Chapter ATCP 10

ATCP 10.01(28)(b) (b) Unprotected contact with the same facilities, equipment, individuals, or environment contacted by other animals, under circumstances where that unprotected contact may spread disease.

ATCP 10.01(28)(c) (c) In the case of fish or fish eggs, contact with other fish or fish eggs or with the same water in which those other fish or fish eggs have been kept.

ATCP 10.01(29) (29) “Communicable” means transmissible either directly or indirectly.

ATCP 10.01(30) (30) “Contagious” means spread by contact, body secretions, or fomites.

ATCP 10.01(31) (31) “Cow” means a female bovine animal after first calving.

ATCP 10.01(31m) (31m) “DHIA Technician” means a person approved by a service affiliate of the dairy herd improvement association to certify dairy farm production information.

ATCP 10.01(32) (32) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection. “Department” may include an authorized agent of the department.

ATCP 10.01(32m) (32m) “Direct supervision of a veterinarian” means supervision in which the veterinarian is immediately available to continually coordinate, direct, and personally inspect the practice of the person being supervised.

ATCP 10.01(33) (33) “Equine animal” means a horse, mule, zebra, donkey, or ass.

ATCP 10.01(34) (34) “Equine infectious anemia” means the contagious and infectious disease of equine animals caused by a non-oncogenic retrovirus.

ATCP 10.01 Note Note: Equine infectious anemia is also known as EIA or swamp fever.

ATCP 10.01(35) (35) “Equine infectious anemia test” means a test approved by the department, and conducted at a laboratory approved by the department or the federal bureau, to determine whether an animal is infected with equine infectious anemia.

ATCP 10.01(36) (36) “Equine market” means an animal market that is open to the public solely for the purpose of trading in equine animals.

ATCP 10.01(37) (37) “Exhibition” means an organized fair, swap meet, rodeo, trail ride, show, or other organized event at which animals owned by different persons are brought together from different premises and exhibited on the same premises. “Exhibition” does not include any of the following:

ATCP 10.01(37)(a) (a) An animal market.

ATCP 10.01(37)(b) (b) An exhibition operated by an institution accredited by the association of zoos and aquariums.

ATCP 10.01(37)(c) (c) A wild animal exhibition operated pursuant to a permit from the Wisconsin department of natural resources.

ATCP 10.01(38) (38) “Exotic disease” means any communicable, contagious, or infectious disease not known to exist in livestock, fish, or poultry in Wisconsin.

ATCP 10.01(39) (39) “Exotic ruminant” means a ruminant not indigenous to Wisconsin. “Exotic ruminant” does not include domestic bovine animals, bison, cervids, alpacas, or llamas.

ATCP 10.01(40) (40) “Exposed” means subjected to a causative agent that may cause the exposed animal to contract a contagious, infectious, or communicable disease.

ATCP 10.01(41) (41) “Fair” means a state, county, or district fair.

ATCP 10.01(42) (42) “Farm-raised deer” has the meaning given in s. 95.001 (1) (ag), Stats., but does not include a cervid kept by an institution accredited by the association of zoos and aquariums.

ATCP 10.01(43) (43) “Farm-raised game bird” means a captive bird of a wild nature that is not native. “Farm-raised game bird” does not include poultry or ratites, or birds kept pursuant to a license issued under s. 169.15, 169.19, 169.20, or 169.21, Stats.

ATCP 10.01 Note Note: The Wisconsin department of natural resources issues licenses under ss. 169.15 (captive wild animal farm licenses), 169.19 (bird hunting preserve licenses), 169.20 (dog training licenses), and 169.21 (dog trial licenses), Stats.

ATCP 10.01(44) (44) “Federal bureau” means the animal and plant health inspection service of USDA, or any other unit of USDA that is vested with authority to administer federal laws and regulations relating to animal disease control.

ATCP 10.01(45) (45) “Federally approved livestock marketing facility” means an animal market that complies with s. ATCP 10.07 (4).

ATCP 10.01(46) (46) “Feeder cattle” means bovine animals, other than dairy class females, kept for the sole purpose of feeding prior to slaughter, which are not more than 18 months old as evidenced by the absence of permanent teeth, and whose sexual status is one of the following:

ATCP 10.01(46)(a) (a) Non-spayed female that is not parturient or post-parturient.

