Chapter ATCP 10

ATCP 10.84   Wild animal imports.

ATCP 10.85   South American camelids; imports.

ATCP 10.86   Elephant imports.

Subchapter XII — Fairs and Exhibitions

ATCP 10.87   Fairs and exhibitions.

Subchapter XIII — Enforcement

ATCP 10.89   Quarantines.

ATCP 10.91   Destruction or removal of animals illegally moved.

ATCP 10.92   Prohibited conduct.

ATCP 10.93   Waiver.

Ch. ATCP 10 Note Note: Chapter Ag 10 as it existed on December 31, 1990 was repealed and a new ch. Ag 10 was created effective January 1, 1991; Chapter Ag 10 was renumbered ch. ATCP 10 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448. Chapter ATCP 10 as it existed on September 30, 2006 was repealed and a new chapter ATCP 10 was created Register September 2006 No. 609, effective 10-1-06.

Ch. ATCP 10 Note Note: The Wisconsin department of agriculture, trade and consumer protection has adopted this chapter to interpret portions of ch. 95, Stats. Violations of this chapter may, among other things, subject the violator to penalties and remedies provided in s. 95.99, Stats. Nothing in this chapter constitutes a warranty, by the state of Wisconsin or the department, related to the health status of any animal.

Ch. ATCP 10 Note Forms requests and communications related to this chapter may be directed to any of the following addresses, except where this chapter specifies a different address:

Ch. ATCP 10 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
Phone: [phone]
Fax: [phone]
http://datcp.wi.gov

subch. I of ch. ATCP 10 Subchapter I — Definitions and General Provisions

ATCP 10.01 ATCP 10.01 Definitions. In this chapter:

ATCP 10.01(1) (1) “Accredited tuberculosis-free herd” means a herd of bovine animals, farm-raised deer, or goats that is certified as tuberculosis-free by one of the following:

ATCP 10.01(1)(a) (a) The department under s. ATCP 10.14, 10.49, or 10.74.

ATCP 10.01(1)(b) (b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.14, 10.49, or 10.74.

ATCP 10.01(2) (2) “Accredited veterinarian” means a veterinarian who is both of the following:

ATCP 10.01(2)(a) (a) Licensed to practice veterinary medicine.

ATCP 10.01(2)(b) (b) Specifically authorized by the federal bureau and responsible state agency, pursuant to 9 CFR 160 to 162, to perform animal disease eradication and control functions under state and federal animal health laws.

ATCP 10.01 Note Note: Under s. ATCP 10.05, a veterinarian who performs animal disease control and eradication functions in Wisconsin must be accredited by the federal bureau and certified by the department.

ATCP 10.01(3) (3) “Animal dealer” means a person who is required to be licensed under s. ATCP 12.03 (1).

ATCP 10.01(4) (4) “Animal dealer premises” means any real property, owned or controlled by an animal dealer, at which the animal dealer keeps, exhibits, or receives livestock or wild animals, or from which the animal dealer ships livestock or wild animals.

ATCP 10.01(5) (5) “Animal market” means any premises that are open to the public for the purpose of trading in livestock or wild animals, and that have facilities to keep, feed, and water livestock or wild animals prior to sale, that is required to be licensed under s. ATCP 12.02 (1).

ATCP 10.01(6) (6) “Animal trucker” means a person who is required to be licensed under s. ATCP 12.04 (1).

ATCP 10.01(7) (7) “Approved equine quarantine station” means an equine quarantine station for which the department has issued a current annual permit under s. ATCP 10.37 (3).

ATCP 10.01(8) (8) “Approved import feed lot” means a feed lot for which the department has issued a permit under s. ATCP 10.22 (9).

ATCP 10.01(9) (9) “Axillary tuberculosis test” means a test that is used to detect tuberculosis in South American camelids.

ATCP 10.01(10) (10) “Bison” means American bison of any age or sex, commonly known as buffalo.

ATCP 10.01(11) (11) “Boar” means an uncastrated male swine that is sexually mature.

ATCP 10.01(12) (12) “Bovine animal” means domestic cattle (Bos sp.) and American bison of any age or sex.

