No. 773.

ATCP 10.26 ATCP 10.26 Swine pseudorabies; testing and control.

ATCP 10.26(1) (1) Who may collect test sample. A person who collects a pseudorabies test sample, for purposes of this chapter or ch. ATCP 12, shall be one of the following:

ATCP 10.26(1)(a) (a) An accredited veterinarian and, if the accredited veterinarian collects the test sample from swine in this state, a Wisconsin certified veterinarian.

ATCP 10.26(1)(b) (b) An authorized employee or agent of the department or the federal bureau.

ATCP 10.26(2) (2) Test procedure. A pseudorabies test shall comply with the pseudorabies national eradication standards. A laboratory approved by the department or the federal bureau shall conduct laboratory testing.

ATCP 10.26 Note Note: The pseudorabies national eradication standards are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may also be obtained by writing to the following address:

ATCP 10.26 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.26(3) (3) Reporting test results. A veterinarian who collects pseudorabies test samples from swine in this state shall report the test results to the department and the swine owner, according to s. ATCP 10.04 (1).

ATCP 10.26(4) (4) Surveillance testing. The department may conduct a surveillance sampling program for pseudorabies. The program shall include systematic collection and testing of blood or tissue samples from Wisconsin swine. Samples may include blood samples routinely collected from slaughtered swine.

ATCP 10.26(5) (5) Investigation; herd testing. Whenever the department detects pseudorabies in any surveillance sample under sub. (4), the department shall investigate to determine whether swine herds in Wisconsin have been exposed to pseudorabies. The investigation may include additional testing of potentially exposed herds.

ATCP 10.26(6) (6) Quarantine.

ATCP 10.26(6)(a) (a) The department may quarantine swine whenever the department reasonably suspects that the swine may be infected with or exposed to pseudorabies. The department may quarantine all swine located on the premises. The quarantine shall comply with s. ATCP 10.91.

ATCP 10.26(6)(b) (b) The department may release a quarantine under par. (a) if any of the following occur:

ATCP 10.26(6)(b)1. 1. All of the breeding animals and a statistically significant number of the finishing animals in the quarantined herd test negative on 2 consecutive pseudorabies tests approved by the department and administered at least 30 days apart.

ATCP 10.26(6)(b)2. 2. All swine on the premises are slaughtered, and the premises are cleaned, disinfected, and kept free of swine for at least 30 days.

ATCP 10.26(6)(b)3. 3. The department determines that the herd is not infected, based upon survey testing and epidemiological information.

ATCP 10.26(7) (7) Condemnation.

ATCP 10.26(7)(a) (a) The department may summarily condemn and order the destruction of swine whenever the department finds that condemnation is necessary to prevent or reduce the spread of pseudorabies.

ATCP 10.26 Note Note: See s. 95.27, Stats. A herd owner may receive indemnities for condemned swine, to the extent provided by law.

ATCP 10.26(7)(b) (b) The state veterinarian may issue a condemnation order under par. (a) on behalf of the department. The order shall state the reason for the condemnation.

ATCP 10.26 Note Note: A herd owner may request a hearing on a condemnation order, pursuant to ch. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay the condemnation order.

ATCP 10.26(8) (8) Herd plan.

ATCP 10.26(8)(a) (a) A herd plan is an agreement, between the department and an owner of swine, for the eradication of pseudorabies. A herd plan shall comply with the pseudorabies national eradication standards, based on the state’s current program stage for control of pseudorabies.

ATCP 10.26 Note Note: The pseudorabies national eradication standards are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may also be obtained by writing to the following address:

ATCP 10.26 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.26(8)(b) (b) An owner of swine may enter into a herd plan within 60 days after the department quarantines those swine. The department may extend the deadline date for good cause. If a herd owner fails to enter into a herd plan by the deadline date, the herd owner is no longer eligible for indemnities if the department condemns the swine under sub. (7).

ATCP 10.26(8)(c) (c) A herd plan shall be designed to eradicate pseudorabies within 24 months after the herd plan is signed, or within 24 months after the department quarantines the herd, whichever occurs first. The department may extend the eradication deadline for good cause.

ATCP 10.26(8)(d) (d) The department shall periodically review and document a herd owner’s performance under a herd plan. If a herd owner fails or refuses to comply with a herd plan, the department may issue a notice revoking the herd owner’s eligibility for indemnities on swine condemned under sub. (7). The state veterinarian may issue the notice on behalf of the department.

ATCP 10.26 Note Note: A herd owner may request a hearing on a notice under par. (d), pursuant to ch. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay the condemnation order.

ATCP 10.26(9) (9) Movement of quarantined or exposed swine.

ATCP 10.26(9)(a) (a) Swine that are infected with pseudorabies, or that are part of a herd quarantined for pseudorabies, shall be held separate and apart from all other swine until slaughtered. Swine that come in contact with infected swine, or with swine from a quarantined herd, are considered exposed swine.

ATCP 10.26(9)(b) (b) No quarantined swine or exposed swine may be moved, except as authorized by the department in a permit under s. ATCP 10.08 (3).

ATCP 10.26(9)(c) (c) Whenever the department authorizes the movement of swine quarantined for pseudorabies, the department shall take reasonable steps to notify other herd owners who may be adversely affected by the movement. The department shall, if practicable, issue a written notice to the other herd owners at least 10 days before the swine are moved.

ATCP 10.26 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 18-085: am. (4) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.27 ATCP 10.27 Swine pseudorabies; herd certification.

ATCP 10.27(1) (1) Qualified pseudorabies negative herd. The department may certify a herd of swine as a qualified pseudorabies negative herd if the herd qualifies for that certification under the pseudorabies national eradication standards. Every certification application shall include a nonrefundable fee of $50 for each year of certification. To maintain the certification, the herd owner shall comply with applicable requirements under the pseudorabies national eradication standards.

ATCP 10.27 Note Note: The pseudorabies national eradication standards are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may be obtained by writing to the following address:

ATCP 10.27 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.27(2) (2) Qualified pseudorabies negative grow-out herd. The department may certify a herd of swine as a qualified pseudorabies negative grow-out herd if the herd qualifies for that certification under the pseudorabies national eradication standards. Every certification application shall include a nonrefundable fee of $50 for each year of certification. To maintain the certification, the herd owner shall comply with applicable requirements under the pseudorabies national eradication standards.

ATCP 10.27 Note Note: The pseudorabies national eradication standards are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may be obtained by writing to the following address: