Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
[CR 02-054]
(reprinted from Mid-May Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on a proposed rule to revise current animal health rules under chs.
ATCP 10-
12 Wis. Adm. Code. The department will hold one hearing at the time and place shown below. The department invites the public to attend the hearing and comment on the rule. Following the public hearing, the hearing record will remain open until June 7, 2002, for additional written comments.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, or by calling 608-224-4883. Copies will also be available at the hearing.
Hearing impaired persons may request an interpreter for the hearing. Please make reservations for a hearing interpreter by May 27, 2002, by writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4883. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearing.
One hearing is scheduled:
Monday, June 3, 2002, commencing at 11:00 a.m.
Prairie Oaks State Office Building, Board Room
2811 Agriculture Drive
Madison, WI 53708
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statute Interpreted: s.
95.197, Stats.
This rule modifies current animal health rules under chs.
ATCP 10-
12, Wis. Adm. Code. The Wisconsin department of agriculture, trade and consumer protection (DATCP) administers these rules.
Disease Testing; General
Current rules require disease testing of certain animals. According to current rules, required tests must be conducted at a DATCP laboratory or at a laboratory approved by the animal and plant health inspection service of the United States department of agriculture (USDA-APHIS). However, DATCP no longer operates Wisconsin's animal health laboratories (the labs are currently operated by the University of Wisconsin). This rule modifies current testing requirements to state that tests must be conducted at laboratories approved by DATCP or USDA-APHIS.
Under current rules, veterinarians testing for certain diseases must report the test results to DATCP unless the test sample is analyzed at a DATCP laboratory. This rule modifies the current rules to reflect the fact that DATCP no longer operates Wisconsin's animal health laboratories. Under this rule, a veterinarian must report certain test results to DATCP unless the laboratory analyzing the test sample simultaneously reports the test result to DATCP and the veterinarian.
Testing Live Fish and Fish Eggs
Under current rules, an accredited veterinarian or fish health inspector must issue a health certificate for the following:
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Live fish or fish eggs imported into Wisconsin.
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Farm-raised fish released into the waters of the state.
Under current rules, whenever salmonid fish or salmonid fish eggs are imported or released, the health certificate must state that the salmonids are free of whirling disease. But there is no reliable way to test for whirling disease in salmonid eggs. This rule therefore eliminates the whirling disease testing requirement for salmonid eggs (the testing requirement still applies to live fish).
Bovine Tuberculosis
USDA-APHIS classifies states according to the prevalence of bovine tuberculosis within each state. Classifications affect interstate movement of animals. USDA-APHIS previously classified states with a prevalence greater than .1% as “non-modified accredited" states, but now classifies them as “modified accredited" states. This rule incorporates the new federal terminology.
Equine Infectious Anemia
Under current rules, tests for equine infectious anemia (EIA) must be performed by an accredited veterinarian or a veterinarian employed by DATCP or USDA-APHIS. This rule allows a technician employed by DATCP or USDA-APHIS to perform routine screening tests for EIA if the technician is working under the direct supervision of a veterinarian employed by DATCP or USDA-APHIS.
Under current rules, a horse may not be exhibited at a fair or show unless it has tested negative for EIA within the preceding 12 months. Under this rule, the horse must have tested negative for EIA during the same calendar year in which the horse is exhibited, except that a horse may be exhibited in January if it tested negative during the preceding calendar year. This is consistent with current rules related to permanent imports.
Cervids
This rule modifies current rules related to cervids (including deer and elk):
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Under current rules, a cervid may not be imported to Wisconsin unless it has tested negative for brucellosis within the preceding 30 days. This rule changes the pre-import brucellosis testing requirements by incorporating federal Uniform Methods and Rules adopted by USDA-APHIS effective September 30, 1998. This will make Wisconsin import requirements consistent with federal requirements.
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Under current rules, a cervid may not be moved within Wisconsin unless it has tested negative for tuberculosis within the preceding 90 days. There are several current exceptions to this requirement. This rule creates an additional exception, for cervids originating from a certified tuberculosis-free herd.
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Under current rules, captive deer must test negative for tuberculosis within 90 days before they are moved within Wisconsin. White-tailed deer are exempt from this requirement. This rule repeals the current exemption, so that captive white-tail deer will also be subject to the TB testing requirement before they are moved within this state.
