Wisconsin Legislature: ATCP 12.01(3)(b)

Chapter ATCP 12

ANIMAL MARKETS, DEALERS AND TRUCKERS

ATCP 12.01 Definitions.

ATCP 12.02 Animal markets.

ATCP 12.03 Animal dealers.

ATCP 12.04 Animal truckers.

ATCP 12.045 Animal transport vehicles.

ATCP 12.05 Identification of livestock.

ATCP 12.06 Records.

ATCP 12.07 Handling downer animals.

ATCP 12.08 Prohibited conduct.

ATCP 12.09 Waiver.

Note: Chapter Ag 12 as it existed on December 31, 1990 was repealed and a new ch. Ag 12 was created effective January 1, 1991; Chapter Ag 12 was renumbered ch. ATCP 12 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

Note: Requirements regarding federally approved livestock marketing facilities can be found under s. ATCP 10.07 (4), approved import feed lots under s. ATCP 10.22 (9), and intermediate livestock handling facilities under s. ATCP 10.07 (5).

ATCP 12.01 Definitions. As used in this chapter:

(1a) “Animal dealer” means a person who is required to be licensed under s. ATCP 12.03 (1).

(1d) “Animal dealer premises” means any real property, owned or controlled by an animal dealer, at which the animal dealer keeps, exhibits, or receives livestock or wild animals, or from which the animal dealer ships livestock or wild animals.

(1g) “Animal market” means any premises that are open to the public for the purpose of trading in livestock or wild animals, and that have facilities to keep, feed, and water livestock or wild animals prior to sale, and is required to be licensed under s. ATCP 12.02 (1).

(1j) “Animal market operator” means a person who is required to be licensed under s. ATCP 12.02 (1).

(1m) “Animal transport vehicle” means a vehicle used to transport livestock or wild animals. “Animal transport vehicle” includes a trailer, truck, or other conveyance in which animals are transported on public highways, whether or not the conveyance is motorized. “Animal transport vehicle” does not include a vehicle that merely pulls a separate animal transport vehicle, and is not itself used to contain animals.

(1r) “Animal trucker” means a person who is required to be licensed under s. ATCP 12.04 (1).

(1w) “Bovine animal” means domestic cattle (Bos sp.) or American bison of any age or sex.

(2) “Buying station” means premises which are open to the public to receive livestock for direct shipment to slaughter.

(3) “Commingle” means to cause or permit any of the following:

(a) Direct contact with other animals.

(b) Unprotected contact with the same facilities, equipment, individuals, or environment contacted by other animals, under circumstances where that unprotected contact may spread disease.

(4) “Communicable” means transmissible, either directly or indirectly.

(5) “Contagious” means spread by contact, body secretions, or fomites.

(6) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

(7) “Diseased” means afflicted with a contagious, infectious, or communicable disease.

(8) “Downer animal” means an animal which is in a sitting or prone position and cannot move to a normal standing or upright position under its own power, without application of inhumane stimulus.

(8m) “Equine animal” has the meaning specified under s. 95.68 (1) (am), Stats.

(8r) “Equine market” has the meaning specified under s. 95.68 (1) (b), Stats.

(8w) “Farm-raised deer” has the meaning given in s. 95.001 (1) (ag), Stats., but does not include cervids kept by an institution accredited by the association of zoos and aquariums.

(8x) “Federal bureau” means the animal and plant health inspection service of USDA, or any other unit of USDA, that is vested with authority to administer federal laws and regulations relating to animal disease control.

(8y) “Federally approved livestock marketing facility” means an animal market that complies with s. ATCP 10.07 (4).

(9) “Feeder cattle” means bovine animals, other than dairy class females, kept for the sole purpose of feeding prior to slaughter, which are not more than 18 months old as evidenced by the absence of permanent teeth, and whose sexual status is one of the following:

(a) Non-spayed female that is not parturient or post-parturient.

(b) Spayed heifer.

(10) “Feeder swine” means swine that weigh 80 pounds or less and are kept for the sole purpose of feeding prior to slaughter.

(11) “Fomite” means an inanimate object or substance which serves to transfer infectious organisms from one animal to another.

(11m) “Individual” means any of the following, as applicable:

(a) When used as a noun, a natural person.

(b) When used as an adjective, separate and distinct from all others.

(12) “Infectious” means caused by a pathogenic agent.

(12m) “Keep farm-raised deer” means to own, rent, lease, or serve as the custodian of farm-raised deer.

(12p) “Keeper of farm-raised deer” means a person who keeps farm-raised deer.

(13) “Livestock” means farm animals including bovine animals, sheep, goats, swine other than wild hogs, farm-raised deer, and equine animals.

(14) “Market swine” means a barrow which is a castrated boar, or a gilt which is a female that has not reproduced, that are sold for shipment to slaughter.

(18) “Official back tag” means an identification back tag issued or approved by the federal bureau or the department.

Note: Examples of official back tags include the official Wisconsin bovine back tag and the official Wisconsin swine back tag.

(19) “Official ear tag” means an identification ear tag approved by the federal bureau that bears an official individual identification number meeting the requirements of one of the following:

(a) The national uniform eartagging system developed by the federal bureau in veterinary services memorandum no. 578.12, revised March 15, 2011.

(b) The animal identification number developed by the federal bureau in 9 CFR 86.1 consisting of 15 digits with the first 3 digits of 840.

(20) “Official individual identification” means a set of identifying characters that is uniquely associated with an individual animal. A specific “official individual identification” and its placement on an animal is differentiated, in part, by animal species, and consists of one of the following:

(a) For bovine, an official ear tag attached to the animal.

(b) For farm-raised deer, any of the following:

1. An official ear tag attached to the animal.

2. A federal bureau and department approved microchip implanted in the animal.

1. A written or graphic description by a licensed and accredited veterinarian sufficient to identify the individual equine including all of the following:

a. Name.

b. Age.

c. Breed.

d. Color.

e. Sexual status.

f. Distinctive markings.

g. Unique and permanent forms of identification, when present, including brands, tattoos, scars, cowlicks, blemishes, or biometric measurements.

2. A federal bureau and department approved microchip implanted in the animal.

3. Digital photographs sufficient to identify the individual equine.

(d) For poultry, a leg or wing band bearing a number that uniquely identifies the bird.

(e) For ratites, a leg band bearing a number that uniquely identifies the ratite.

(f) For swine weighing 80 pounds or less, a tattoo or ear tag applied to the animal including a premises identification code or a state registered feeder pig premises tattoo number issued by the department or the authorized animal health agency in the state of origin, or an official ear tag attached to the animal.

(g) For breeding swine, one of the following:

1. An official ear tag attached to the animal.

2. Ear notches for registered swine.

3. A unique tattoo or ear tag applied to the animal including a unique premises identification code or state registered feeder pig premises tattoo number issued by the department or the authorized animal health agency in the state of origin, provided that the animal also bears an individual identification number unique to that premises.

4. A tattoo on the ear or inner flank of any swine, if the tattoo has been recorded in the book of record of a swine registry association.

(h) For goats and sheep, one of the following:

1. An official ear tag attached to the animal.

2. A federal bureau and department approved microchip if implanted in the animal and the animal is registered with a breed registry, or if the animal is in a scrapie free flock certification program flock or herd. The animal must be accompanied by the animal’s registration documents in the animal owner’s name, or by a certificate of veterinary inspection with the implant number.

3. The animal’s breed association or registration tattoo with the management number, accompanied by registration documents in the animal owner’s name.

4. A tattoo or ear tag with a unique individual identification number for the animal’s premises along with a tattoo or ear tag of a unique flock identification number issued by the federal bureau.