Wisconsin Legislature: ATCP 10.15(1)(d)

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:

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

(2) Suspending or revoking certification.

(a) The department may summarily suspend or revoke a certification under sub. (1) if any of the following occur:

1. A brucellosis test shows that any animal in the herd is a brucellosis suspect or reactor.

2. The herd owner does not comply with sub. (1).

(b) The state veterinarian may issue a summary suspension or revocation notice under par. (a). The notice shall state the reason for the suspension or revocation.

Note: A herd owner affected by a suspension or revocation under sub. (2) may request a hearing before the department under ch. 227.42, Stats., and ch. ATCP 1. A request for a hearing does not automatically stay a summary suspension or revocation.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (1) Register June 2008 No. 630, eff. 7-1-09; CR 11-048: am. (1) Register July 2012 No. 679, eff. 8-1-12.

ATCP 10.13 Tuberculosis testing and control. Tuberculosis testing and control requirements are specified under s. ATCP 10.055.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (1) (b) Register July 2012 No. 679, eff. 8-1-12; CR 15-092: am. (1) (a) (intro.), 2., r. and recr. (1) (b), cr. (1m), am. (3), (5), consol. (6) (a) (intro.) and 1. and renum. to (6) (a) and am., r. (6) (a) 2., am. (6) (c) Register July 2016 No. 727, eff. 10-1-16; correction in (6) (b) made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727; CR 18-085: r. and recr. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.14 Tuberculosis-free herd; certification.

(1) Certification. The department may certify a herd of bovine animals as an accredited tuberculosis-free herd if the herd qualifies for that certification under the tuberculosis uniform methods and rules. Every certification application shall include a nonrefundable application fee of $100 for a 2-year certification. The department may prorate the fee for certifications less than 2 years. To maintain the certification, a herd owner shall comply with applicable requirements under the tuberculosis uniform methods and rules.

Note: For example, the department may prorate the certification fee when a farmer purchases animals which have 1 year left on their current tuberculosis-free certification status before testing is due.

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:

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

(2) Suspending or revoking certification.

(a) The department may summarily suspend or revoke a certification under sub. (1) if any of the following occur:

1. An animal in the herd tests positive for tuberculosis.

2. The herd owner does not comply with sub. (1).

3. An animal in the herd is commingled with animals of lesser or no tuberculosis status.

(b) The state veterinarian may issue a summary suspension or revocation notice under par. (a). The notice shall state the reason for the suspension or revocation.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (1) Register June 2008 No. 630, eff. 7-1-09; CR 11-048: am. (1) Register July 2012 No. 679, eff. 8-1-12; correction in (2) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699; CR 18-085: cr. (2) (a) 3. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.15 Johne’s disease testing.

(1) Who may collect test samples. A person who collects a Johne’s disease test sample, for purposes of this chapter or ch. ATCP 12, shall be one of the following:

(a) An accredited veterinarian. If the veterinarian collects the test sample from cattle in this state, the veterinarian shall also be a Wisconsin certified veterinarian.

(b) A person working under the direct supervision of a veterinarian under par. (a), provided that the veterinarian submits the sample for testing.

(d) A DHIA technician or a certified veterinary technician if the Johne’s disease test sample is a milk sample.

(2) Sample collection procedures. A person who collects a Johne’s disease test sample, for purposes of this chapter or ch. ATCP 12, shall comply with procedures specified in the Johne’s disease national program standards.

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 also be obtained by writing to the following address:

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

(3) Laboratory and test methods. Only a laboratory approved by the department or the federal bureau may conduct a Johne’s disease test for purposes of this chapter or ch. ATCP 12. The laboratory shall use one of the following tests:

(a) The enzyme linked immunosorbent assay (ELISA).

(b) The fecal culture test.

(d) Another test approved by the department.

(4) Veterinarian to report. A veterinarian who submits for testing a Johne’s disease test sample collected in this state shall report the test result to the department and the animal owner according to s. ATCP 10.04 (1).

Note: A test report must include the animal’s official individual identification. If the animal has no official individual identification, the veterinarian must identify the animal with an official individual identification. See s. ATCP 10.04 (1) (e).

(5) Reactors. An animal is a Johne’s disease reactor if any of the following apply:

(a) The animal tests positive on a test under sub. (3) (a), unless it subsequently tests negative on a follow-up test under sub. (6).

(b) The animal tests positive on any test under sub. (3) (b) to (d).

