ATCP 10.06 HistoryHistory: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (3) (b) Register June 2008 No. 630, eff. 7-1-08; CR 10-100: am. (1) (b) Register May 2011 No. 665, eff. 6-1-11; CR 11-048: am. (1) (b), (3) (a), (4) (intro.), (c), (5) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: r. (1) (c) 12., am. (6) (a) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (3) (a), (4) (intro.), (j), (5) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (c) 10., (4) (a), (6) (a) (b) Register May 2020 No. 773, eff. 6-1-20. ATCP 10.07(1)(a)(a) Persons importing animals to this state shall comply with applicable import requirements under this chapter and ch. ATCP 12. ATCP 10.07(1)(b)(b) The state veterinarian may by written notice, or by oral notice confirmed in writing, direct a person to comply with additional import requirements if the state veterinarian determines, based on an epidemiological evaluation of current disease risks in the herd, or state or nation of origin, that those additional requirements are needed to prevent the spread of disease to this state. ATCP 10.07 NoteNote: Whenever the state veterinarian imposes additional import requirements under par. (b), the department will determine whether those import requirements have general application. If the requirements have general application, the department will adopt an emergency rule and promulgate a permanent rule adopting the requirements.
ATCP 10.07 NoteIf the import requirements under par. (b) do not have general application, they constitute an order under s. 93.07 (10), Stats. A person affected by the order may request a hearing under s. 227.42, Stats., and ch. ATCP 1. ATCP 10.07 NoteWhenever additional import requirements under par. (b) affect imports from an entire state or a substantial portion of a state, the department will notify the chief animal health officer in the affected state.
ATCP 10.07(1)(c)(c) No person who receives a notice of an additional import requirement under par. (b) may import an animal in violation of the additional import requirement. ATCP 10.07(2)(a)(a) Except as authorized under sub. (2m), no person may import an animal shipment to this state without an import permit from the department, if a permit is required by this chapter or ch. ATCP 12. The department may issue a permit in paper, verbal, or electronic form. Each permit shall be evidenced by a unique permit number that shall be recorded on the official certificate of veterinary inspection by the importer or accredited veterinarian. ATCP 10.07(2)(b)(b) A permit under par. (a) is conditioned upon compliance with import requirements in this chapter and ch. ATCP 12, and any conditions specified when the permit is issued. Noncompliance may invalidate a permit. A permit is not evidence of compliance. ATCP 10.07(2)(c)(c) The department shall grant or deny a permit under par. (a) within 30 days after the department receives a complete application. The department shall send notice of its action, provide a permit number, and forward a copy of the permit if required by this chapter. The department may notify the applicant of its action by telephone, mail, or electronic transmission. ATCP 10.07(2)(d)(d) An importer, or an accredited veterinarian acting on behalf of an importer, may apply for a permit under par. (a). ATCP 10.07 NoteNote: An importer, or an accredited veterinarian acting on behalf of an importer, may apply for a permit in any of the following ways:
ATCP 10.07 Note1. By telephone to the following number: (608) 224-4872. The department may require the applicant to confirm a telephone application in writing, by mail, or electronic transmission.
ATCP 10.07 Note2. By fax to the following number: (608) 224-4871.
ATCP 10.07 Note4. By mail to the following address:
ATCP 10.07 NoteWisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.07(2)(e)(e) A permit application under par. (d) shall include all of the following information: ATCP 10.07(2)(e)1.1. The name, address, and telephone number of the importer. If an accredited veterinarian applies on behalf of an importer, the veterinarian shall also disclose his or her name, address, and telephone number. ATCP 10.07(2)(em)(em) An import permit under par. (a) expires 30 days after it is issued, unless the department specifies a different expiration date on the import permit. ATCP 10.07(2)(f)(f) The department shall keep, for at least 5 years, a record of every import permit under par. (a). ATCP 10.07(2m)(a)(a) In this subsection, “seller” means the owner of the animal being sold or the market location at which the animal is being sold, as applicable. ATCP 10.07(2m)(b)(b) Notwithstanding sub. (2), a blanket import permit may be issued to an accredited veterinarian or a Wisconsin importer if an import permit cannot be properly obtained under sub. (2) for any of the following reasons: ATCP 10.07(2m)(b)1.1. A Wisconsin resident anticipates a possible purchase of one or more animals at an out-of-state farm or sale at a time the department is not open for business. ATCP 10.07(2m)(b)2.2. An accredited veterinarian at an out-of-state animal sale anticipates possible purchases of one or more animals by Wisconsin buyers at the sale at a time the department is not open for business. ATCP 10.07(2m)(c)(c) A permit under par. (b) shall comply with this subsection, import requirements in this chapter and ch. ATCP 12, and any conditions specified when the permit is issued. Noncompliance may invalidate a permit. A permit is not evidence of compliance. ATCP 10.07(2m)(d)(d) A blanket import permit application under this subsection shall include all of the following: ATCP 10.07(2m)(d)1.b.b. The veterinarian’s name, trade name, if applicable, address including city, state, and zip code, and telephone number. ATCP 10.07(2m)(d)1.c.c. The seller’s name, trade name, if applicable, address including city, state, and zip code, telephone number, and livestock premises code, if known. ATCP 10.07(2m)(d)2.b.b. The importer’s name, trade name, if applicable, address including city, state, and zip code, and telephone number. ATCP 10.07(2m)(d)2.d.d. If known, the seller’s name, trade name, if applicable, address including city, state, and zip code, telephone number, and livestock premises code. ATCP 10.07(2m)(d)3.3. For all applicants under this subsection, any other relevant information required by the department. ATCP 10.07(2m)(e)(e) An applicant shall receive a general import permit under sub. (2) or a blanket import permit under this subsection prior to bringing an animal into Wisconsin. ATCP 10.07(2m)(f)(f) The department shall grant or deny a permit under par. (b) within 30 days after the department received a complete application. The department shall send notice of its action, provide an import permit number, and forward a copy of the permit if required by this chapter. The department may notify the applicant of its action by telephone, mail, or electronic transmission. ATCP 10.07(2m)(g)(g) A blanket import permit under this subsection expires 30 days after it is issued, unless the department specifies a different expiration date on the import permit. ATCP 10.07(2m)(h)(h) On the first business day after the sale, the applicant shall submit all certificates of veterinary inspection of Wisconsin-bound animals to the department or shall notify the department that no animals from the sale will be entering Wisconsin under the blanket permit issued for that sale date. ATCP 10.07 NoteNote: An applicant for a blanket import permit may apply for a permit or submit any information required for a permit in any of the following ways that best meet the established deadlines:
ATCP 10.07 Note1. By telephone to the following number: (608) 224-4872. The department may require the applicant to confirm a telephone application in writing, by mail, or electronic transmission.
