(a) Except as provided under par. (b), no person may import an elephant into this state unless the elephant tests negative on a tuberculosis test that is approved by the department. At least one approved tuberculosis test shall be conducted not more than 365 days prior to the import date.
Note: To obtain a list of tuberculosis tests approved for elephants, contact the department at the following address:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4872
(b) Paragraph (a) does not apply to an elephant imported directly to an institution accredited by the association of zoos and aquariums. An animal imported to an accredited institution under this paragraph may not be moved to any place in Wisconsin that is not an accredited institution unless the animal tests negative on a tuberculosis test approved by the department. The test shall be conducted not more than 365 days before the animal is moved.
(4)Owner statement regarding tuberculosis exposure. No person may import an elephant into this state without a written statement by the owner specifying that the elephant has not been exposed to mycobacterium tuberculosis within 5 years prior to the date of import. If the elephant has been exposed to mycobacterium tuberculosis within 5 years prior to the date of import, the person may not import the elephant into this state unless the elephant has met additional tuberculosis testing requirements specified by the state veterinarian.
History: CR 15-092: cr. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (3) (b) Register May 2020 No. 773, eff. 6-1-20.
Subchapter XII — Fairs and Exhibitions
ATCP 10.87Fairs and exhibitions.
(1)Organizer responsibilities. The organizer of a fair or exhibition shall do all of the following:
(a) Comply with this section, and ensure that all exhibitors comply.
(b) Obtain, review, and keep in writing all of the information required under sub. (2) (b). The organizer may keep the written information in electronic form. The organizer shall keep the information for at least 5 years, and shall make it available to the department for inspection and copying upon request.
(c) Appoint a licensed veterinarian to conduct a daily inspection of the exhibited animals, if the fair or exhibition lasts for more than 24 hours.
Note: A “fair,” as defined in s. ATCP 10.01 (41), means a state, county, or district fair. An “exhibition,” as defined in s. ATCP 10.01 (37), means an organized fair, swap meet, rodeo, trail ride, show, or other organized event at which animals owned by different persons are brought together and exhibited on the same premises. An “exhibition” does not include any of the following:
An animal market.
An exhibition operated by an institution accredited by the association of zoos and aquariums.
A wild animal exhibition operated pursuant to a permit from the Wisconsin department of natural resources.
1. Keep all of the following information for any swine meeting the criteria under s. ATCP 10.32 (2) (b) 2. that participate at the fair or exhibition:
a. A record of any swine that were transported directly to a slaughtering establishment.
b. A record of any swine that were transported to an animal market where all the animals sold at the market sale for that day were shipped directly to a slaughtering establishment.
2. The organizer shall keep the records required under subd. 1. in written or electronic form, keep the records for at least 5 years, and make the records available to the department for inspection and copying upon request.
(2)Exhibitor responsibilities. A person who exhibits an animal at a fair or exhibition shall do all of the following:
(a) Comply with applicable requirements under this chapter related to the movement and exhibition of animals.
(b) Provide all of the following to the organizer of the fair or exhibition:
1. The exhibitor’s name and address.
2. The number, type, description and official individual identification, if official individual identification is required under this chapter, of animals exhibited. If official individual identification is not required, identifying information of animals exhibited, including number, type, and description.
3. Appropriate and reliable documentation to show compliance with disease testing and other health requirements under this chapter.
Note: Documentation may include certificates of veterinary inspection or other appropriate and reliable documentation.
4. The livestock premises code, if any, of the premises from which the animals originate.
5. Appropriate and reliable documentation to show that the animals were lawfully imported or moved to the fair or exhibition.
(3)Swine.
(a) No person may exhibit swine at a fair or exhibition unless the swine are accompanied by a certificate of veterinary inspection. The certificate shall certify that the veterinarian has inspected the entire herd of origin within the past 30 days and that no apparent disease was present at the time of inspection. The certificate shall also include a report of test results, herd classification, or other health information that the exhibitor relies upon to document compliance with this subsection.
(b) No person may exhibit any breeding swine at a fair or exhibition unless the exhibitor documents one of the following:
1. The swine tested negative for pseudorabies in a pseudorabies test performed not more than 30 days before the person moves the swine to the fair or exhibition.
2. The swine originate from a qualified pseudorabies negative herd or a qualified pseudorabies negative grow-out herd in this state.
3. The swine originate from a state or area that the federal bureau has currently designated as a pseudorabies stage IV or V state or area.
(c) No person may exhibit non-breeding swine at a fair or exhibition unless one of the following applies:
1. All breeding swine have been removed from the premises of the fair or exhibition before the non-breeding swine arrive, and the non-breeding swine are shipped directly from the fair or exhibition to a slaughtering establishment for slaughter.
2. The exhibitor documents that the swine tested negative for pseudorabies in a test performed within 30 days before the swine are exhibited.
3. The exhibitor documents that non-breeding swine originate from a qualified pseudorabies negative herd or qualified negative pseudorabies grow-out herd in this state.
4. The exhibitor documents that the swine originate from a state or area that the federal bureau has currently designated as a pseudorabies stage IV or V state or area.
(4)Bovine animals.
(a) Bovine animals infected with mange, scab, ringworm, or warts may not be exhibited at any fair or exhibition. Animals showing evidence of infection shall be isolated from other susceptible animals and shall be removed from the premises.
(b) Paragraph (a) does not apply to animals with ringworm or wart lesions if, in the opinion of the veterinarian in charge of the fair or exhibition, the lesions are inactive and not capable of transmitting the disease.
