Clearinghouse Rule No. _______ October 29, 2015
PROPOSED ORDER
OF THE STATE OF WISCONSIN DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
ADOPTING RULES
______________________________________________________________________________
The Wisconsin department of agriculture, trade and consumer protection proposes the following permanent rule to repeal ATCP 10.01 (103), 10.13 (6) (a) 2., 10.22 (5) (b) 4. b., 10.31 (2) (Note), 10.46 (10) (a) 7., 10.47 (3) (b) 6., 10.47 (7) (b) 3., 10.48 (6) (b) 2., 10.53 (2) (d) 2. and 3., 10.53 (5) (a) 1. and 2. and (b) 1., 10.53 (6) (a) 1. to 4., 10.655 (1) (a), 10.655 (3) and (4), 10.82 (3) (c), 12.06 (1m) (bc) and (1s) (c); to renumber ATCP 10.01 (71) (c) 1. to 7., 12.01 (20) (c) 1. to 7., 12.04 (2) (b), 12.05 (1) (b); to renumber and amend ATCP 10.01 (71) (b), 10.46 (5) (b) 2., 10.46 (11) (d), 10.46 (12) (a), 10.48 (1) (c), 10.48 (1) (d), 10.52 (1m) (a) 2., 10.55 (3) (e), 10.56 (1) (a) 2., 10.82 (4) (b), 12.01 (11m), 12.01 (20) (b), 12.05 (2) (b); to consolidate, renumber and amend ATCP 10.13 (6) (a) (intro.) and 1., 10.22 (5) (b) 4. (intro.) and (a), 10.48 (6) (b) (intro.) and 1., to amend ATCP 10.01 (5), (8), (17) (a), (42), (45), (59), 10.01 (71) (c), 10.01 (71) (f) (g) 3., 10.01 (71) (h) 2., (90), (101), and (106) (a), 10.03 (3), 10.06 (3) (a), (4) (intro.) and (j) and (5), 10.07 (4) (title), (a) (intro.) and 3., (b), (c) (intro.) and (d), 10.13 (1) (a) (intro.) and 2., 10.13 (3) and Note, (5), (6) (a), 10.13 (6) (c), 10.21 (1) (a) (intro.), (2) (a) (intro.) and 1., and (b) 1., 10.22 (1) (b) 2. and Note, (2) (b) 4., 10.22 (9) (title) and (a) and Note, (b) and Note, (c) (intro.) and 3., (d), (e) (intro.) and 2. and 3., 10.22 (10) (c), 10.30 (1) (b) 2. and Note, (2) (b) 2., (3) (b) 2., (4) (b) 2., and (6) (b) 2., 10.31 (1) (intro.) and (a), (2) (a) 1. and 3. and (b), 10.35, (1) (a), 10.36 (3), 10.37 (3) (c), 10.40 (1) (intro.), 10.46 (4) (a) and (b) 2., 10.46 (5) (a)., 10.46 (5) (b) 3., (6) (c) 4., (f) Note, (7) (b), (10) (a) (intro.) and 1., 3., 4. and 5., 10.46 (10) (b) (intro.) and 1., 10.46 (10) (c) 3., 10.46 (11) (c), 10.46 (12) (b) and (c) and (13) Note, 10.47 (title), 10.47 (2) (b), 10.47 (3) (title), (a) and Note and (b) (intro.) and 2., 5. and 6. Note, 10.47 (3) (c), 10.47 (3m) (intro.) and (c), 10.47 (4) (intro.) and (4m), 10.47 (6), 10.47 (7) (intro.) and (b) (intro.) and 2., 10.47 (8) (intro.), 10.48 (1) (title), (a) (intro.) and 2., 10.48 (4) and Note, and (5), 10.48 (6) (c) and (d), 10.52 (1m) (a) 1., 10.52 (1m) (a) 2. Note and (b) 1. to 3., 10.52 (7), 10.52 (8) (c) Note, 10.53 (2) (c), 10.53 (2) (e) Note, 10.53 (4) (b) 2., 10.53 (6) (a) (intro.), 10.53 (6) (b) 2. to 4., 10.53 (7) (a) 5., 10.53 (10) (a) 2. b., 10.54 (1) (a) (intro.) and (am), 10.54 (2) (a) and (b) 1., 10.55 (3) (d) Note, 10.56 (3) (f) 1. and 4., 10.58 (1) (b), 10.61 (2) (i) 3. Note, 10.61 (7) (e), 10.62 (7) (intro.) and (a), 10.655 (1) (b), 10.69 (2) (d), 10.74 (1) and Note and (2), 10.76 (1) (b) 4., 10.80 (1) (intro.), 10.87 (1) (b), 10.87 (3) (b) 1., 10.87 (6) (a), 10.91 (1) (intro.), ch. ATCP 10, Appendix B, 12.01 (1g), (8y), 12.01 (20) (c) (intro.), 12.01 (20) (f) and (g) 3., 12.01 (20) (h) 2. and (25), 12.02 (1m) (intro.), 12.02 (3) (c), (d), and (f), 12.03 (2) (b) and (4) (d), 12.04 (9) (a) and (b), 12.05 (1) (a), 12.05 (2) (a), 12.05 (2) (b) second Note, 12.08 (10); to repeal and recreate ATCP 10.13 (1) (b), 10.52 (1m) (b) 4., 10.655 (2); to create ATCP 10.01 (71) (b) 2., 10.01 (71) (c) 2. and 3., 10.01 (71) (g) 4., 10.01 (99m), 10.045, 10.055, 10.07 (4m) (am), 10.13 (1m), 10.46 (1) (f), 10.46 (5) (b) 2. b., 10.46 (10) (ak) (am) and (ao), 10.46 (11) (d) 2., 10.46 (12) (a) 2. and (am), 10.52 (1m) (a) 2. a. and b., 10.52 (3) (c) 1m., 10.52 (6m), 10.52 (7m), 10.53 (6) (am), 10.55 (3) (e) 2. and 3., 10.56 (1) (a) 2. a. and b. and 3., 10.61 (7) (f), 10.80 (3), 10.82 (4) (b) 2., 10.86, Chapter ATCP 12 Note (2), 12.01 (11m) (a), 12.01 (20) (b) 2., 12.01 (20) (c) 2. and 3., 12.01 (20) (g) 4., 12.01 (26m), 12.02 (7) (i), 12.03 (8) (i), 12.04 (2) (b) 2., 12.05 (1) (b) 2., 12.05 (2) (b) 2., 12.08 (27), and 12.09, relating to animal disease control and animal movement, and animal markets, dealers and truckers, and affecting small business. ______________________________________________________________________________
Analysis Prepared by the Department
of Agriculture, Trade and Consumer Protection
This proposed rule will modify current animal health rules to provide for flexibility, clarity and consistency.
Statutes Interpreted
Statutes interpreted: ss. 93.07, 95.20, 95.22, 95.31, 95.45, 95.55, 95.60 95.65, 95.68, 95.69, 95.71, and 95.715 Stats. Statutory Authority
Statutory authority: ss. 93.07 (1), (2) and (10), 93.15 (1), (2) and (3), 95.20, 95.22, 95.38 (3), 95.42, 95.43 (1) and (2), 95.45 (4) (c), 95.55 (6), and 95.60 (3) and (4s), 95.68 (8), 95.69 (8) and 95.71 (8), and 95.715 (2) (d), Stats. Explanation of Statutory Authority
The Department of Agriculture, Trade and Consumer Protection (DATCP) has broad authority to promulgate rules for the proper enforcement of its programs under s. 93.07 (1) and (10), Stats.
