Chapter ATCP 10

ATCP 10.01(105)(c) (c) A dual path platform test for farm-raised deer that are white-tailed deer, red deer, elk, fallow deer, or reindeer.

ATCP 10.01(105)(d) (d) A post axillary tuberculosis test for camelids.

ATCP 10.01 Note Note: Under s. ATCP 10.82 (3), the department must approve tuberculosis tests used for exotic ruminants.

ATCP 10.01(105)(e) (e) A test approved by the department.

ATCP 10.01(106) (106) “Tuberculosis uniform methods and rules” means:

ATCP 10.01(106)(a) (a) Except as provided in par. (b), the uniform methods and rules for the national bovine tuberculosis eradication program, federal bureau publication 91-45-011 (January 1, 2005). Notwithstanding this paragraph and par. (b), all official individual identification for all species is specified under sub. (71).

ATCP 10.01(106)(b) (b) In the case of farm-raised deer, the uniform methods and rules for the national cervid tuberculosis eradication program dated January 22, 1999, as published in federal bureau publication 91-45-011 (January 22, 1999), as amended by federal register Volume 71, No. 81, effective April 21, 2006.

ATCP 10.01 Note Note: The tuberculosis 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(107) (107) “Typhoid” or “fowl typhoid” means a disease of poultry caused by Salmonella gallinarum.

ATCP 10.01(108) (108) “USDA” means the United States department of agriculture.

ATCP 10.01(109) (109) “Validated brucellosis-free herd” means a herd of swine that is certified as brucellosis-free by one of the following:

ATCP 10.01(109)(a) (a) The department under s. ATCP 10.29.

ATCP 10.01(109)(b) (b) The authorized animal health agency of the state where the herd is located, under standards equivalent to those in s. ATCP 10.29.

ATCP 10.01(110) (110) “Veal calf” means a bovine animal of either sex, not more than 120 days old, which is kept for the sole purpose of feeding prior to slaughter for veal.

ATCP 10.01(111) (111) “Waters of the state” has the meaning given in s. 281.01 (18), Stats.

ATCP 10.01(112) (112) “Wild animal” has the meaning given in s. 95.68 (1) (g), Stats. “Wild animal” does not include a domestic animal identified in s. ATCP 10.02.

ATCP 10.01(112m) (112m) “Wild deer disease control area” means a CWD-affected area designated by the department of natural resources under ch. NR 10 or other disease area designated by the department of natural resources or the department affecting wild cervid.

ATCP 10.01(113) (113) “Wisconsin certified veterinarian” means a veterinarian certified under s. ATCP 10.05.

ATCP 10.01(114) (114) “Zoo” or “zoological park” means any park, building, cage, enclosure, or other structure or premises in which a live animal or animals are kept for public exhibition or viewing, regardless of whether admission or other consideration is paid by the viewer.

ATCP 10.01 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (106) (b) Register June 2008 No. 630, eff. 7-1-09; CR 07-107: cr. (31m) and (63m), am. (39) and (59), r. (71) (g) 3. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: cr. (27m), (57m), am. (59), (65), (67), (90), (105) (b), cr. (105) (d) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: r. (27), am. (37) (b), (42), (46) (intro.), cr. (55m), renum. (56) to (56) (intro.) and (a) and am., cr. (56) (b), (68m), renum. (70) to (70) (intro.) and (c) and am., cr. (70) (a), (b), r. and recr. (71), cr. (88m), renum. (105) (c) and (d) to (105) (d) and (e), cr. (105) (c) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (5), (8), (17) (a), (42), (45), (59), (69), (70) (intro.), (a), (71) (a), renum. (71) (b) to (71) (b) (intro.) and 1. and am., cr. (71) (b) 2., renum. (71) (c) (intro.) and to (71) (c) (intro.) and 1. (intro.) and am., renum. (71) (c) 1. to 7. to (71) (c) 1. a. to g., cr. (71) (c) 2., 3., am. (71) (f), (g) 1., 3., cr. (71) (g) 4., am. (71) (h) 1., 2., cr. (71) (h) 2m., am. (71) (h) 4., (i) 1., (90), cr. (99m), am. (101), r. (103), am. (105) (c), (106) (a) Register July 2016 No. 727, eff. 10-1-16; (71) 2m. renum. (71) (h) 2m. under s. 13.92 (4) (b) 1., Stats., Register July 2016 No. 727; CR 18-085: am. (5), (60) to (62), (90), (105) (d), cr. (112m) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.02 ATCP 10.02 Domestic animals. The following animals are considered domestic animals under s. 169.01 (7), Stats., and are not considered wild animals:

ATCP 10.02(1) (1) Livestock.

ATCP 10.02(2) (2) Poultry.

ATCP 10.02(3) (3) Farm-raised game birds, except farm-raised game birds that have been released to the wild.

ATCP 10.02(4) (4) Ratites.

ATCP 10.02(5) (5) Farm-raised fish, except fish that have been released to waters of the state.

ATCP 10.02(6) (6) Foxes, fitch, nutria, marten, fisher, mink, chinchilla, rabbit, or caracul that are born, bred, and raised in captivity and are not endangered or threatened species.

ATCP 10.02(7) (7) Pet birds.

ATCP 10.02(8) (8) Animals of any species that has been domesticated by humans.

ATCP 10.02 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.

ATCP 10.025 ATCP 10.025 Medical separation.

ATCP 10.025(1) (1) Any person requesting medical separation for premises under this chapter, including under ss. ATCP 10.07 (4) (a) 5., 10.46 (1) (f), (5) (c) and (d), and 10.61 (5m), shall pay a nonrefundable fee of $400 for each day, or portion of a day, needed to complete the inspection.

ATCP 10.025(2) (2) The fee under sub. (1) shall be paid before the department conducts the inspection and prior to being eligible for any registration, license, or certification issued under this chapter.

ATCP 10.025(3) (3) No inspection is required for the renewal of an existing medically separated premises if the department has previously inspected the premises for medical separation and there have been no changes in registration, licensure, certification, ownership, or use of premises.

ATCP 10.025 History History: CR 18-085: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) to (3) made under s. 35.17, Stats., Register May 2020.

ATCP 10.03 ATCP 10.03 Disease reporting.

ATCP 10.03(1) (1) A person who diagnoses or obtains credible diagnostic evidence of any disease identified in ch. ATCP 10 Appendix A, in an animal in this state, shall report that diagnosis or evidence to the department within one day after making the diagnosis or obtaining the evidence.

ATCP 10.03(2) (2) A person who diagnoses or obtains credible diagnostic evidence of any disease identified in ch. ATCP 10 Appendix B, in an animal in this state, shall report that diagnosis or evidence to the department within 10 days after making the diagnosis or obtaining the evidence.

ATCP 10.03(3) (3) A person may make a report under sub. (1) or (2) by telephone, by email, by fax, or by any other effective means of communication that ensures the report will reach the department within the applicable time limit set forth in this section. The reported information shall include official individual identification, if required under this chapter, the species, age, sex, and breed of the animal possibly infected with the disease, the address of the farm, and the premises code, if any. If the report is not initially in writing, the person shall confirm the report in writing by mail, e-mail, or fax within 10 days.

ATCP 10.03(4) (4) If the department, the Wisconsin veterinary diagnostic laboratory, or the Wisconsin department of health services makes a diagnosis or obtains evidence under sub. (1) or (2), no other person is required to report the diagnosis or evidence under sub. (1) or (2).

ATCP 10.03(5) (5) A person is not required to make a report under sub. (1) or (2) if another person reports the same information under sub. (1) or (2).

ATCP 10.03 Note Note: For example, if a veterinarian submits a test sample to a laboratory and receives a positive test result for a disease identified under sub. (1) or (2), the veterinarian is not required to report the test result to the department if the laboratory does so.

ATCP 10.03(6) (6) If the department determines that a disease reported under sub. (1) or (2) may present a threat to wild animals in this state, the department shall notify the department of natural resources of the report contents.