ATCP 10.01(13) (13) “Breeder swine” means all of the following:

ATCP 10.01(13)(a) (a) Sexually intact swine 4 months of age or older.

ATCP 10.01(13)(b) (b) Swine intended for breeding, regardless of the age of the swine.

ATCP 10.01(14) (14) “Brucellosis” means the contagious, infectious, and communicable disease caused by bacteria of the genus Brucella.

ATCP 10.01 Note Note: Brucellosis is also known as Bang’s disease, undulant fever, and contagious abortion. Brucellosis is transmissible to a variety of species including bovine animals, swine, cervids, and humans.

ATCP 10.01(15) (15) “Brucellosis monitored herd” means a herd of farm-raised deer that is certified as a brucellosis monitored herd by one of the following:

ATCP 10.01(15)(a) (a) The department under s. ATCP 10.51.

ATCP 10.01(15)(b) (b) The authorized animal health agency in the state where the herd is located, under standards equivalent to s. ATCP 10.51.

ATCP 10.01(16) (16) “Brucellosis test” means a test, approved by the federal bureau and the department, which is used to determine whether an animal is infected with brucellosis.

ATCP 10.01(17) (17) “Brucellosis uniform methods and rules” means:

ATCP 10.01(17)(a) (a) Except as provided in par. (b) or (c), the uniform methods and rules for the national brucellosis eradication program, as published in federal bureau publication 91-45-013 (October 1, 2003). Notwithstanding this paragraph and pars. (b) and (c), all official individual identification for all species is specified under sub. (71).

ATCP 10.01(17)(b) (b) In the case of swine, the uniform methods and rules for the national swine brucellosis control and eradication program, as published in federal bureau publication 91-55-042 (April, 1998).

ATCP 10.01(17)(c) (c) In the case of farm-raised deer, the uniform methods and rules for the national brucellosis in cervids program, as published in federal bureau publication 91-45-16 (September 30, 2003).

ATCP 10.01 Note Note: The brucellosis uniform methods and rules 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 also 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(18) (18) “Bull” means an uncastrated sexually mature male bovine animal.

ATCP 10.01(19) (19) “Calf” means a sexually immature bovine animal of either sex.

ATCP 10.01(20) (20) “Cattle” means any of the various animals of the domesticated genus Bos.

ATCP 10.01(21) (21) “Certificate of veterinary inspection” means a written certificate that complies with s. ATCP 10.06.

ATCP 10.01(22) (22) “Certified brucellosa ovis-free flock” means a flock of sheep that is certified by one of the following:

ATCP 10.01(22)(a) (a) The department under s. ATCP 10.68.

ATCP 10.01(22)(b) (b) The authorized animal health agency in the state where the flock is located, under standards equivalent to those in s. ATCP 10.68.

ATCP 10.01(23) (23) “Certified brucellosis-free herd” means a herd of cattle, farm-raised deer, or goats that is certified as brucellosis-free by one of the following:

ATCP 10.01(23)(a) (a) The department under s. ATCP 10.12, 10.51, or 10.73.

ATCP 10.01(23)(b) (b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.12, 10.51, or 10.73.

ATCP 10.01(24) (24) “Cervid” means a member of the family of animals that includes deer, elk, moose, caribou, reindeer, and the subfamily musk deer. “Cervid” includes all farm-raised deer.

ATCP 10.01(25) (25) “Chronic wasting disease” means the transmissible, contagious, infectious, and communicable disease in cervids caused by infectious proteins known as abnormal prions.

ATCP 10.01(26) (26) “Chronic wasting disease test” means the immunohistochemistry (IHC) test, or another chronic wasting disease diagnostic test approved by the federal bureau and the department, used to determine whether an animal is infected with chronic wasting disease, and performed at a laboratory approved by the department or the federal bureau.

ATCP 10.01(27m) (27m) “Commercial swine” means a domestic hog but does not include members of the family suidae included under s. NR 16.11 (3).

ATCP 10.01(28) (28) “Commingle” means to cause or permit any of the following:

ATCP 10.01(28)(a) (a) Direct contact with other animals.

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.