Chapter ATCP 10

ATCP 10.03 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register May 2011 No. 665; corrections in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 13-058: am. (3) Register March 2014 No. 699, eff. 6-1-14; correction in (3) made under s. 35.17, Stats., Register March 2014 No. 699; CR 15-092: am. (3) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (3), cr. (7) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.04 ATCP 10.04 Disease tests.

ATCP 10.04(1) (1) Duty to submit samples and report test results.

ATCP 10.04(1)(a) (a) A veterinarian, qualified fish health inspector, certified veterinary technician, qualified chronic wasting disease test sampler, or DHIA technician who tests an animal in this state for any of the following diseases shall report the test results to the department, regardless of whether the test result is positive or negative:

ATCP 10.04(1)(a)1. 1. Brucellosis.

ATCP 10.04(1)(a)2. 2. Johne’s disease.

ATCP 10.04(1)(a)3. 3. Pseudorabies.

ATCP 10.04(1)(a)4. 4. Tuberculosis.

ATCP 10.04(1)(a)5. 5. Chronic wasting disease.

ATCP 10.04(1)(a)6. 6. Viral hemorrhagic septicemia.

ATCP 10.04(1)(am) (am) A person under par. (a) shall submit test samples to a laboratory approved by the department.

ATCP 10.04(1)(b) (b) A person under par. (a) shall report a positive test result for any disease under par. (a) within the time period and by the method specified for that disease in s. ATCP 10.03.

ATCP 10.04(1)(c) (c) A person under par. (a) shall report a negative test result for any disease under par. (a) within 10 days after receiving that test result. The person shall report the negative test result in writing, by e-mail, or fax.

ATCP 10.04(1)(d) (d) A person under par. (a) is not required to report diseases under par. (a) if the laboratory analyzing the test sample reports the test result to the department according to this subsection.

ATCP 10.04(1)(e) (e) A test result report under this subsection shall include the official individual identification of the animal to which the test result pertains. If the animal has no official individual identification, the person under par. (a) who collects the test sample shall apply an official individual identification to any livestock, other than fish, or shall use another appropriate identifier for other non-livestock animals, prior to collecting the test sample.

ATCP 10.04(2) (2) Duty to assist department. An owner or custodian of animals shall make those animals available to the department, at the department’s request, for any disease testing that the department is authorized to perform on those animals. The owner or custodian shall restrain the animals, as necessary, to facilitate testing and protect the safety of the animal and the persons performing the testing.

ATCP 10.04(3) (3) Presumption. For purposes of ch. 95, Stats., this chapter, and ch. ATCP 12, a laboratory test result is rebuttably presumed to be valid if the department or the federal bureau has approved or certified the laboratory to perform that type of test.

ATCP 10.04(4) (4) Department ordered testing. If an animal is moved or imported without being tested according to this chapter or may be exposed to a disease identified in ch. ATCP 10 Appendix A or ch. ATCP 10 Appendix B, the department may order the testing performed, or may order that an authorized employee or agent of the department or the federal bureau perform the testing, at the owner’s expense. Testing completed under a department order does not relieve any person from other penalties or remedies that may apply because of the illegal import or movement.

ATCP 10.04 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (1) (title) and (a) (intro.), cr. (1) (a) 5. and 6. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (4) Register July 2012 No. 679, eff. 8-1-12; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 13-058: am. (1) (a) (intro.), (b) to (e) Register March 2014 No. 699, eff. 6-1-14; correction in (1) (a) made under s. 35.17, Stats., Register March 2014 No. 699; CR 18-085: am. (1) (title), cr. (1) (am), am. (1) (e) Regsiter May 2020 No. 773, eff. 6-1-20; correction in (1) (e) made under s. 35.17, Stats., Register May 2020 No. 773.

ATCP 10.045 ATCP 10.045 Official individual identification application and record keeping requirements.