ATCP 10.07 Note2. By fax to the following number: (608) 224-4871.
ATCP 10.07 Note4. By mail to the following address:
ATCP 10.07 NoteWisconsin Department of Agriculture, Trade and Consumer Protection
ATCP 10.07 NoteDivision of Animal Health
ATCP 10.07 NoteP.O. Box 8911
ATCP 10.07 NoteMadison, WI 53708-8911
ATCP 10.07(2m)(i)(i) The department shall keep, for at least 5 years, a record of every blanket permit issued under this subsection. ATCP 10.07(3)(a)(a) The state veterinarian may issue a written import permit that waives import requirements for a single import shipment if the state veterinarian determines all of the following: ATCP 10.07(3)(a)2.2. That the waiver does not create an undue risk to public health, safety or welfare, or to animals or the environment. ATCP 10.07(3)(b)(b) A permit under par. (a) shall identify the import shipment, the import requirements waived, and the special conditions that justify the waiver. The permit may specify alternative import requirements that the state veterinarian deems necessary. ATCP 10.07(3)(c)(c) A person applying for an import permit under par. (a) shall apply in writing. The application shall explain the special conditions that justify the permit, and shall include relevant documentation requested by the department. ATCP 10.07(3)(d)(d) The department shall keep, for at least 5 years, a record of every permit issued under par. (a). ATCP 10.07(3)(e)(e) A copy of the permit waiving any import requirements shall be attached to the certificate of veterinary inspection. ATCP 10.07(4)(4) Federally approved livestock marketing facilities. ATCP 10.07(4)(a)(a) An animal market qualifies as a federally approved livestock marketing facility, for purposes of this chapter, if all the following apply: ATCP 10.07(4)(a)3.3. The department has authorized the animal market to receive animal import shipments as a federally approved livestock marketing facility under this chapter. ATCP 10.07(4)(a)5.5. The animal market is medically separated, meeting all of the following requirements: ATCP 10.07(4)(a)5.a.a. Fencing and facilities are adequate to maintain at least 30 feet of separation between the animal market and other livestock facilities at all times. ATCP 10.07(4)(a)5.b.b. Bio-security procedures, including procedures to prevent the commingling of animal species, effectively prevent disease transmission between animals. ATCP 10.07(4)(a)5.c.c. The department finds that the medical separation complies with this subdivision based on an inspection under s. ATCP 10.025. For each inspection under this subd. 5. c., the registrant shall pay the fee required under s. ATCP 10.025. ATCP 10.07(4)(am)(am) A federally approved livestock marketing facility, under par. (a), may be a federally approved tagging site if that facility has an agreement with the federal bureau under 9 CFR 86.1. ATCP 10.07(4)(b)(b) Animals of a type identified in the agreement under par. (a) 2. may be imported to the federally approved livestock marketing facility without meeting import requirements under this chapter, provided that the animals are imported in compliance with 9 CFR parts 71, 78, 79, and 85, and the agreement under par. (a) 2. ATCP 10.07(4)(bn)(bn) Animals imported to a federally approved livestock marketing facility shall be tested for diseases specified under this chapter prior to import. ATCP 10.07(4)(c)(c) An operator of a federally approved livestock marketing facility may not do any of the following: ATCP 10.07(4)(c)1.1. Release any animal from that market to a Wisconsin destination unless the animal meets all applicable import requirements under this chapter. ATCP 10.07(4)(c)2.2. Fail to disclose, to the recipient of any animal released from that market, the animal’s state of origin. ATCP 10.07(4)(d)(d) The operator of a federally approved livestock marketing facility shall keep all records required by this chapter, ch. ATCP 12, and 9 CFR 71.20. The operator shall retain the records for at least 5 years, and shall make them available to the department for inspection and copying upon request. ATCP 10.07(5)(5) Intermediate livestock handling facility certification; facility approval; movement permit. ATCP 10.07(5)(a)(a) Definition. In this subsection, “shipment” means one or more truckloads of animals from the same source premises that are transported on the same day for delivery to the same intermediate handling facility prior to slaughter. ATCP 10.07(5)(b)(b) Facility certification required. The department may issue a certificate designating a facility as an approved intermediate livestock handling facility for purposes of this section. A certificate expires June 30 annually. No facility may be certified as an intermediate livestock handling facility unless the operator of the facility holds an agreement with the federal bureau for a livestock facility at that location for handling livestock in interstate commerce pursuant to 9 CFR parts 71, 75, 78, 79, and 85 (January 2011).
