The entities that may be affected by this rule modification include veterinarians and swine producers. To assist veterinarians in this process, sample herd plans will be provided.
Environmental Impact
This rule does not have an environmental impact.
Standards Incorporated by Reference
None.
Department Contact
Loretta Slauson, Program and Planning Analyst
Department of Agriculture, Trade and Consumer Protection
P. O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-4890
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Section 1. ATCP 10.291 is created to read:
ATCP 10.291 Swine porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus: testing and control. (1) WHO MAY COLLECT TEST SAMPLE. A person who collects a porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus test sample, for purposes of this chapter or ch. ATCP 12, shall be one of the following: (a) An accredited veterinarian and, if the accredited veterinarian collects the test sample from swine in this state, a Wisconsin certified veterinarian.
(b) A person working under the direction of a veterinarian under par. (a), provided that the veterinarian submits the sample for testing.
(c) An authorized employee or agent of the department or the federal bureau.
(2) TEST PROCEDURE. A test and test strategy used to determine whether the porcine reproductive and respiratory syndrome and the porcine epidemic diarrhea virus is in the herd of origin shall be approved by the department and shall provide 90% confidence that the disease would be identified if present at 30% prevalence in the herd, as follows:
(a) For herds with less than 30 swine, one pooled sample of at least five swine or total number of swine available if less than five, must be collected and tested.
(b) For herds with 30 or more swine, three pooled samples of at least five swine must be collected and tested.
Note: Testing for both porcine reproductive and respiratory syndrome and the porcine epidemic diarrhea virus can be done by hanging a cotton rope from a rope test kit in a group of swine to collect a pooled sample of those swine.
(3) REPORTING TEST RESULTS. A person under sub. (1) who collects porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus samples from swine in this state shall report any positive test results to the department and the swine owner.
(4) QUARANTINE. (a) The department may quarantine swine whenever the department reasonably suspects that the swine may be infected with or exposed to the porcine reproductive and respiratory syndrome or the porcine epidemic diarrhea virus. The department may quarantine all swine located on the premises. The quarantine shall comply with s. ATCP 10.89. (b) The department may release a quarantine under par. (a) if a herd plan under par. (5) is completed by a Wisconsin certified, accredited, licensed veterinarian on behalf of the swine owner and the plan is approved by the department.
(5) HERD PLAN. A herd plan is an agreement, between the department and an owner of swine, for the control of the porcine reproductive and respiratory syndrome and the porcine epidemic diarrhea virus. The goal of the herd plan is to bring the herd to negative from both diseases and limit the spread of the diseases. A herd plan shall be developed by a Wisconsin certified, accredited, licensed veterinarian on behalf of the swine owner, establish testing protocols relating to porcine reproductive and respiratory syndrome or porcine epidemic diarrhea virus, or both, as appropriate, establish notification requirements of at risk farms, establish biosecurity requirements, and shall be broken down into separate production categories that need to be managed.
SECTION 2. ATCP 10.30 (1) (a) 3. is repealed and recreated to read:
ATCP 10.30 (1) (a) 3. a. For breeder swine, a report of a negative porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus test from the swine’s herd of origin conducted within 90 days prior to movement into Wisconsin and a statement from the veterinarian that there are no clinical signs of the porcine reproductive and respiratory syndrome and the porcine epidemic diarrhea virus at the time of inspection.
b. For commercial swine purchased or obtained from a commingled auction, sale, or exhibition, a report of a negative porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus test from the swine’s herd of origin conducted within 90 days prior to movement into Wisconsin; a statement from the event’s veterinarian that all the swine commingled at the auction, sale, or exhibition had a negative porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus test from their respective herds of origin conducted within 90 days prior to movement to the auction, sale, or exhibition; and a statement from the event’s veterinarian that there are no clinical signs of the porcine reproductive and respiratory syndrome and the porcine epidemic diarrhea virus at the time of inspection.
c. For commercial swine imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4), for purposes other than slaughter, a report of a negative porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus test from the swine’s herd of origin conducted within 90 days prior to movement into Wisconsin and a statement from the veterinarian that there are no clinical signs of the porcine reproductive and respiratory syndrome and the porcine epidemic diarrhea virus at the time of inspection. d. Except as specified under subpars. a., b. and c., for all other commercial swine, a statement from the veterinarian stating that the porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus status of the herd of origin is negative.