ATCP 10.045(1) (1) Whenever a person distributes official individual identification or applies official individual identification to any animal, that person shall keep a record of the date of distribution or application, the official identification number that was distributed or applied to the animal, and the name and address of the owner of the animal.

ATCP 10.045(2) (2) A person who is required to keep records, under sub. (1), shall do all of the following:

ATCP 10.045(2)(a) (a) Retain each record for at least 5 years.

ATCP 10.045(2)(b) (b) Make the records available to the department, upon request, for inspection and copying.

ATCP 10.045(3) (3) 

ATCP 10.045(3)(a) (a) A person may not apply an official individual identification to any animal that already has an official individual identification, except as follows:

ATCP 10.045(3)(a)1. 1. An “840” tag may be applied to an animal that has a national uniform ear tagging system ear tag under s. ATCP 10.01 (70) (a).

ATCP 10.045(3)(a)2. 2. A brucellosis vaccination tag may be applied when vaccinating an animal under s. ATCP 10.10.

ATCP 10.045(3)(a)3. 3. An official individual identification as approved by the department.

ATCP 10.045(3)(b) (b) A person that applies identification specified under this subsection shall keep a record of the existing and newly applied official identification numbers and the information under subs. (1) and (2).

ATCP 10.045 History History: CR 15-092: cr. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: cr. (3) Register May 2020 No. 773, eff. 6-1-20; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2020 No. 773.

ATCP 10.05 ATCP 10.05 Wisconsin certified veterinarians.

ATCP 10.05(1) (1) Automatic certification. A veterinarian certified under this section shall follow accreditation standards under 9 CFR parts 160 to 162 and is automatically certified as a Wisconsin certified veterinarian, without any action by the department, if all the following apply:

ATCP 10.05(1)(a) (a) The veterinarian is currently licensed under ch. 89, Stats., to practice veterinary medicine in this state.

ATCP 10.05(1)(b) (b) The veterinarian is currently accredited by the federal bureau under 9 CFR parts 160 to 162.

ATCP 10.05(2) (2) Decertification.

ATCP 10.05(2)(a) (a) A veterinarian is no longer certified under sub. (1) if any of the following occur:

ATCP 10.05(2)(a)1. 1. The veterinarian is no longer licensed under ch. 89, Stats., to practice veterinary medicine. If the veterinarian’s license is temporarily suspended, the certification under sub. (1) is suspended for the period of the license suspension.

ATCP 10.05(2)(a)2. 2. The veterinarian is no longer accredited by the federal bureau under 9 CFR 160 to 162. If the veterinarian’s federal accreditation is temporarily suspended, the certification under sub. (1) is suspended for the period of the accreditation suspension.

ATCP 10.05(2)(a)3. 3. The department suspends or revokes the certification for cause, including violations under 9 CFR parts 160 to 162.

ATCP 10.05(2)(b) (b) The state veterinarian may, on behalf of the department, summarily suspend or revoke the certification of a veterinarian who violates applicable requirements under ch. 95, Stats., this chapter, or ch. ATCP 12 or 16. The state veterinarian shall specify, in the order, the period of suspension or the requirements for reinstatement after revocation. A veterinarian may request a hearing before the department, pursuant to ch. 227, Stats. A request for hearing does not stay the summary suspension or revocation.

ATCP 10.05 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (2) (b) Register July 2012 No. 679, eff. 8-1-12; correction in (1) (a), (2) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718; CR 18-085: am. (1) (intro.), (2) (a) 3. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (intro.), (2) (a) 3. made under s. 35.17, Stats., Register May 2020 No. 773.

ATCP 10.052 ATCP 10.052 Brucellosis testing and control.

ATCP 10.052(1) (1) Who may collect test samples. A person who collects a brucellosis test sample, for purposes of this chapter, ch. ATCP 12 or ch. ATCP 16, shall be one of the following:

ATCP 10.052(1)(a) (a) An accredited veterinarian. If the veterinarian collects the sample in this state, the veterinarian shall also be a Wisconsin certified veterinarian.

