Chapter ATCP 10

ATCP 10.18 History 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 ATCP 10.19 Johne’s disease testing and management costs; reimbursement.

ATCP 10.19(1) (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:

ATCP 10.19(1)(a) (a) Laboratory costs for Johne’s disease tests under s. ATCP 10.15.

ATCP 10.19(1)(b) (b) Reasonable veterinarian costs to do any of the following:

ATCP 10.19(1)(b)1. 1. Collect and submit samples for Johne’s disease testing under s. ATCP 10.15.

ATCP 10.19(1)(b)2. 2. Prepare a Johne’s disease herd risk assessment and herd management plan under sub. (2) (a) 1.

ATCP 10.19(1)(b)3. 3. Vaccinate the herd for Johne’s disease according to s. ATCP 10.17.

ATCP 10.19(2) (2) Reimbursement claims.

ATCP 10.19(2)(a) (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):

ATCP 10.19(2)(a)1. 1. A Johne’s disease herd risk assessment and herd management plan, prepared by a veterinarian certified under s. ATCP 10.20 (1). The risk assessment and management plan shall comply with the Johne’s disease national program standards. The herd owner need not include a risk assessment or management plan if the herd owner has previously filed a risk assessment or management plan with the department, unless the prior risk assessment or management plan has changed or no longer complies with the Johne’s disease national program standards.

ATCP 10.19(2)(a)2. 2. Copies of bills or invoices documenting costs that are eligible for reimbursement under sub. (1).

ATCP 10.19(2)(a)3. 3. A livestock premises registration code under s. ATCP 17.02 for the location where the herd is kept.

ATCP 10.19(2)(b) (b) Claims for costs incurred in any calendar year shall be postmarked or delivered to the department on or before February 1 of the following calendar year, except that the department may consider claims filed after February 1 but before March 1. A herd owner may file multiple claims for costs incurred in any calendar year, provided that the claims are not duplicative.

ATCP 10.19(3) (3) Reimbursement priorities. The department shall pay eligible claims under sub. (2), for costs incurred in any calendar year, from the appropriation account dedicated to the reimbursement of costs incurred in that calendar year. The department shall pay eligible claims in the following order:

ATCP 10.19(3)(a) (a) The department shall first pay eligible claims, for costs incurred in any calendar year, which are received or postmarked on or before February 1 of the next calendar year. If the sum of those eligible claims exceeds the amount available in the relevant appropriation account, the department may pay those eligible claims pro rata.

ATCP 10.19(3)(b) (b) If the department decides to pay any claims received or postmarked after February 1 and before March 1 of any year, for costs incurred in the preceding calendar year, the department shall pay those claims in the order that it received them. The department may determine the amount that it will designate for the payment of claims under this paragraph.

ATCP 10.19(5) (5) Payment deadline. By June 30 of each calendar year, the department shall pay claims allowed under this section for costs incurred in the preceding calendar year.

ATCP 10.19(6) (6) Claims disallowed.

ATCP 10.19(6)(a) (a) The department may disallow all or part of a claim under sub. (2) for any of the following reasons:

ATCP 10.19(6)(a)1. 1. The claim is not timely, or is not eligible for reimbursement under this section.

ATCP 10.19(6)(a)2. 2. The herd owner has misrepresented or falsified any information in the claim.

ATCP 10.19(6)(a)3. 3. There are inadequate funds to pay the claim, according to this section, by the payment deadline date in sub. (5).

ATCP 10.19(6)(b) (b) A herd owner may not resubmit any portion of a claim that is disallowed under this subsection, except as specifically authorized by the department.

ATCP 10.19 Note Note: Sometimes, the legislature provides funding for the Johne’s disease program. Sections ATCP 10.15 to 10.20 provide the rules, required under s. 95.197, Stats., to administer that financial assistance program. The department publicly announces the availability of any funding.

