ATCP 10.35(3) (3) Sample identification and testing. A person who collects an equine infectious anemia test sample shall identify the sample with the official individual identification of the equine animal from which the sample was collected. Equine infectious anemia tests shall be conducted at a laboratory approved by the department or the federal bureau.

ATCP 10.35(4) (4) Test positive and exposed animals.

ATCP 10.35(4)(a) (a) No person may move an equine animal that tests positive for equine infectious anemia, except as provided in this section. The department shall summarily quarantine every test positive animal. The quarantine notice shall include all of the following:

ATCP 10.35(4)(a)1. 1. Notice of the positive equine infectious anemia test.

ATCP 10.35(4)(a)2. 2. Notice that the owner or custodian may request a retest under sub. (5).

ATCP 10.35(4)(a)3. 3. Notice that the state veterinarian may issue a branding order under sub. (6).

ATCP 10.35(4)(a)4. 4. Notice of quarantine conditions, including the conditions under pars. (e) and (f).

ATCP 10.35(4)(b) (b) If the department finds that a test positive animal under par. (a) has participated in an event where it could have exposed other equine animals, the department shall notify the event sponsor. The event sponsor shall notify other event participants their animals may have been exposed.

ATCP 10.35(4)(c) (c) The department may summarily quarantine any of the following:

ATCP 10.35(4)(c)1. 1. Equine animals kept on the same premises with a test positive animal under par. (a).

ATCP 10.35(4)(c)2. 2. Equine animals that may have been exposed to a test positive animal under par. (a).

ATCP 10.35(4)(d) (d) A quarantine under par. (a) or (c) shall comply with s. ATCP 10.91.

ATCP 10.35(4)(e) (e) An equine animal quarantined under par. (a) or (c) shall be kept in a stall or other facility from which flies are effectively excluded, or at least 300 yards from all equine animals that are not known to be infected.

ATCP 10.35 Note Note: Equine infectious anemia is spread by biting flies.

ATCP 10.35(4)(f) (f) No person may move, sell, or transfer custody of an equine animal quarantined under par. (a) or (c) without a permit under s. ATCP 10.89 (6).

ATCP 10.35 Note Note: A person adversely affected by a quarantine under par. (a) or (c) may, within 30 days after the quarantine is served, request a hearing on the quarantine as provided in s. ATCP 10.89 (6). A request for hearing does not automatically stay a quarantine notice.

ATCP 10.35(5) (5) Retest.

ATCP 10.35(5)(a) (a) The department shall retest an animal quarantined under sub. (4) (a) if, within 10 days after the quarantine notice is served, the owner of the quarantined animal files a written retest request with the department and pays a retest fee of $25. A retest request does not stay a quarantine notice under sub. (4) (a).

ATCP 10.35(5)(b) (b) A veterinarian employed by the department or the federal bureau shall collect the test sample for any retest under par. (a). The veterinarian shall verify that the retested animal is the same animal originally tested. The veterinarian shall collect the retest sample at least 14 days after the department receives the retest request, but not more than 45 days after the initial test sample was collected.

ATCP 10.35(5)(c) (c) If a retest result is negative, the department may do any of the following:

ATCP 10.35(5)(c)1. 1. Release the quarantine issued under sub. (4) (a).

ATCP 10.35(5)(c)2. 2. Conduct additional testing to clarify the disease status of the animal.

ATCP 10.35(6) (6) Branding order.

ATCP 10.35(6)(a) (a) The state veterinarian shall issue a branding order for each test positive animal quarantined under sub. (4) (a), unless one of the following applies:

ATCP 10.35(6)(a)1. 1. The time for requesting a retest, or a hearing on the quarantine order, has not yet expired.

ATCP 10.35(6)(a)2. 2. A person has made a timely request for hearing on the quarantine order, and the contested case proceeding is not yet completed.

ATCP 10.35(6)(a)3. 3. A person has made a valid request for a retest under sub. (5), and the retest is not yet completed.

ATCP 10.35(6)(a)4. 4. A retest fails to confirm the initial test result.

ATCP 10.35(6)(a)5. 5. The state veterinarian is restrained by a judicial order, or by order of the department secretary or administrative law judge under ch. ATCP 1.