DATCP has broad authority under s. 95.20, Stats., to prohibit or regulate the importing of animals into this state or the movement of animals if there are reasonable grounds to believe it is necessary to prevent the introduction or spread of disease in this state. DATCP has specific rulemaking authority on reporting animal diseases under s. 95.22 (2), certificates of veterinary inspection under s. 95.45 (4) (c), Stats., regulation of the farm-raised deer industry under s. 95.55 (6), Stats., regulation of fish farms under s. 95.60 (3) and (4s), regulation of animal markets under s. 95.68 (8), regulation of animal dealers under s. 95.69 (8), regulation of animal truckers under s. 95.71 (8), and regulation of feed lots under s. 95.715 (2) (d), Stats. DATCP makes and enforces these rules, through its Division of Animal Health (Division) Related Statutes and Rules
The Department of Natural Resources (DNR) has statutes and rules that are closely related to some of the program areas in DATCP. Section NR 16.45, Wisconsin Administrative Code, establishes fencing requirements and harvest plan requirements for keepers of farm-raised deer that are white-tailed deer. Section 29.87, Stats., establishes guidelines by which the DNR may dispose of escaped farm-raised deer. Section 29.735, Stats., establishes requirements for importation of fish other than health requirements and section 29.736, Stats., establishes requirements for the stocking of fish into waters of the state, other than health requirements. Plain Language Analysis
The proposed rule makes the following modifications to provide for flexibility, clarity and consistency:
1. Definitions and terms.
Replacing the phrase, “buying or selling” with “trading in” under the definition of animal market to match the statutory definition under s. 95.68 (1) (ag), Stats. Adding a definition of “trading in livestock or wild animals” to clarify that animal markets trade, buy, sell or swap livestock or wild animals.
Changing the spelling of “feedlot” to “feed lot” to match statutory language.
Modifying the definition of “Brucellosis and Tuberculosis uniform methods and rules” and “Johne’s disease national program standards” to clarify that official individual identification requirements of any animal tested for these diseases must meet the requirements specified under ch. ATCP 10 and not the identification requirements specified under the uniform methods and rules or national program standards. Changing the definition of “farm-raised deer” under ch. ATCP 10 to match the definition of “farm-raised deer” under ch. ATCP 12. Changing the term, “federally approved livestock import market,” to “federally approved livestock marketing facility.”
Changing the definition of “individual” under ch. ATCP 12 to match the definition of “individual” under ch. ATCP 10. Modifying the definition of “official individual identification” to allow additional forms of official individual identification to be used for farm-raised deer, equine, swine, and goats and sheep to align with federal rule definitions.
Modifying the definition of “slaughtering establishment” under ch. ATCP 10 to match the definition of “slaughtering establishment” under ch. ATCP 12. Repealing the definition of “tuberculosis non-modified accredited state” as the term is not used throughout ch. ATCP 10. 2. Disease testing/reporting.
Current rule requires the reporting of certain diseases to DATCP within specified timelines. The proposed rule requires the reported information include the species, age, sex and breed of the animal afflicted with the disease, the address of the farm where the afflicted animal is located, and the premises code, if any.
3. Official individual identification.
Current rule specifies approved individuals who may apply official individual identification to animals for different purposes and requires these individuals to keep a record of any identification that has been applied. These requirements are interspersed throughout the rule under specific subsections.
The proposed rule makes these identification requirements more transparent by creating a general section relating to the application and record keeping requirements for those authorized to obtain and apply official individual identification. The proposed rule makes the identification requirements and record keeping requirements consistent throughout the rule. The proposed rule also clarifies throughout the rule that official individual identification does not need to be applied if all required individual identification is already applied to the animal.
4. Tuberculosis testing and control.
Current rule specifies tuberculosis testing requirements, including who may perform tests, test result reporting and movement restrictions, under sections relating to bovine animals and farm-raised deer. The proposed rule creates a general tuberculosis testing and control section that pertains to any animal being tested for the disease and updates the tuberculosis provisions of bovine animals and farm-raised deer, for consistency of all required tuberculosis information.
The proposed rule requires a person who performs a caudal fold tuberculin test on an animal, or collects a sample for any other tuberculosis test on an animal, to complete DATCP-approved training on tuberculosis testing or sample collection within 5 years prior to the test date.
The proposed rule deletes the requirement that a premises be cleaned and disinfected after an animal has been identified as a tuberculosis reactor. Cleaning and disinfecting should be done after tuberculosis has been confirmed in an animal identified as a reactor in accordance with the federal Tuberculosis Uniform Methods and Rules.
The proposed rule makes consistent (according to the Federal Tuberculosis Uniform Methods and Rules) the number of days the department may for good cause extend a deadline (15 days) for sending an animal that is a tuberculosis reactor to slaughter.