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This rule requires any veterinarian or diagnostic laboratory that finds evidence of chronic wasting disease in deer in Wisconsin to report it to DATCP within one day after making the finding.
Poultry Testing and Identification
Under current rules, DATCP may certify a poultry flock as “U.S. pullorum-typhoid clean," and may certify a turkey flock as “mycoplasma-gallisepticum clean," based on test samples collected by an authorized agent of DATCP. Under current rules, DATCP's agent must individually identify tested birds when collecting test samples for these purposes. This rule clarifies that the birds must be identified with leg bands or wing bands.
Under this rule, if DATCP's agent tests 25 or more birds, DATCP's agent may forego individual identification if the owner or the owner's agent isolates the test group from other birds in the flock. The owner or the owner's agent must keep the test group isolated until DATCP authorizes their release from isolation. If one or more of the tested birds tests positive for disease, the owner or the owner's agent must submit all of the isolated birds for further testing or disposition.
“Pullorum-Typhoid Clean" Poultry Flocks
Under current rules, poultry used for breeding purposes and poultry eggs used for hatching must originate from a flock that is tested annually and classified “U.S. pullorum-typhoid clean" under the national poultry improvement plan. This rule retains the source flock classification requirement, but eliminates the annual testing requirement. Flock testing must still be consistent with the national poultry improvement plan.
This change will make it possible for a new breeding flock to claim the “U.S. pullorum-typhoid clean" status of its parent flock until the new flock can be tested and certified in its own right. It will also make Wisconsin rules consistent with those of other states and USDA-APHIS.
“Mycoplasma Gallicepticum Clean" Turkey Flocks
Under current rules, turkeys used for breeding purposes and turkey eggs used for hatching must originate from a flock that is tested annually and classified “Mycoplasma gallicepticum clean" under the national poultry improvement plan. This rule retains the source flock classification requirement, but eliminates the annual testing requirement.
Flock testing must still be consistent with the national poultry improvement plan. This change will make it possible for a new breeding flock to claim the “Mycoplasma gallicepticum clean" status of its parent flock until the new flock can be tested and certified in its own right. It will also make Wisconsin rules consistent with those of other states and USDA-APHIS.
Poultry Quarantines
Under current rules, DATCP must quarantine poultry flocks classified as “reactor," “infected" or “suspect" flocks under the national poultry improvement plan. Quarantined birds may only be moved to slaughter. DATCP may release a quarantine following 2 negative flock tests conducted at least 21 days apart.
This rule modifies current quarantine provisions. Under this rule, quarantined birds moved to slaughter must be accompanied by a USDA permit for movement of restricted animals, form VS 1-27. This rule repeals the current requirement for releasing a quarantine (2 negative flock tests at least 21 days apart). Instead, the quarantine order will spell out quarantine release terms, based on surrounding circumstances.
Poultry Diseases; Test Reports
This rule changes current poultry disease reporting requirements, consistent with the national poultry improvement plan:
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Under current rules, a veterinarian who diagnoses pullorum in poultry must report the disease to DATCP within 10 days after it is diagnosed. This rule shortens the reporting deadline from 10 days to one day.
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This rule adds a reporting requirement for mycoplasma meleagridis. Under this rule, a veterinarian who diagnoses this disease in poultry must report the disease to DATCP within one day after it is diagnosed.
Dogs and Cats
Under current rules, a dog or cat imported to Wisconsin must be accompanied by a certificate of veterinary inspection. The certificate must disclose the rabies vaccination status of the animal. If the dog or cat has never been vaccinated, or is due for re-vaccination, it must be vaccinated by a licensed veterinarian within 30 days after it enters the state or within 30 days after it reaches 4 months of age, whichever is later.
The Legislature recently modified the rabies vaccination statute. Under the new statute, a dog or cat may be vaccinated (with an appropriate vaccine) before the animal reaches 4 months of age, and must be vaccinated before the animal reaches 5 months of age. This rule modifies the current rules to conform to the new statute. Under this rule, if an imported dog or cat has never been vaccinated, or is due for re-vaccination, it must be vaccinated by a licensed veterinarian within 30 days after it enters the state or before it reaches 5 months of age, whichever is later.
Fiscal Estimate
The rule will not have a major impact on State or Local government resources. This rule integrates minor state law changes that have already been enacted into rule, and creates consistency within animal health rules, and with federal programs and with other states. Increases in workload will be absorbed by existing staff.
Regulatory Flexibility Analysis
