ATCP 10.67(2)(b) (b) A laboratory operator may request department approval under par. (a) 2. The department may require documentation to show that the laboratory is qualified to test fish and fish eggs for relevant diseases. The department shall approve or disapprove a laboratory within 30 days after the department receives the approval request or, if the department requests documentation under this paragraph, within 30 days after the department receives all of the requested documentation.
ATCP 10.67(2)(c) (c) The department may for cause, by written notice and without prior notice or hearing, disqualify a laboratory from acting as a qualified laboratory under this subchapter. Cause may include a violation of this subchapter, a record of incorrect test results under this subchapter, or other material evidence that the laboratory is not qualified. The state veterinarian may issue a disqualification notice on behalf of the department. The notice shall specify the cause for disqualification.
ATCP 10.67 Note Note: The operator of a laboratory disqualified under sub. (1) (b) may request a hearing on the disqualification, pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay a summary disqualification.
ATCP 10.67(3) (3) Misrepresentation. No person may misrepresent any of the following, directly or by implication:
ATCP 10.67(3)(a) (a) That an individual is a qualified fish health inspector.
ATCP 10.67(3)(b) (b) That a laboratory is a qualified laboratory.
ATCP 10.67(3)(c) (c) Any relevant matters related to a fish health inspection or laboratory test under this subchapter.
ATCP 10.67 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.
subch. IX of ch. ATCP 10 Subchapter IX — Sheep
ATCP 10.68 ATCP 10.68 Sheep; brucella ovis-free flock.
ATCP 10.68(1)(1)Initial certification. The department may certify a flock of sheep as a certified brucella ovis-free flock if the flock owner provides proof that all rams in the flock over 6 months old have tested negative for brucella ovis in 2 successive enzyme linked immune serum assay (elisa) tests, or other tests approved by the department. The tests shall be conducted at least 45 days but not more than 60 days apart.
ATCP 10.68(2) (2) Renewal. The department may re-issue a certification under sub. (1) if, within 14 months after the last certification date, the flock owner submits the results of another flock test showing that all rams in the flock have tested negative for brucella ovis. If a herd owner fails to meet the deadline under this subsection, certification expires and may not be reinstated except by the procedure under sub. (1).
ATCP 10.68(2m) (2m)Every application for certification under sub. (1) or certification re-issuance under sub. (2) shall include a nonrefundable fee of $50 for each year of certification.
ATCP 10.68(3) (3) Revocation. The department may by written notice to the flock owner, without prior notice or hearing, summarily revoke a flock certification under this section if any ram in the flock tests positive for brucella ovis. The state veterinarian may issue the revocation notice on behalf of the department.
ATCP 10.68 Note Note: A flock owner affected by a revocation notice under sub. (3) may request a hearing under s. 227.42, Stats., and ch. ATCP 1. A request for a hearing does not automatically stay a summary suspension or revocation.
ATCP 10.68(4) (4) Handling reactors. If a ram tests positive for brucella-ovis, the flock owner shall do one of the following:
ATCP 10.68(4)(a) (a) Segregate and castrate the ram, under department supervision.
ATCP 10.68(4)(b) (b) Ship the ram directly to a slaughtering establishment for slaughter, pursuant to a completed federal bureau form VS 1-27 or a department permit under s. ATCP 10.08 (3).
ATCP 10.68 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 10.68(5) (5) Status of individual animals. No ram qualifies as a member of a brucella ovis-free flock unless at least one of the following applies:
ATCP 10.68(5)(a) (a) The ram was included in the initial certification under sub. (1).
ATCP 10.68(5)(b) (b) The ram originates from another brucella ovis-free flock.
ATCP 10.68(5)(c) (c) The ram has been in the flock for at least 60 days, and was in the flock at the time of the last flock test for brucella ovis.
ATCP 10.68(5)(d) (d) The ram was born to a flock member.
ATCP 10.68(6) (6) Flock additions. No ram may be added to a brucella ovis-free flock unless at least one of the following applies:
ATCP 10.68(6)(a) (a) The ram originates from another brucella ovis-free flock, and was included in the last flock test of that flock.
ATCP 10.68(6)(b) (b) The ram tests negative for brucella ovis within 30 days before entering the brucella ovis-free flock, and again within 45 to 60 days after entering the flock.
ATCP 10.68 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: cr. (2m) Register June 2008 No. 630, eff. 7-1-09; CR 18-085: am. (2), (2m) Register May 2020 No. 773, eff. 6-1-20.
ATCP 10.69 ATCP 10.69 Sheep imports.