NOTE: A person who imports breeder swine and commercial swine that do not meet the requirements under subpars. a., b., and d. must get an import permit from the department. The imported swine, swine herd on the premises, or both will be quarantined by the department until a herd plan is approved by the department. See sub. (2) (a) and (d) 2. and s. ATCP 10.291(5). The department may not issue an import permit for swine that do not meet the requirements under subpar. d., thus an approved livestock marketing facility may not accept swine that do not meet the disease testing requirements. SECTION 3. ATCP 10.30 (1) (a) 3m. is repealed.
SECTION 4. ATCP 10.30 (1) (b) 2. is amended to read:
ATCP 10.30 (1) (b) 2. Commercial swine imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4), if all swine on the market premises the day of the sale are shipped directly to slaughter. SECTION 5. ATCP 10.30 (2) (b) 2. and 3. are amended to read:
ATCP 10.30 (2) (b) 2. Commercial swine imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4), if all swine on the market premises the day of the sale are shipped directly to slaughter. 3. Commercial swine originating from a state designated as a pseudorabies stage IV or V state by the federal bureau and meeting the requirements under sub. (1) (a) 3. a., b. or d.
SECTION 6. ATCP 10.30 (2) (b) 3. (Note) is created to read:
ATCP 10.30 (2) (b) 3. NOTE: The importer of commercial and breeder swine that do not meet the requirements under sub. (1) (a) 3. a., b. or d., must get an import permit from the department. The imported swine will be quarantined by the department until a herd plan is approved by the department. The swine herd on the premises may also be quarantined. See sub. (2) (a) and (d) 2. and s. ATCP 10.291(5). Swine that do not meet the requirements under sub. (1) (a) 3. c. may not be imported to Wisconsin. See sub. (2) (d) 2. SECTION 7. ATCP 10.30 (2) (b) 5. is created to read:
ATCP 10.30 (2) (b) 5. Swine under sub. (1) (b) 3. and 4.
SECTION 8. ATCP 10.30 (2) (d) is amended to read:
ATCP 10.30 (2) (d) Herd plan. 1. The department may not issue an import permit under par. (a) for animals originating from a state designated as a pseudorabies stage I or II state by the federal bureau unless if the person receiving the import shipment has entered into a herd plan with the department.
2. The department may issue an import permit under par. (a) for animals that do not meet the requirements under sub. (1) (a) 3. a., b. or d. The department shall quarantine the imported shipment of swine or the swine herd on the premises, or both until a herd plan under s. ATCP 10.291 (5) is approved by the department. The department may not issue an import permit for animals that do not meet the requirements under sub. (1) (a) 3. c. SECTION 9. ATCP 10.32 (1) (intro.) and (a) and (b) are renumbered 10.32 (1) (a) (intro.) and 1. and 2., and as renumbered, 10.32 (1) (a) (intro.) is amended to read:
ATCP 10.32 (1) (a) (intro.) Pseudorabies test required. Except as provided in sub. (2) par. (b), no person may move commercial swine within this state unless all of the following apply:
SECTION 10. ATCP 10.32 (2) (intro.) and (a) to (e) are renumbered 10.32 (1) (b) (intro.) and 1. to 5., and as renumbered, 10.32 (1) (b) (intro.) and 4. are amended to read:
ATCP 10.32 (1) (b) (intro.) Exemptions. Subsection (1) Paragraph (a) does not apply if any of the following apply:
4. The swine are moved to the premises of an animal dealer or animal market operator who complies with the testing requirement under sub. (1) par. (a) before the swine are moved from those premises.
SECTION 11. ATCP 10.32 (2) is created to read:
ATCP 10.32 (2) (a) Porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus test required. 1. Except as provided in par. (b), no person may move commercial swine within this state unless the herd of origin has tested negative on a porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus test conducted not more than 90 days prior to the intrastate movement and documentation of the negative test reports are made available to the department upon request.
2. If the swine’s herd of origin tests positive for either the porcine reproductive and respiratory syndrome or the porcine epidemic diarrhea virus under par. (a), the department shall quarantine the herd of origin and follow the procedures under ss. ATCP 10.291 (4) and (5) before any swine may be moved from the premises. 3. If commercial exhibition swine originate from Wisconsin and return to Wisconsin after an exhibition in another state, the exhibitor must notify the department of the movement before returning to Wisconsin. The department shall quarantine the returning swine, herd of origin, or both and follow the procedures under ss. ATCP 10.291 (4) and (5) before any swine may be moved from the premises. (b) Exemption: Par. (a) does not apply if any of the following apply:
1. The swine are moved directly to a slaughtering establishment for slaughter.
2. The swine are moved to one fair or exhibition under s. ATCP 10.87 prior to slaughter. SECTION 12. Effective date. This rule takes effect on the first day of the first month commencing after the date of publication.