(6) Follow-up test. Within 45 days after an animal tests positive on a test under sub. (3) (a), a person authorized under sub. (1) shall collect and submit another sample for testing by a different test method under sub. (3). The department may, for good cause, extend the retesting deadline under this subsection.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: cr. (1) (d), am. (6) Register November 2008 No. 635, eff. 12-1-08.

ATCP 10.16 Johne’s disease; sales of cattle.

(1) Implied warranty. Section 95.195, Stats., covers Johne’s disease in cattle and applies to sales of cattle, except that the implied warranty under s. 95.195, Stats., does not apply if any of the following apply:

(a) The seller accurately discloses all of the following to the buyer in writing, prior to sale:

1. The current herd classification under s. ATCP 10.18 of the herd from which the cattle are sold.

2. That the cattle are Johne’s disease reactors under s. ATCP 10.15 (5) if that is the case.

(b) The cattle are sold directly to slaughter.

(2) Reactor sales.

(a) No person may sell an animal that is a Johne’s disease reactor unless one of the following applies:

1. The person first discloses to the buyer, in writing, that the animal is a Johne’s disease reactor.

2. The person sells the animal directly to slaughter.

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

ATCP 10.17 Johne’s disease herd vaccination.

(1) No person may vaccinate, or cause to be vaccinated, any cattle in this state for Johne’s disease except under a herd agreement with the department. Only the owner of the cattle may enter into a herd agreement with the department.

(2) A veterinarian performing vaccination as authorized under this section shall be both of the following:

(a) A Johne’s disease certified veterinarian under s. ATCP 10.20 (1).

(b) A Johne’s disease vaccination certified veterinarian under s. ATCP 10.20 (2).

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 13-058: am. (1) Register March 2014 No. 699, eff. 6-1-14.

ATCP 10.18 Johne’s disease herd classification.

(1) Assigning a herd classification.

(a) The department may assign a Johne’s disease herd classification to a herd of cattle that qualifies for that classification under the Johne’s disease national program standards.

(b) To obtain a herd classification under par. (a), a herd owner shall submit both of the following to the department:

1. A written request for classification.

2. The complete results of an annual herd test that conforms to the Johne’s disease national program standards.

(c) Within 30 days after the department receives all of the information under par. (b), the department shall classify the herd and issue a classification notice to the herd owner under sub. (4).

(2) Default classification. A herd of cattle in this state, and every herd from which cattle are sold into this state, is automatically classified as MAXIMUM RISK FOR JOHNE’S DISEASE without any notice from the department unless the department assigns a different classification to that herd under sub. (1).

(3) Maintaining herd classification. To maintain a herd classification under sub. (1), the herd owner shall comply with the Johne’s disease national program standards for continued classification.

(4) Classification notice to herd owner. A classification notice under sub. (1) (c) shall include all of the following:

(a) The classification assigned to the herd.

(b) The effective date and expiration date of the classification. A classification takes effect on the effective date specified in the notice, and supersedes any prior classification.

(5) Misrepresenting herd classification. No seller may misrepresent a herd’s classification under this section.

(6) Commingled cattle; classification. If cattle from 2 or more herds are commingled, the classification of the commingled herd is determined according to the Johne’s disease national program standards.

(7) Department disclosure of herd classification. The department may not disclose a herd classification under this section except to the herd owner, or with the written authorization of the herd owner, or as authorized under s. 95.232, Stats.

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

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 13-058: am. (2), r. (4) (c) Register March 2014 No. 699, eff. 6-1-14.

ATCP 10.19 Johne’s disease testing and management costs; reimbursement.

(1) Department may reimburse costs. The department may award a grant under s. 95.197, Stats., to reimburse a cattle herd owner for any of the following costs incurred by the herd owner:

(a) Laboratory costs for Johne’s disease tests under s. ATCP 10.15.

(b) Reasonable veterinarian costs to do any of the following:

1. Collect and submit samples for Johne’s disease testing under s. ATCP 10.15.

2. Prepare a Johne’s disease herd risk assessment and herd management plan under sub. (2) (a) 1.

3. Vaccinate the herd for Johne’s disease according to s. ATCP 10.17.

(2) Reimbursement claims.

(a) A herd owner shall file each claim for reimbursement under sub. (1) on a form provided by the department. The herd owner shall include all of the following in the reimbursement claim, in order to be eligible for reimbursement of any costs under sub. (1):