ATCP 10.01(46)(b) (b) Spayed heifer.

ATCP 10.01(46)(c) (c) Steer.

ATCP 10.01(47) (47) “Feeder swine” means swine that weigh 80 pounds or less and are kept for the sole purpose of feeding for slaughter.

ATCP 10.01(48) (48) “Feeder swine pseudorabies monitored herd” means a herd of swine that is certified as a feeder swine pseudorabies monitored herd by one of the following:

ATCP 10.01(48)(a) (a) The department under s. ATCP 10.27 (3).

ATCP 10.01(48)(b) (b) The authorized animal health agency in the state where the herd is located, under standards equivalent to s. ATCP 10.27 (3).

ATCP 10.01(49) (49) “Flock”, as applied to poultry, means any of the following:

ATCP 10.01(49)(a) (a) All poultry on a farm.

ATCP 10.01(49)(b) (b) A subset of poultry, on a farm, which has not commingled with other poultry on that farm for at least 21 days and which is designated as a separate flock by the department.

ATCP 10.01(50) (50) “Flock”, as applied to sheep, means one of the following:

ATCP 10.01(50)(a) (a) A commonly owned or controlled group of sheep that are maintained on common ground.

ATCP 10.01(50)(b) (b) Two or more commonly owned or controlled groups of sheep that are maintained at geographically separate locations, if animals or people move between the locations without taking effective bio-security measures to prevent the spread of disease.

ATCP 10.01(51) (51) “Fomite” means an inanimate object or substance that transfers infectious organisms from one animal to another.

ATCP 10.01(52) (52) “Foreign animal disease” means any communicable, contagious, or infectious disease not known to exist in animals in the United States.

ATCP 10.01(53) (53) “Hatchery” means premises used to hatch poultry or ratites. “Hatchery” includes incubators and setters.

ATCP 10.01(54) (54) “Heifer” means a female bovine animal up to first calving.

ATCP 10.01(55) (55) “Herd” means any of the following:

ATCP 10.01(55)(a) (a) A commonly owned or controlled group of animals that are maintained on common ground.

ATCP 10.01(55)(b) (b) Two or more commonly owned or controlled groups of animals that are maintained at geographically separate locations, if people, animals or equipment move between the locations without taking effective bio-security measures to prevent the spread of disease.

ATCP 10.01(55m) (55m) “Immediate family member,” as used in ch. 95, Stats., and this chapter, means a spouse, grandparent, parent, sibling, child, stepchild, grandchild, or the spouse of a grandparent, parent, sibling, child, stepchild, or grandchild.

ATCP 10.01(56) (56) “Individual” means one of the following, as applicable:

ATCP 10.01(56)(a) (a) When used as a noun, a natural person.

ATCP 10.01(56)(b) (b) When used as an adjective, separate and distinct from all others.

ATCP 10.01(57) (57) “Infectious” means caused by a pathogenic agent.

ATCP 10.01(57m) (57m) “Intermediate livestock handling facility” means an off-premises facility owned or leased by a slaughtering establishment that is licensed by the department or that is subject to inspection by USDA. The “intermediate livestock handling facility” is used to unload and temporarily hold animals before the animals are delivered to the slaughtering establishment.

ATCP 10.01(58) (58) “Johne’s disease” means paratuberculosis, the infectious and communicable disease of domestic ruminants that is caused by Mycobacterium avium, subsp. paratuberculosis.

ATCP 10.01(59) (59) “Johne’s disease national program standards” means the program standards for the national voluntary Johne’s disease control program, as published in federal bureau publication 91-45-016 (September 2010). Notwithstanding this subsection, official individual identification for all species is specified under sub. (71).

ATCP 10.01 Note Note: The Johne’s disease national program standards are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may be obtained by writing to the following address:

ATCP 10.01 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P. O. Box 8911
Madison, WI 53708-8911

ATCP 10.01(60) (60) “Keep farm-raised deer” means to own, rent, or lease farm-raised deer.

ATCP 10.01(61) (61) “Keeper of farm-raised deer” or “farm-raised deer keeper” means a person who keeps farm-raised deer.