ATCP 10.052(1)(b) (b) An authorized employee or agent of the department or the federal bureau.

ATCP 10.052(1)(c) (c) A person who collects samples at a slaughtering establishment under the supervision of the department or the federal bureau.

ATCP 10.052(2) (2) Test procedure. A person who collects a brucellosis test sample under this chapter shall comply with requirements in the brucellosis uniform methods and rules that apply to that animal species, when applicable. The person shall submit the sample to a private, state, or federal laboratory that the department or federal bureau has approved to conduct brucellosis tests.

ATCP 10.052(3) (3) Veterinarian to report. A veterinarian who collects a brucellosis test sample from an animal that resides in this state shall report the test result to the department and the animal owner according to s. ATCP 10.04 (1).

ATCP 10.052 Note Note: A test report must include the animal’s official individual identification, if required under this chapter. If, at the time of testing, a livestock animal does not have official individual identification, the person collecting the test sample must apply the official individual identification to the animal prior to collecting the test sample. If, at the time of testing, animals other than livestock do not have proper identification, the person collecting the test sample must apply a proper identifier prior to collecting the test sample. See s. ATCP 10.04 (1) (e).

ATCP 10.052(4) (4) Classification. Upon receiving a brucellosis test result, the department or the federal bureau shall classify the tested animal as negative, suspect, or reactor, according to the brucellosis uniform methods and rules, where applicable. For species not covered by the brucellosis uniform methods and rules, the department and federal bureau shall determine animal classification. The department or the federal bureau may use supplemental brucellosis tests to confirm test results, and to evaluate whether animals may be infected with brucellosis.

ATCP 10.052(5) (5) Reactors in livestock.

ATCP 10.052(5)(a) (a) Within 15 days after the department or the federal bureau classifies an animal as a brucellosis reactor under sub. (4), the department shall quarantine the animal and require other testing or measures to control or eradicate the disease.

ATCP 10.052(5)(b) (b) The department may extend a deadline under par. (a) for good cause, but may not extend a deadline by more than 15 days without federal bureau approval.

ATCP 10.052(5)(c) (c) An owner of an animal raised primarily to produce food for human consumption may request an indemnity under s. 95.26 (7), Stats., for a brucellosis reactor slaughtered under par. (a). The animal owner shall file the request with the department, on a form provided by the department. An animal owner does not qualify for an indemnity if the owner fails to comply with the requirements specified in the quarantine issued by the department.

ATCP 10.052(6) (6) Test positive animal; movement restricted. No person may sell or move an animal that tests positive on any brucellosis test until one of the following occurs:

ATCP 10.052(6)(a) (a) The department determines that the animal is not a brucellosis suspect or reactor.

ATCP 10.052(6)(b) (b) The animal is classified as a brucellosis suspect or reactor, and appropriate action is taken as determined by the department.

ATCP 10.052 History History: CR 18-085: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (2) made under s. 35.17, Stats., Register May 2020.

ATCP 10.055 ATCP 10.055 Tuberculosis testing and control.

ATCP 10.055(1) (1) Who may test or collect samples.

ATCP 10.055(1)(a) (a) A person who performs a tuberculosis test or who collects a sample for any other tuberculosis test on an animal for purposes of this chapter or ch. ATCP 12, shall have completed department-approved training on tuberculosis testing or tuberculosis sample collection within 5 years prior to the test date and shall be one of the following:

ATCP 10.055(1)(a)1. 1. An accredited veterinarian. If the veterinarian performs the test on an animal in this state, the veterinarian shall also be a Wisconsin certified veterinarian.

ATCP 10.055(1)(a)2. 2. An authorized employee or agent of the department or the federal bureau that is directly supervised by a veterinarian employed by the state of Wisconsin, as authorized by the state veterinarian, or employed by the federal bureau.

ATCP 10.055(1)(b) (b) Only a veterinarian approved by the department or an employee of the department or federal bureau may conduct confirmatory tuberculosis testing on any animal under this chapter or ch. ATCP 12.