ATCP 10.69(1)(1)Except as provided in sub. (2), no person may import a sheep into this state unless the sheep is accompanied by a valid certificate of veterinary inspection. The certificate shall include the official individual identification of the sheep.
ATCP 10.69(2) (2)A certificate of veterinary inspection is not required under sub. (1) for any of the following:
ATCP 10.69(2)(a) (a) A sheep imported directly to a slaughtering establishment for slaughter.
ATCP 10.69(2)(b) (b) A sheep imported directly to a veterinary facility for treatment, provided that the sheep is returned to its place of origin immediately following treatment and there is no change of ownership while the sheep is in this state.
ATCP 10.69(2)(c) (c) A sheep returning directly to its place of origin in this state following treatment in a veterinary facility outside this state, provided that the sheep was shipped directly to the veterinary facility and there was no change of ownership while the sheep was outside the state for veterinary treatment.
ATCP 10.69(2)(d) (d) Sheep imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4).
ATCP 10.69 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: cr. (2) (d) Register July 2012 No. 679, eff. 8-1-12; CR 15-092: am. (2) (d) Register July 2016 No. 727, eff. 10-1-16.
ATCP 10.70 ATCP 10.70 Moving sheep in Wisconsin.
ATCP 10.70(1)(1)Except as provided in sub. (2), no person may sell or move a sheep within this state unless that sheep bears an official individual identification.
ATCP 10.70(2) (2)Subsection (1) does not apply to any of the following:
ATCP 10.70(2)(a) (a) A neutered sheep under 12 months old.
ATCP 10.70(2)(b) (b) A sheep under 12 months old that is shipped directly to a slaughtering establishment for slaughter.
ATCP 10.70 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.
subch. X of ch. ATCP 10 Subchapter X — Goats
ATCP 10.73 ATCP 10.73 Goats; brucellosis-free herd certification.
ATCP 10.73(1)(1)Initial certification. The department may certify a herd of goats as a brucellosis-free herd if the herd owner provides proof that all goats over 6 months old have tested negative for brucellosis in 2 consecutive brucellosis tests conducted at least 10 months apart, but not more than 14 months apart.
ATCP 10.73(2) (2) Renewal. The department may re-issue a certification under sub. (1) if, within 14 months after the last certification date, the herd owner submits proof that the herd has again tested negative for brucellosis in a herd test that included all goats over 6 months old. If a herd owner fails to meet the deadline under this subsection, certification expires and may not be reinstated except by the procedure under sub. (1).
ATCP 10.73(2m) (2m)Every application for certification under sub. (1) or certification re-issuance under sub. (2) shall include a nonrefundable fee of $50.
ATCP 10.73(3) (3) Test procedure. Testing under this section shall comply with s. ATCP 10.052.
ATCP 10.73(4) (4) Revocation. The department may by written notice to the herd owner, without prior notice or hearing, summarily revoke a certified brucellosis-free herd certification if any goat in the herd is found positive for brucellosis. The state veterinarian may issue a revocation notice on behalf of the department.
ATCP 10.73 Note Note: A herd owner may request a hearing on a revocation under sub. (4), pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay a revocation.
ATCP 10.73 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: cr. (2m) Register June 2008 No. 630, eff. 7-1-09; CR 18-085: am. (2) to (3) Register May 2020 No. 773, eff. 6-1-20.
ATCP 10.74 ATCP 10.74 Goats; tuberculosis-free herd.
ATCP 10.74(1)(1)Initial certification. The department may certify a herd of goats as an accredited tuberculosis-free herd if the herd qualifies for that certification using the bovine tuberculosis uniform methods and rules.
ATCP 10.74 Note Note: The bovine tuberculosis uniform methods and rules 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 10.74 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.74(1m) (1m)Every application for certification under sub. (1) shall include a nonrefundable fee of $50 for each year of certification.
ATCP 10.74(2) (2) Maintaining certification. To maintain a herd certification under sub. (1), a herd owner shall comply with applicable requirements in the bovine tuberculosis uniform methods and rules.
ATCP 10.74(3) (3) Suspending or revoking certification.
ATCP 10.74(3)(a) (a) The department may by written notice to the herd owner, without prior notice or hearing, summarily suspend or revoke a herd certification under sub. (1) if any of the following occur:
ATCP 10.74(3)(a)1. 1. A goat in the herd tests positive for tuberculosis.
ATCP 10.74(3)(a)2. 2. The herd owner fails to comply with sub. (2).
ATCP 10.74(3)(a)3. 3. Any goat in the herd is commingled with animals of lesser or no tuberculosis status.