ATCP 10.01(62) (62) “Livestock” means bovine animals, equine animals, goats, poultry, sheep, swine other than wild hogs, farm-raised deer, farm-raised game birds, South American camelids, ratites, and fish.

ATCP 10.01 Note Note: This definition of “livestock” applies only for purposes of this chapter. This definition is consistent with the definition in ch. ATCP 17 (livestock premises registration). More limited definitions apply for purposes of ch. ATCP 12 (animal markets, dealers and truckers), ch. ATCP 51 (livestock facility siting), and disease indemnity programs. Disease indemnities for condemned “livestock,” under s. 95.31, Stats., apply to animals of species raised primarily to produce food for human consumption (including farm-raised deer).

ATCP 10.01(63) (63) “Livestock premises code” means the code assigned under s. ATCP 17.02 (7) or, for livestock premises located in another state, an equivalent code assigned by that other state.

ATCP 10.01(63m) (63m) “M-branded” means branded with the letter “M” to signify imported from Mexico.

ATCP 10.01(64) (64) “Mare” means a female equine animal over 731 days of age.

ATCP 10.01(65) (65) “Menagerie animal” means a domestic or non-domestic animal kept as part of a collection of multiple species primarily for purposes of exhibition.

ATCP 10.01(66) (66) “Mycoplasmosis” means a disease of poultry caused by bacteria of the genus Mycoplasma.

ATCP 10.01(67) (67) “National poultry improvement plan” means the national poultry improvement plan and auxiliary provisions dated January 2011, 9 CFR 56, 145, 146, and 147, printed in USDA-APHIS publication 91-55-088.

ATCP 10.01 Note Note: The national poultry improvement plan is on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. The department will provide free copies to Wisconsin flock owners upon request. A flock owner may request a copy by visiting the department website at http://datcp.wi.gov, or by writing to the following address:

ATCP 10.01 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.01(68) (68) “Negative” means an official diagnostic test result that discloses no evidence of disease.

ATCP 10.01(68m) (68m) “Net salvage value” means the salvage value plus any federal indemnities received by the owner.

ATCP 10.01 Note Note: The net salvage value is used to calculate any state indemnities permissible under ss. 95.23 (1m), 95.25 (5), 95.26 (7), 95.27 (4), 95.31, and 95.37, Stats.

ATCP 10.01(69) (69) “Official back tag” means an identification back tag issued or approved by the federal bureau or the department.

ATCP 10.01 Note Note: Examples of official back tags include the official Wisconsin bovine back tag and the official Wisconsin swine back tag.

ATCP 10.01(70) (70) “Official ear tag” means an identification ear tag approved by the federal bureau that bears an official individual identification number meeting the requirements of one of the following:

ATCP 10.01(70)(a) (a) The national uniform ear tagging system developed by the federal bureau in veterinary services memorandum no. 578.12, revised March 15, 2011.

ATCP 10.01 Note Note: A person may obtain a copy of the veterinary services memorandum by calling [phone], by visiting the department website at: https://datcp.wi.gov/Documents/NUESTagMemorandum.pdf, or by writing to the following address:

ATCP 10.01 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708

ATCP 10.01(70)(b) (b) The animal identification number developed by the federal bureau in 9 CFR 86.1 consisting of 15 digits with the first 3 digits of 840.

ATCP 10.01(70)(c) (c) An identification system also approved by the department.

ATCP 10.01(71) (71) “Official individual identification” means a set of identifying characters that is uniquely associated with an individual animal. A specific “official individual identification” and its placement on an animal is differentiated, in part, by animal species, and consists of one of the following:

ATCP 10.01(71)(a) (a) For bovine, an official ear tag attached to the animal.

ATCP 10.01(71)(b) (b) For farm-raised deer, any of the following:

ATCP 10.01(71)(b)1. 1. An official ear tag attached to the animal.

ATCP 10.01(71)(b)2. 2. A federal bureau and department approved microchip implanted in the animal.

ATCP 10.01(71)(c) (c) For equine, any of the following:

ATCP 10.01(71)(c)1. 1. A written or graphic description by a licensed and accredited veterinarian sufficient to identify the individual equine including all of the following:

ATCP 10.01(71)(c)1.a. a. Name.

ATCP 10.01(71)(c)1.b. b. Age.