ATCP 10.055(2) (2) Testing approval. A person, under sub. (1), may not perform a tuberculosis test on or collect a test sample from any animal from a quarantined or known infected herd, except with the department’s approval.

ATCP 10.055(3) (3) Test reporting. A person, under sub. (1), who performs a tuberculosis test on an animal in this state, or collects a tuberculosis test sample from an animal in this state, shall report the test result to the department according to s. ATCP 10.04 (1).

ATCP 10.055 Note Note: A test report must include the animal’s official individual identification. If the animal has no official individual identification, it must be applied prior to collecting the test sample. See s. ATCP 10.04 (1) (e).

ATCP 10.055(4) (4) Test positive animal; movement restricted. No person may sell or move an animal that tests positive on any tuberculosis test until one of the following occurs:

ATCP 10.055(4)(a) (a) The department determines that the animal is not a tuberculosis suspect or reactor.

ATCP 10.055(4)(b) (b) The animal is classified as a tuberculosis reactor and treated as determined by the department.

ATCP 10.055(5) (5) Test positive animal; further testing and classification. Whenever the department receives a positive tuberculosis test report under sub. (3), the department or the federal bureau shall conduct confirmatory testing to determine whether the animal is a tuberculosis suspect or reactor. The department or the federal bureau shall test and classify animals according to the tuberculosis uniform methods and rules for the species of animal tested, when applicable. For species that are not covered by the tuberculosis uniform methods and rules, the department and federal bureau shall determine animal classification.

ATCP 10.055(6) (6) Tuberculosis reactors.

ATCP 10.055(6)(a) (a) Within 15 days after the department or the federal bureau classifies an animal as a tuberculosis reactor, the department shall quarantine the animal and require additional testing or measures to control or eradicate the disease.

ATCP 10.055(6)(b) (b) The department may extend a deadline under par. (a) for good cause, but may not extend a deadline under par. (a) by more than 15 days without federal bureau approval.

ATCP 10.055(6)(c) (c) An owner of an animal raised primarily to produce food for human consumption may request an indemnity under s. 95.25 (5), Stats., for a tuberculosis reactor slaughtered under par. (a). The animal owner shall file the request with the department, on a form provided by the department. An animal owner does not qualify for an indemnity if the owner fails to comply with pars. (a) and (b).

ATCP 10.055 Note Note: The tuberculosis uniform methods and rules apply to cattle, bison and farm-raised deer and 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 written request made to the following address:

ATCP 10.055 Note Wisconsin Department of Agriculture, Trade and Consumer Protection

ATCP 10.055 Note Division of Animal Health

ATCP 10.055 Note P.O. Box 8911

ATCP 10.055 Note Madison, WI 53708-8911

ATCP 10.055 History History: CR 15-092: cr. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: cr. (5), (6) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.06 ATCP 10.06 Certificate of veterinary inspection.

ATCP 10.06(1) (1) When required.

ATCP 10.06(1)(a) (a) Except as provided in par. (c), a certificate of veterinary inspection shall accompany every animal imported into this state.

ATCP 10.06(1)(b) (b) A certificate of veterinary inspection is not required for movement of animals within this state, except as specifically provided in this chapter or ch. ATCP 12 or 16.

ATCP 10.06 Note Note: A certificate of veterinary inspection may be required under this chapter, or ch. ATCP 12 or 16 for the sale or movement of certain animals within this state. See, for example, s. ATCP 10.56 (1) related to intrastate movement of farm-raised deer, s. ATCP 10.87 (3) related to intrastate movement of swine to fairs or exhibitions, and s. ATCP 16.16 related to sales of dogs by licensed dog sellers or dog facility operators.

ATCP 10.06(1)(c) (c) A certificate of veterinary inspection is not required under par. (a) for imports of the following animals, unless a certificate is required in a particular case under s. ATCP 10.07:

ATCP 10.06(1)(c)1. 1. A bovine animal that is exempt under s. ATCP 10.22 (1) (b).