ATCP 10.03(7) (7) If the state veterinarian determines that a new disease is reportable under sub. (1) or (2) because it presents a threat to animals or humans residing in this state, he or she may issue an order to make the disease reportable within one or ten days until the new disease is published under ch. ATCP 10 Appendix A or B.

ATCP 10.03 Note Note: Separate reporting requirements apply to fish diseases under s. ATCP 10.66. Other species-specific reporting requirements may also apply under this chapter.

ATCP 10.03 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register May 2011 No. 665; corrections in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 13-058: am. (3) Register March 2014 No. 699, eff. 6-1-14; correction in (3) made under s. 35.17, Stats., Register March 2014 No. 699; CR 15-092: am. (3) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (3), cr. (7) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.04 ATCP 10.04 Disease tests.

ATCP 10.04(1) (1) Duty to submit samples and report test results.

ATCP 10.04(1)(a) (a) A veterinarian, qualified fish health inspector, certified veterinary technician, qualified chronic wasting disease test sampler, or DHIA technician who tests an animal in this state for any of the following diseases shall report the test results to the department, regardless of whether the test result is positive or negative:

ATCP 10.04(1)(a)1. 1. Brucellosis.

ATCP 10.04(1)(a)2. 2. Johne’s disease.

ATCP 10.04(1)(a)3. 3. Pseudorabies.

ATCP 10.04(1)(a)4. 4. Tuberculosis.

ATCP 10.04(1)(a)5. 5. Chronic wasting disease.

ATCP 10.04(1)(a)6. 6. Viral hemorrhagic septicemia.

ATCP 10.04(1)(am) (am) A person under par. (a) shall submit test samples to a laboratory approved by the department.

ATCP 10.04(1)(b) (b) A person under par. (a) shall report a positive test result for any disease under par. (a) within the time period and by the method specified for that disease in s. ATCP 10.03.

ATCP 10.04(1)(c) (c) A person under par. (a) shall report a negative test result for any disease under par. (a) within 10 days after receiving that test result. The person shall report the negative test result in writing, by e-mail, or fax.

ATCP 10.04(1)(d) (d) A person under par. (a) is not required to report diseases under par. (a) if the laboratory analyzing the test sample reports the test result to the department according to this subsection.

ATCP 10.04(1)(e) (e) A test result report under this subsection shall include the official individual identification of the animal to which the test result pertains. If the animal has no official individual identification, the person under par. (a) who collects the test sample shall apply an official individual identification to any livestock, other than fish, or shall use another appropriate identifier for other non-livestock animals, prior to collecting the test sample.

ATCP 10.04(2) (2) Duty to assist department. An owner or custodian of animals shall make those animals available to the department, at the department’s request, for any disease testing that the department is authorized to perform on those animals. The owner or custodian shall restrain the animals, as necessary, to facilitate testing and protect the safety of the animal and the persons performing the testing.

ATCP 10.04(3) (3) Presumption. For purposes of ch. 95, Stats., this chapter, and ch. ATCP 12, a laboratory test result is rebuttably presumed to be valid if the department or the federal bureau has approved or certified the laboratory to perform that type of test.

ATCP 10.04(4) (4) Department ordered testing. If an animal is moved or imported without being tested according to this chapter or may be exposed to a disease identified in ch. ATCP 10 Appendix A or ch. ATCP 10 Appendix B, the department may order the testing performed, or may order that an authorized employee or agent of the department or the federal bureau perform the testing, at the owner’s expense. Testing completed under a department order does not relieve any person from other penalties or remedies that may apply because of the illegal import or movement.

ATCP 10.04 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (1) (title) and (a) (intro.), cr. (1) (a) 5. and 6. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (4) Register July 2012 No. 679, eff. 8-1-12; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 13-058: am. (1) (a) (intro.), (b) to (e) Register March 2014 No. 699, eff. 6-1-14; correction in (1) (a) made under s. 35.17, Stats., Register March 2014 No. 699; CR 18-085: am. (1) (title), cr. (1) (am), am. (1) (e) Regsiter May 2020 No. 773, eff. 6-1-20; correction in (1) (e) made under s. 35.17, Stats., Register May 2020 No. 773.

