Scope Statements
Agriculture, Trade and Consumer Protection
The statement of scope was approved by the governor on October 8, 2014.
Rule No.
Relating to
Animal disease and movement; animal markets, dealers, and truckers.
Rule Type
Permanent.
1. Description of the Objective of the Rule
The current rules will be reviewed to ensure provisions are clearly written and consistently stated throughout chs.
ATCP 10 and
12, Wis. Admin. Code. The department will make minor modifications resulting from that review.
2. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Division of Animal Health staff have concluded that certain provisions in chs.
ATCP 10 and
12 are unclear, or inconsistent with other rule provisions, with related statute provisions, or with federal regulations. Those issues have arisen: while implementing programs with requirements specified in chs.
ATCP 10 and
12; in contacts with individuals licensed through the division; or, in contacts with veterinarians and industries regulated by the division and the United States Department of Agriculture. The division has also received requests from individuals and industries to modify certain program requirements through amendments to ch.
ATCP 10 or
12.
The following subjects in chs.
ATCP 10 and
12, Wis. Admin. Code, will be reviewed to address these issues, and may be modified as a result. The statutory authority to promulgate rules is identified for each subject area.
• Import requirements (see ss.
93.07 (1),
(2), and
(10),
95.20,
95.45 (3),
95.55 (6),
95.60 (4s),
95.68 (8),
95.69 (8),
95.71 (8), and
95.715 (2) (d), Wis. Stats.).
• Disease reporting requirements (see ss.
93.07 (1) and
(10),
93.15,
95.20,
95.22 (1) and
(2),
95.38,
95.43,
95.55 (6),
95.60 (4s),
95.68 (8),
95.69 (8),
95.71 (8) and
95.715 (2) (d), Wis. Stats.).
• Requirements for approval by the department for persons collecting test samples, laboratories, out-of-state forms, etc. (see ss.
93.07 (1),
(2), and
(10),
93.15,
95.20,
95.38,
95.42,
95.43,
95.45 (4) (c),
95.55 (6), and
95.60 (4s), Wis. Stats.).
• Recordkeeping requirements by licensees, including acceptability of electronic storage of records (see ss.
93.07 (1),
(2), and
(10),
93.15,
95.20,
95.22 (1) and
(2),
95.38,
95.42,
95.43,
95.45 (3),
95.55 (6),
95.60 (4s),
95.68 (8),
95.69 (8),
95.71 (8), and
95.715 (2) (d), Wis. Stats.).
As of this date, there are no existing policies and no new policies that will be incorporated into the proposed rule.
If the department does not modify current rule provisions, identified as unclear or inconsistent, it may cause difficulties for individuals or entities in Wisconsin attempting to follow rule requirements.
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
93.07 Department duties. It shall be the duty of the department:
(1) REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
(2) FORMS. To prescribe forms for all applications, notices and reports required to be made to the department or which are necessary in its work.
* * *
(10) ANIMAL HEALTH; QUARANTINE. To protect the health of animals located in this state and of humans residing in this state and to determine and employ the most efficient and practical means for the prevention, suppression, control, and eradication of communicable diseases among animals. For these purposes, the department may establish, maintain, enforce, and regulate such quarantine and such other measures relating to the importation, movement, and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department determines are necessary. The definition of “communicable disease" in s.
990.01 (5g) does not apply to this subsection.
93.15 Reports to department; inspections.
(1) The department may, by general or special order, require persons engaged in business to file with the department, at such time and in such manner as the department may direct, sworn or unsworn reports or sworn or unsworn answers in writing to specific questions, as to any matter which the department may investigate.
(2) The department or any of its authorized agents may have access to and may copy any document, or any part thereof, which is in the possession or under the control of any person engaged in business, if such document, or such part thereof, is relevant to any matter which the department may investigate.
(3) No person shall refuse or fail to render any report or answer required under this section at such time and in such manner as the department may prescribe. No person shall refuse, neglect or fail to submit, for the purpose of inspection or copying, any document demanded under this section. No person shall willfully make any false entry or statement in any report or answer required or document demanded under this section. No person shall willfully fail to make full and true entries and statements in any report or answer required or document demanded under this section. No person shall, for the purpose of embarrassing the department in the conduct of any investigation, hearing or proceeding, remove out of the state or mutilate or alter any document. No person shall, except through judicial process, resist or obstruct any official or subordinate of the department in the exercise of the official's or subordinate's lawful authority.
95.20 Import and movement of animals. The department may prohibit or regulate the importing of animals into this state or the movement of animals within this state if the department has reasonable grounds to believe that regulation or prohibition is necessary to prevent the introduction or spread of a disease in this state that threatens the health of animals or of humans.
95.22 Reporting animal diseases.
(1) A veterinarian and the department of natural resources shall report to the department of agriculture, trade and consumer protection any disease specified in the rules promulgated under sub. (2) (a) each time a veterinarian or the department of natural resources discovers that such a disease is present in any animal in this state.
(2) The department shall promulgate rules that specify all of the following:
(a) The diseases that a veterinarian or the department of natural resources must report under this section.
(b) For each disease specified in par. (a), the deadline for reporting the disease after the date of its discovery.
(c) The information that a veterinarian or the department of natural resources must include in his or her report.
(d) Procedures to be used in preparing and submitting the report.
* * *
95.38 Altering records; tampering with ear tags.
* * *
(3) The department may adopt rules that are necessary to administer this section.
95.42 Revocation of permit to test. Only veterinarians approved by the department may apply the tuberculin test to cattle and farm-raised deer, and no veterinarian applying the test may tag or brand reactors except as specifically authorized or directed by the department. Any veterinarian who fails to comply with this section and the rules and instructions furnished by the department shall forfeit all right to apply the tuberculin test.
95.43 Application of brucellosis test.
(1) The brucellosis test shall be applied only by approved veterinarians. Any veterinarian who fails to comply with the laws or regulations of the department relating to disease control may be denied such approval.
(2) Every veterinarian who applies the brucellosis test shall promptly reactor tag and permanently mark all reactors in conformity with the law and the regulations of the department, and shall promptly report the result of each test to the department. No person shall interfere in any way with the identification of reactors as required herein.
95.45 Certificates of veterinary inspection; tests for interstate shipment.
* * *
(4) (c) The department may promulgate rules to impose requirements on the form, issuance, and filing of certificates of veterinary inspection.
* * *
95.55 Farm-raised deer.
* * *
(6) RULES. (a) The department shall promulgate rules to regulate persons who keep farm-raised deer. The rules shall establish disease testing requirements for bovine tuberculosis and chronic wasting disease and may establish testing requirements for other diseases.