5. Bovine import tuberculosis requirements.
Current rule requires any bovine animal imported into Wisconsin to test negative on a pre-import tuberculosis test, with some exceptions, including that the bovine originates from an accredited tuberculosis-free state or nation that accepts bovine animals from Wisconsin without a prior tuberculosis test. The proposed rule allows bovine animals from an accredited tuberculosis-free state or nation to be imported without a prior tuberculosis test, regardless of whether that state or nation requires a tuberculosis test from Wisconsin animals being imported to that state or nation.
6. Certificates of veterinary inspection (CVI).
Current rule allows a CVI to be issued on a form provided or approved by DATCP, the United States Department of Agriculture (USDA) federal bureau, or the state in which the certificate is issued. The proposed rule only allows the CVI to be on a form provided or approved by DATCP. DATCP will provide, on its web site, a list of CVI forms it has not approved.
Current rule requires certain information to be provided on a CVI. The proposed rule clarifies that this information needs to be verified as accurate by the veterinarian issuing the CVI.
Current rule states that a CVI is valid for 30 days from the date of inspection, unless additional import requirements must be met and the state veterinarian establishes a different expiration date. No person, receiving a notice of additional import requirements, may import an animal into Wisconsin without meeting those requirements. The proposed rule extends this authority to movement of animals in Wisconsin, allowing the state veterinarian to specify a different expiration date for the CVI if the state veterinarian determines, based on an epidemiological evaluation of current disease risks in a herd or place of origin, that a different expiration date is necessary.
7. Federally approved livestock marketing facility.
Current rule uses the term, “federally approved livestock import market.” The proposed rule updates the term with “federally approved livestock marketing facility” throughout chs. ATCP 10 and 12. The proposed rule also allows a federally approved livestock marketing facility to be a federally approved tagging site if that facility meets certain requirements and has an agreement with the USDA federal bureau.
8. Application information.
Current rule requires applicants, for a permit to have an approved import feed lot, intermediate livestock handling facility, or foreign equine import quarantine station, to provide the location of the facility by county, town, section and sometimes fire number. The proposed rule requires applicants to provide the facility’s location by address and county, or if the address is not available, the county, town, and section.
9. Slaughter swine identification.
Current rule requires swine going to slaughter to be identified with an official swine backtag or other approved slaughter identification, unless the swine already bears an official individual identification or slaughter identification. The proposed rule allows the use of premises identification number (PIN) eartag as an approved form of slaughter identification for swine.
10. Equine infectious anemia.
Current rule requires any equine animal that is purchased, sold or transferred in ownership to test negative for equine infectious anemia within 12 months. The proposed rule clarifies that the equine animal must test negative for equine infectious anemia within 12 months, from the date the blood was drawn for the test to the date of purchase, sale or transfer.
11. Farm-raised deer (FRD).
Commingling with bovine animals. Current rule allows FRD to commingle with bovine animals on the same premises or in the same building, enclosure or vehicle so long as neither is moved off the premises, except to slaughter. The proposed rule clarifies this provision so that FRD may be kept on the same premises as bovine animals, without having to go to slaughter, if the two species are medically separated. The Division of Animal Health (Division) must inspect the location to determine whether the herds are medically separated, before the FRD herd is registered and, per current rule, the FRD keeper (FRDK) must pay an inspection fee of $200 for each day needed to complete the inspection. No inspection is required for the renewal of an existing herd registration once the Division has previously inspected the herd premises.
