ATCP 10.52(4)(a)(a) A person may not collect a test sample under sub. (1m) unless the department verifies that the person has successfully completed, within 5 years prior to the sample collection date, sample collection training approved by the department and the person is one of the following:
ATCP 10.52(4)(a)1.1. A Wisconsin certified veterinarian.
ATCP 10.52(4)(a)2.2. An employee of the department or the federal bureau.
ATCP 10.52(4)(a)3.3. A person approved by the department or the federal bureau.
ATCP 10.52(4)(a)4.4. A registered farm-raised deer keeper, an employee of a farm-raised deer keeper’s deer farm, or a registered farm-raised deer keeper’s immediate family member.
ATCP 10.52 NoteNote: Only farm-raised deer keepers registered as individuals or married couples would have immediate family members eligible to be qualified CWD test sample collectors. Other types of legal entities do not have immediate family members.
ATCP 10.52(4)(ag)(ag) For persons eligible under par. (a) 1. and 4. for qualification as a test sample collector under this subsection, an application shall include a nonrefundable application fee of $50. The application fee is waived for persons eligible under par. (a) 2. and 3. All qualifications under this subsection expire on June 30, 2018, and every fifth year thereafter. Except as authorized under par. (ar), a person eligible as an employee of a farm-raised deer keeper may only be qualified by the department to perform sample collection for the employing farm-raised deer keeper, and may not collect test samples for any other farm-raised deer keeper. A person may reapply to be a qualified test sample collector after expiration by successfully completing a chronic wasting disease test sample collection training approved by the department, and submitting a nonrefundable application fee of $50.
ATCP 10.52(4)(ar)(ar) An employee of a registered farm-raised deer keeper who qualifies as a test sample collector may transfer that employee’s qualification to perform sample collections to qualification on another farm-raised deer keeper’s deer farm, if the new employing farm-raised deer keeper requests the transfer from the department.
ATCP 10.52(4)(b)(b) The department may by written notice, without prior notice of hearing, disqualify a person from collecting samples under sub. (1m), or from accepting or submitting samples under sub. (3) (c) 2. a. and (d). The notice shall specify the reason for the disqualification. The department may disqualify a person if the person lacks required qualifications, fails to collect samples that are consistently testable, leaves the employment of a farm-raised deer keeper, or fails to meet other responsibilities under this chapter. A disqualified person may not collect test samples under sub. (1m), accept test samples under sub. (3) (d) or submit test samples under sub. (3) (c) 2. a. A disqualified person may later apply to be a qualified chronic wasting disease test sample collector only after successfully completing training offered or approved by the department. Successful completion of training under this paragraph also allows a certified veterinarian to accept and submit samples under sub. (3) (c) 2. a. and (d).
ATCP 10.52 NoteNote: A disqualified person may request a hearing on a disqualification under par. (b), pursuant to s. 227, Stats., and ch. ATCP 1. A request for a hearing does not automatically stay a summary disqualification.
ATCP 10.52(4)(c)(c) No person may misrepresent, directly or by implication, that any person is qualified to collect test samples under sub. (1m).
ATCP 10.52(5)(5)Approved laboratories. Tests under sub. (1m) shall be performed at a laboratory that the department and the federal bureau have approved to conduct chronic wasting disease tests.
ATCP 10.52(6)(6)Reporting test results. Whenever any person receives a laboratory test result that is positive for chronic wasting disease, that person shall report that test result according to s. ATCP 10.03.
ATCP 10.52 NoteNote: The reporting requirement under sub. (6) applies to any laboratory test result that is positive for chronic wasting disease, not just the result of a test required under sub. (1m). Telephone and FAX reports should be made to the following numbers:
ATCP 10.52 NotePhone: (608) 224-4872
FAX: (608) 224-4871
ATCP 10.52 NoteWritten reports should be made to the following address:
ATCP 10.52 NoteWisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI. 53708-8911
ATCP 10.52(6m)(6m)Verifying test results. A keeper of farm-raised deer may verify the identity of the farm-raised deer that was reported as being positive for chronic wasting disease through genetic testing of the farm-raised deer, in a procedure approved by the department.
ATCP 10.52(7)(7)Herd quarantine. The department shall quarantine a farm-raised deer herd under s. ATCP 10.89, whenever any farm-raised deer from that herd tests positive for chronic wasting disease. The herd may be quarantined up to 5 years from the date the last farm-raised deer in the herd tested positive for chronic wasting disease. The department shall conduct an epidemiological evaluation of the quarantined herd to determine the appropriate disposition of the herd.
ATCP 10.52(7m)(7m)Herd or individual farm-raised deer quarantine. Based on the epidemiological evaluation under sub. (7), the department may quarantine a herd or individual farm-raised deer traced back or forward from the herd in which a farm-raised deer tested positive for chronic wasting disease. The quarantine issued for a farm-raised deer or herd shall remain in effect up to five years from the date of the last possible exposure to a farm-raised deer that tested positive for chronic wasting disease under sub. (7).
ATCP 10.52(8)(8)Condemned farm-raised deer.
ATCP 10.52(8)(a)(a) The department may order the slaughter or destruction of farm-raised deer, as provided in s. 95.23 (1m) or 95.31, Stats. An order may do all of the following:
ATCP 10.52(8)(a)1.1. Specify a reasonable deadline for the slaughter or destruction.
ATCP 10.52(8)(a)2.2. Direct appropriate disease testing and disposition of the carcasses.
ATCP 10.52(8)(a)3.3. Require the herd owner or custodian to enter into a premises plan agreement under par. (b), within a time period specified in the order, as a condition to the payment of indemnities under par. (c). The terms of a premises plan agreement may be contingent on the outcome of disease testing.
ATCP 10.52(8)(b)(b) A premises plan agreement under par. (a) 3. may require the herd owner or custodian to clean and disinfect the herd premises, limit future cervid movement to and from the premises, or comply with other requirements that are reasonably designed to prevent the spread of disease. An agreement may include a restrictive covenant, such as a fence maintenance requirement, that is binding on subsequent property owners for the duration of the agreement.
ATCP 10.52(8)(c)(c) The owner of farm-raised deer slaughtered or destroyed pursuant to a department order under par. (a) may request an indemnity as provided in s. 95.23 (1m) or 95.31, Stats. The owner shall file the request with the department, on a form provided by the department. The request shall include proof of compliance with the department’s order under par. (a).
ATCP 10.52 NoteNote: A person may obtain an application form under par. (c) by calling (608) 224-4872, by visiting the department website at http://datcp.wi.gov, or by writing to the following address:
ATCP 10.52 NoteWisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53718