Scope statements
Agriculture, Trade and Consumer Protection
Subject
Animal health and disease control.
Policy Analysis
Objective of the rule. This rule will modify current animal health rules. Among other things, this rule may:
•
Update current rules related to animal markets, dealers, truckers and animal transport vehicles, including rules related to livestock identification and records.
•
Modify current rules related to livestock premises registration.
•
Revise current rules related to chronic wasting disease in farm-raised deer. Among other things, this rule may incorporate new federal rules.
•
Adjust animal health fees, as necessary, to address a potential deficit in DATCP's animal health program revenue accounts.
•
Make other miscellaneous changes to current animal health rules.
Preliminary Policy Analysis
Animal Markets, Dealers and Truckers
DATCP regulates animal markets, animal dealers, animal truckers and animal transport vehicles under ss.
95.68,
95.69,
95.71 and
95.71 (4), Stats. This rule may update current rules, to improve animal disease control and clarify existing rules. Among other things, this rule may clarify current requirements related to vehicle identification, livestock identification and livestock records.
Livestock Premises Registration
Wisconsin implemented a mandatory livestock premises registration program effective January 1, 2006 (see s.
95.51 Stats., and ch.
ATCP 17, Wis. Adm. Code). The program is designed to improve disease control, food safety and emergency response capacity. Over 54,000 livestock facilities have been registered to date. This rule may modify current registration procedures, based on program experience to date. This rule may streamline the registration process, and make it more user-friendly. It may also accommodate some concerns of Amish livestock operators, who object to portions of the current rules.
Farm-raised Deer
DATCP currently regulates persons who keep, move or import farm-raised deer (deer, elk and other cervids). Current rules include regulations related to deer farms, hunting preserves, disease monitoring (including CWD monitoring), identification and movement of farm-raised deer, and reporting and recordkeeping requirements.
This rule may update current rules, based on experience to date under those rules. This rule may also incorporate new federal rules proposed by the United States Department of Agriculture (USDA), including rules related to CWD monitoring, testing for interstate movement, and state certification of CWD herd status.
Under current rules, all keepers of farm-raised deer must register with DATCP. Registration fees are based on the number of deer in the registered herd. This rule may revise the current fee structure to reflect the purposes for which a herd is kept, the DATCP workload associated with different herd types, and the health risks associated with different herd management practices.
Among other things, this rule may:
Align Wisconsin farm-raised deer regulations with federal standards.
Address the handling of escaped farm-raised deer.
Require herd plans for herds that are diagnosed with a disease.
Require post-depopulation management of infected herd premises.
Modify record keeping and identification requirements for farm-raised deer herds.
Modify registration requirements and fees for farm-raised deer herds.
Modify disease monitoring requirements.
Animal Health Fees
DATCP currently charges fees for animal health licenses, registrations and forms. DATCP may revise fees by rule. This rule may revise fees, as necessary, to address a potential deficit in animal health program revenue accounts.
Technical Changes
This rule may make a number of miscellaneous, largely technical, changes to current animal health rules.
Statutory Authority
Comparison with Federal Regulations
Most animal health regulations are adopted and administered at the state level. However, USDA administers federal regulations related to the interstate movement of animals, particularly with respect to certain major diseases. States regulate intrastate movement and imports to the state. States certify the disease status of certain herds, at the request of herd owners, to facilitate interstate movement of animals from those herds. States also license and regulate entities such as animal markets, animal dealers and animal truckers (regulations vary by state).
State regulation of interstate animal movement is generally consistent with federal standards, where applicable. However, states may impose additional import requirements if those requirements are reasonably designed to prevent the spread of disease, and do not impose an unreasonable burden on interstate commerce.
Wisconsin's current rules related to farm-raised deer are consistent with applicable federal rules. However, USDA is proposing changes to federal rules related to CWD in farm-raised deer. The proposed federal rules may modify current testing and monitoring requirements for interstate movement, and may modify current identification requirements for interstate movement. DATCP proposes to modify current state rules, as necessary, to be consistent with the new federal rules.
USDA has established a voluntary livestock premises registration program that is available to all states. USDA has not established a mandatory program, or required states to establish a mandatory program. Wisconsin is one of a small number of states that has established a mandatory premises registration program. Wisconsin's mandatory program is consistent with USDA's voluntary program (USDA assigns registration numbers to Wisconsin registered livestock premises, using the federal premises numbering system).
Entities Affected by the Rule
The rule will provide important health protection for the Wisconsin livestock industry. This rule will have a direct impact on animal markets, animal dealers, animal truckers, veterinarians, livestock operators, and keepers of farm-raised deer. In some cases, this rule may add to current regulations, but in other cases this rule may streamline or eliminate current regulations.
Policy Alternatives:
Animal Markets, Dealers and Truckers
If DATCP takes no action, current rules will remain in effect. Failure to update rules may make it more difficult to trace animals in the event of an animal disease outbreak.
Livestock Premises Registration
If DATCP takes no action, current rules will remain in effect. That may result in unnecessary administrative and compliance costs. It may also impair long-term effectiveness and industry acceptance of the premises registration program.
Farm-raised Deer
If DATCP takes no action, current rules will remain in effect. When the national CWD program is implemented, current Wisconsin rules will be inconsistent with federal standards. Among other things, that may limit export opportunities for the farm-raised deer industry. Current state rules do not adequately address all of the issues that have come to light, in recent years, related to the control of CWD in farm-raised deer.
Animal Health Fees
If DATCP takes no action to increase animal health fees, it will soon run a deficit in its animal health program revenue account. If the Legislature provides no alternative funding source, DATCP will need to reduce or eliminate critical disease control and bio-security programs. That will reduce the state's defenses against serious diseases that pose an ever more dangerous threat to animal and human health, and to the state's agricultural and food economy.
Statutory Alternatives
None at this time.
Staff Time Required
DATCP estimates that it will use approximately 0.80 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule. DATCP may need additional personnel to administer this rule, once the rule is adopted (DATCP will include a fiscal estimate with the hearing draft rule).
Natural Resources
Subject
Revision to Chapter
NR 45 which contains the administrative rules for the use of Department properties. Department staff review Chapter
NR 45 every two years and suggest revisions designed to ensure the health and safety of people using Department properties, propose use regulations necessary for the protection of natural resources on the properties, adjust fees, and clarify existing rules.