Single registered herd kept at two or more locations. Current rule allows a single registered herd to be kept at two or more locations so long as the entire herd, and all herd locations, are actively enrolled in the chronic wasting disease herd status program. This allows a FRDK to move FRD between locations, without a CVI, as long as each of the deer have two individual identifications, one official and the other either official or unique to the herd, and the registrant keeps a record of the movement. The proposed rule provides for additional flexibility by allowing the single registered herd, kept at two or more locations, be either actively enrolled in the Chronic Wasting Disease (CWD) Herd Status Program (HSP) or not enrolled in the program at all. Regardless of the herd’s enrollment, the deer must still have two individual identifications as described above and the registrant must keep a record of deer movement. The proposed rule adds that the name and address of the person who move any of the deer, if other than the owner, be included in the record of movement, consistent with other FRD movement requirements listed elsewhere in ch. ATCP 10. For further information, see the Record-keeping requirements summary below. Separately registered herds kept at the same location and not medically separated. Current rule allows FRD from two or more herds, covered by separate registration certificates, to be kept at the same location. If the FRD are not in medically separated herds, the deer are collectively treated as a single herd for purposes of disease control and movement. The deer may be moved between any of the herd locations identified in any of the herd registration certificates as long as all of the herds, and all herd locations, are actively enrolled in the CWD HSP program and each of the deer are identified with two individual identifications, one official and the other either official or unique to the herd. The proposed rule provides for additional flexibility by allowing that all of the herds, and all herd locations, be either actively enrolled in the CWD HSP program or not enrolled in the program at all. Regardless of the herd’s enrollment, each of the deer must still have two individual identifications as described above. The proposed rule also clarifies that deer movement may occur without a CVI if the registrant keeps a record of deer movement that includes the two individual identifications of the deer; the species, age, and sex of the deer; the date of movement; the name and address of the person who had custody of the deer during movement, if other than the owner; and the registration numbers of the herd from which, and to which, the deer was moved. The proposed rule specifies this record of movement information in this section be consistent with other FRD movement requirements listed elsewhere in ch. ATCP 10. For further information, see the Record-keeping requirements summary below. Record keeping requirements. Current rule specifies record keeping requirements regarding deer movement, including escapes and slaughter, under various sections of ch. ATCP 10. Some of the information varies slightly depending on where it is referenced in the rule. The proposed rule makes all record keeping requirements regarding FRD movement consistent throughout the rule. The proposed rule also requires that a record be kept regarding each known natural addition to the herd, including the month and year of birth, and sex of the deer, if determined. Escaped FRD. Current rule specifies record keeping requirements for escaped FRD throughout ch. ATCP 10. The proposed rule makes all record keeping requirements for escaped deer consistent throughout the rule. The proposed rule also clarifies that it is the FRDK’s responsibility to test any deer that escapes from the FRDK’s herd for chronic wasting disease. The proposed rule expands the number of hours that may elapse from the time a deer escapes from a herd to the time it is returned, from 72 to 120, before the herd loses any tuberculosis or brucellosis certification or CWD herd status. This provision does not apply to deer that escape from a herd in a wild deer disease control area. These deer continue to be required to be returned to the herd within 24 hours after the escape. FRD hunting preserves. Current rule uses the term “hunting preserve.” The proposed rule changes that term to “hunting ranch” to more accurately describe the facility.
The proposed rule also eliminates the requirement that an applicant for a hunting ranch certificate provide a list showing, for each FRD on the hunting premises that bears any attached or implanted identification, each type of identification and each associated identification number that the FRD bears.
Current rule requires all non-natural additions to a hunting ranch have one visible official identification (eartag) and one microchip implanted at the base of the ear or tail of the deer. The proposed rule makes FRD identification consistent with requirements throughout the rule by requiring these deer to have two individual identifications, one official and the other either official or unique to the herd. One of these identifications must be visible. A microchip is no longer required to be used, but may be used as an official individual identification if it is federal bureau and DATCP approved, or as an identification that is unique to the herd.
Current rule requires any person that holds a hunting preserve certificate to keep records, including the name and address of the person who collected the test sample for chronic wasting disease. The proposed rule eliminates the requirement that the name and address of the person who collected the test sample for chronic wasting disease be recorded.
CWD testing. Current rule specifies CWD testing requirements for FRD herds enrolled in the CWD herd status program and for herds that are not enrolled in the program.
Current rule requires a FRDK, whose herd is enrolled in the CWD HSP, to have a CWD test performed on each (100%) of the following deer that are at least 12 months of age:
• A FRD that dies or is killed while kept by that person.
• A FRD that the person ships directly to a slaughtering establishment.
The proposed rule clarifies that escaped deer that die or are killed must be tested for CWD, as such testing is required elsewhere in the rule for escaped deer.