ATCP 10.74(3)(b) (b) The state veterinarian may issue a summary suspension or revocation notice under par. (a). The notice shall state the reason for the suspension or revocation.
ATCP 10.74 Note Note: A herd owner affected by a suspension or revocation notice under sub. (3) may request a hearing under s. 227.42, Stats., and ch. ATCP 1. A request for a hearing does not automatically stay a summary suspension or revocation.
ATCP 10.74 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: cr. (1m) Register June 2008 No. 630, eff. 7-1-09; CR 15-092: am. (1), (2) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: cr. (3) (a) 3. Register May 2020 No. 773, eff. 6-1-20.
ATCP 10.75 ATCP 10.75 Goats; Johne's disease. The state program for Johne's disease in goats is equivalent to the program for bovine animals in ss. ATCP 10.15, 10.16, and 10.18 to 10.20, except that test eligible animals in the goat program shall be 18 months of age or older.
ATCP 10.75 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. Register November 2008 No. 635, eff. 12-1-08.
ATCP 10.76 ATCP 10.76 Goat imports.
ATCP 10.76(1)(1)Certificate of veterinary inspection.
ATCP 10.76(1)(a) (a) Except as provided in par. (b), no person may import a goat into this state unless the goat is accompanied by a valid certificate of veterinary inspection. The certificate shall include the official individual identification of the goat.
ATCP 10.76(1)(b) (b) A certificate of veterinary inspection is not required under par. (a) for any of the following:
ATCP 10.76(1)(b)1. 1. A goat imported directly to a slaughtering establishment for slaughter.
ATCP 10.76(1)(b)2. 2. A goat imported directly to a veterinary facility for treatment, provided that the goat is returned to its place of origin immediately following treatment and there is no change of ownership while the goat is in this state.
ATCP 10.76(1)(b)3. 3. A goat returning directly to its place of origin in this state following treatment in a veterinary facility outside this state, provided that the goat was shipped directly to the veterinary facility and there was no change of ownership while the goat was outside the state for veterinary treatment.
ATCP 10.76(1)(b)4. 4. Goats imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4).
ATCP 10.76(2) (2) Imports from tuberculosis modified accredited states or zones.
ATCP 10.76(2)(a) (a) No person may import a goat from a tuberculosis modified accredited state or a tuberculosis modified accredited zone in a state with split multiple tuberculosis statuses as determined by USDA, other than to a slaughtering establishment for slaughter, unless all of the following apply:
ATCP 10.76(2)(a)1. 1. The goat is accompanied by a valid certificate of veterinary inspection. The certificate shall include the import permit number under subd. 2., the whole herd tuberculosis test result under subd. 3., and the individual test result under subd. 4.
ATCP 10.76(2)(a)2. 2. The goat is imported pursuant to an import permit under s. ATCP 10.07 (2).
ATCP 10.76(2)(a)3. 3. The goat originates from a herd that has tested negative on a whole herd tuberculosis test conducted within 12 months prior to the import date. The whole herd test shall include every goat that is at least 12 months old.
ATCP 10.76(2)(a)4. 4. The goat has tested negative on a tuberculosis test conducted within 60 days prior to the import date.
ATCP 10.76 Note Note: Federal bureau rules for interstate shipment of animals may specify a different time period for tuberculosis testing prior to interstate shipment. An importer must comply with federal bureau rules. However, compliance with federal bureau rules does not excuse a violation of subd. 4.
ATCP 10.76(2)(b) (b) A goat from a tuberculosis modified accredited state or a modified accredited zone may not be imported to an animal market.
ATCP 10.76(2)(c) (c) A goat imported from a modified accredited state or a modified accredited zone may not be removed from the premises where it is first received in this state unless one of the following applies:
ATCP 10.76(2)(c)1. 1. The goat test negative for tuberculosis under par. (d).
ATCP 10.76(2)(c)2. 2. The goat is shipped directly from the premises to a slaughtering establishment for slaughter.
ATCP 10.76(2)(c)3. 3. The goat is imported directly to an exhibition in this state, and is returned directly from that exhibition to its state of origin.
ATCP 10.76(2)(d) (d) The owner of a goat imported from a tuberculosis modified accredited state or a modified accredited zone shall have the goat tested for tuberculosis not less than 60 days nor more than 90 days after it is imported.
ATCP 10.76 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (1) (b) 4., (2) (title), (a) (intro.) Register July 2012 No. 679, eff. 8-1-12; CR 15-092: am. (1) (b) 4. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (2) (b), (c) (intro.), (d) Register May 2020 No. 773, eff. 6-1-20.
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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.