(5)Poultry and farm-raised game birds. No person may exhibit poultry or farm-raised game birds at a fair or exhibition unless the exhibitor documents compliance with s. ATCP 10.40.
(6)Equine animals.
(a) Except as provided in par. (b), no person may exhibit any equine animal at a fair or exhibition unless the exhibitor documents the animal has tested negative on an equine infectious anemia test conducted within 12 months from the date the blood was drawn for the test to the date on which the animal is first exhibited.
(b) Paragraph (a) does not apply to a nursing foal accompanying its dam if the dam has tested negative for equine infectious anemia according to par. (a).
(7)Sheep. No person may exhibit a sheep at a fair or exhibition unless the exhibitor documents that the sheep bears official individual identification as required in s. ATCP 10.70.
(8)Goats. No person may exhibit a goat at a fair or exhibition unless the exhibitor documents that the goat bears official individual identification as required in s. ATCP 10.77.
History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (3) (a) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: cons. (6) (a) (intro.) and 1. and renum. (6) (a) and am., r. (6) (a) 2. Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (1) (b), (3) (b) 1., (6) (a) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (a), renum. (1) (c) (intro.) to (1) (c) and am., r. (1) (c) 1., 2., cr. (1) (d), am. (2) (b) 2., 3., 5. Register May 2020 No. 773, eff. 6-1-20.
Subchapter XIII — Enforcement
ATCP 10.89Quarantines.
(1)Quarantine order.
(a) The department may, without prior notice or hearing, issue an order quarantining domestic animals or captive wild animals in this state for any of the following purposes:
1. To prevent, suppress, control, or eradicate contagious, infectious, or communicable diseases that may affect animals, or that may be transmitted from animals to humans.
2. To prevent the movement or commingling of animals pending further testing, diagnosis, traceback, or investigation related to known or suspected disease.
3. To protect the health of animals located in this state and of humans residing in this state, relating to the importation, movement, and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department determines are necessary.
(b) A quarantine order under par. (a) may prohibit the commingling of animals, the movement of quarantined animals, the movement of animals from quarantined premises, or the movement of animals onto quarantined premises without department approval.
(c) No person may move any animal in violation of a quarantine order under par. (a), or fail to comply with the terms and conditions of a quarantine order.
(2)Service of quarantine order.
(a) Except as provided under par. (b), a quarantine order under sub. (1) shall be served upon a person having custody or control of the quarantined animals, or shall be posted on the premises affected by the quarantine order. A quarantine order under this paragraph may be served by any of the following methods:
1. Personal service.
2. Certified mail.
3. Posting a copy of the order at 2 conspicuous places on the premises affected by the quarantine.
(b) The department may issue an emergency quarantine order under sub. (1) that will affect a particular geographical location, county, counties or the entire state in the event of a national, state, or regional animal disease outbreak. An emergency quarantine order under this paragraph shall become effective upon the department issuing a news release to media outlets in all affected areas.
(3)Proof of service. Service under sub. (2) (a) may be proved by certificate of personal service or by certified mail return receipt.
(4)Contents of quarantine order.
(a) A quarantine order served under sub. (2) (a) shall contain all of the following information:
1. The name and address of a person having custody or control of the quarantined animals, if known.
2. A description of the animals affected by the quarantine.
3. A description of the premises affected by the quarantine.
4. The reason or justification for the quarantine.
5. All terms and conditions applicable to the quarantine.
6. Notice that persons adversely affected by the quarantine may request a hearing under sub. (6) to review the quarantine order.
(b) A quarantine order issued under sub. (2) (b) shall contain all of the following information:
1. A description of the animals affected by the quarantine.
2. A description of the geographical location affected by the quarantine.
3. The reason or justification for the quarantine.
4. All terms and conditions applicable to the quarantine.
5. Notice that persons adversely affected by the quarantine may request a hearing under sub. (6) to review the quarantine order.
(5)Duration of quarantine order. A quarantine order under sub. (1) remains in effect until the department releases or modifies the order in writing.
(6)Review of quarantine. A person adversely affected by a quarantine order under sub. (1) may, within 30 days after the quarantine order is served, request a hearing before the department to review the quarantine. The department shall conduct an informal hearing as soon as reasonably possible, and not later than 10 days after receiving a request for hearing. If the matter is not resolved after informal hearing, the person requesting the hearing may seek a formal hearing under ch. 227, Stats., and ch. ATCP 1. A request for hearing does not stay a quarantine order.
History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 18-085: cr. (1) (a) 3., renum. (2) (intro.) to (2) (a) (intro.) and, as renumbered, am. (2) (a) (intro.), cr. (2) (b), am. (3), renum. (4) (intro.) to (4) (a) (intro.) and, as renumbered, am. (4) (a) (intro.), 6., cr. (4) (b) Register May 2020 No. 773, eff. 6-1-20; correction in numbering of (4) made under s. 13.92 (4) (b) 1., Stats., Register May 2020 No.773.
ATCP 10.91Destruction or removal of animals illegally moved.
(1)Summary order. The department may, without prior notice or hearing, order the destruction of, the return to premises of origin, or removal from this state of animals moved into or within this state if any of the following apply:
(a) The owner or custodian of the animals fails to produce a valid certificate of veterinary inspection, if a certificate is required under this chapter or ch. ATCP 12.
(b) The animals are imported in violation of this chapter or ch. ATCP 12, or in violation of any condition specified in an import permit under this chapter.
(2)Service of order. An order under sub. (1) shall be served upon a person having custody or control of the animals affected by the order. The order may be served in person or by certified mail. Service may be proved by certificate of personal service or by certified mail return receipt.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.