ATCP 10.045 ATCP 10.045 Official individual identification application and record keeping requirements.

ATCP 10.045(1) (1) Whenever a person distributes official individual identification or applies official individual identification to any animal, that person shall keep a record of the date of distribution or application, the official identification number that was distributed or applied to the animal, and the name and address of the owner of the animal.

ATCP 10.045(2) (2) A person who is required to keep records, under sub. (1), shall do all of the following:

ATCP 10.045(2)(a) (a) Retain each record for at least 5 years.

ATCP 10.045(2)(b) (b) Make the records available to the department, upon request, for inspection and copying.

ATCP 10.045(3) (3) 

ATCP 10.045(3)(a) (a) A person may not apply an official individual identification to any animal that already has an official individual identification, except as follows:

ATCP 10.045(3)(a)1. 1. An “840” tag may be applied to an animal that has a national uniform ear tagging system ear tag under s. ATCP 10.01 (70) (a).

ATCP 10.045(3)(a)2. 2. A brucellosis vaccination tag may be applied when vaccinating an animal under s. ATCP 10.10.

ATCP 10.045(3)(a)3. 3. An official individual identification as approved by the department.

ATCP 10.045(3)(b) (b) A person that applies identification specified under this subsection shall keep a record of the existing and newly applied official identification numbers and the information under subs. (1) and (2).

ATCP 10.045 History History: CR 15-092: cr. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: cr. (3) Register May 2020 No. 773, eff. 6-1-20; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2020 No. 773.

ATCP 10.05 ATCP 10.05 Wisconsin certified veterinarians.

ATCP 10.05(1) (1) Automatic certification. A veterinarian certified under this section shall follow accreditation standards under 9 CFR parts 160 to 162 and is automatically certified as a Wisconsin certified veterinarian, without any action by the department, if all the following apply:

ATCP 10.05(1)(a) (a) The veterinarian is currently licensed under ch. 89, Stats., to practice veterinary medicine in this state.

ATCP 10.05(1)(b) (b) The veterinarian is currently accredited by the federal bureau under 9 CFR parts 160 to 162.

ATCP 10.05(2) (2) Decertification.

ATCP 10.05(2)(a) (a) A veterinarian is no longer certified under sub. (1) if any of the following occur:

ATCP 10.05(2)(a)1. 1. The veterinarian is no longer licensed under ch. 89, Stats., to practice veterinary medicine. If the veterinarian’s license is temporarily suspended, the certification under sub. (1) is suspended for the period of the license suspension.

ATCP 10.05(2)(a)2. 2. The veterinarian is no longer accredited by the federal bureau under 9 CFR 160 to 162. If the veterinarian’s federal accreditation is temporarily suspended, the certification under sub. (1) is suspended for the period of the accreditation suspension.

ATCP 10.05(2)(a)3. 3. The department suspends or revokes the certification for cause, including violations under 9 CFR parts 160 to 162.

ATCP 10.05(2)(b) (b) The state veterinarian may, on behalf of the department, summarily suspend or revoke the certification of a veterinarian who violates applicable requirements under ch. 95, Stats., this chapter, or ch. ATCP 12 or 16. The state veterinarian shall specify, in the order, the period of suspension or the requirements for reinstatement after revocation. A veterinarian may request a hearing before the department, pursuant to ch. 227, Stats. A request for hearing does not stay the summary suspension or revocation.

ATCP 10.05 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (2) (b) Register July 2012 No. 679, eff. 8-1-12; correction in (1) (a), (2) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718; CR 18-085: am. (1) (intro.), (2) (a) 3. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (intro.), (2) (a) 3. made under s. 35.17, Stats., Register May 2020 No. 773.

ATCP 10.052 ATCP 10.052 Brucellosis testing and control.