ATCP 10.19 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 also be obtained by writing to the following address:

ATCP 10.19 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.19 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: cr. (2) (a) 3., am. (2) (b) and (3) (a) Register November 2008 No. 635, eff. 12-1-08; CR 13-058: am. (1) (intro.) Register March 2014 No. 699, eff. 6-1-14.

ATCP 10.20 ATCP 10.20 Johne’s disease; certified veterinarians.

ATCP 10.20(1) (1) Johne’s disease certified veterinarian. The department may certify a veterinarian as a Johne’s disease certified veterinarian if all of the following apply:

ATCP 10.20(1)(a) (a) The veterinarian is currently a Wisconsin certified veterinarian under s. ATCP 10.05 (1).

ATCP 10.20(1)(b) (b) The veterinarian successfully completes a training program approved by the department.

ATCP 10.20 Note Note: A current list of approved training programs may be obtained from the department by contacting the department’s website at http://datcp.wi.gov, or by writing to the following address:

ATCP 10.20 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.20(2) (2) Johne’s disease vaccination certified veterinarian. The department may certify a veterinarian as a Johne’s disease vaccination certified veterinarian if all of the following apply:

ATCP 10.20(2)(a) (a) The veterinarian is currently certified under sub. (1).

ATCP 10.20(2)(b) (b) The veterinarian successfully completes a Johne’s disease vaccination training program provided or approved by the department.

ATCP 10.20(3) (3) Disqualification. The department may withdraw a certification under sub. (1) or (2) for cause, including a failure to adhere to relevant standards under ss. ATCP 10.15 to 10.18 or this section. The department shall issue a withdrawal notice in writing. The notice shall specify the reasons for the withdrawal.

ATCP 10.20 Note Note: The person named in a notice under sub. (3) may request a contested case hearing under s. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay the withdrawal of certification.

ATCP 10.20 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (1) (b) Register June 2008 No. 630, eff. 7-1-09; CR 11-048: am. (1) (b), (2) (b) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (3) Register March 2014 No. 699, eff. 6-1-14; CR 18-085: renum. (1) (a) to (1) (intro.), r. (1) (b), renum. (2) (a) to (2) (intro.), r. (2) (b) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.21 ATCP 10.21 Bovine animals; identification.

ATCP 10.21(1) (1) Official individual identification.

ATCP 10.21(1)(a) (a) A veterinarian who does any of the following to any bovine animal shall insert, in the ear of the animal, an official ear tag unless the animal is already identified with an official ear tag and shall record, on the applicable document under subd. 1. or 2., the number of the official individual identification:

ATCP 10.21(1)(a)1. 1. Vaccinates, identifies, or tests a bovine animal in order to complete a certificate of veterinary inspection or any other official document or certification related to that animal.

ATCP 10.21(1)(a)2. 2. Tests a bovine animal for any disease listed under s. ATCP 10.03.

ATCP 10.21(1)(b) (b) Except as specified under 9 CFR 86.4 (c), no more than one official ear tag may be applied to a bovine.

ATCP 10.21(2) (2) Slaughter identification.

ATCP 10.21(2)(a) (a) If a slaughtering establishment operator receives any bovine animal for slaughter, that person shall do all of the following unless the animal is a steer:

ATCP 10.21(2)(a)1. 1. Identify the animal with an official back tag at the time of receipt, unless the animal is already back tagged or has official individual identification.

ATCP 10.21(2)(a)2. 2. Make a record under par. (b).

ATCP 10.21(2)(b) (b) A record under par. (a) 2. shall include all of the following:

ATCP 10.21(2)(b)1. 1. The animal’s official individual identification or back tag number.

ATCP 10.21(2)(b)2. 2. The date on which each bovine animal was received.

ATCP 10.21(2)(b)3. 3. The name and address of the person from whom the animal was received.

ATCP 10.21(2)(b)4. 4. Whether the animal was of a beef or dairy breed. If the animal is a beef and dairy crossbreed, it shall be classified as a beef breed.

ATCP 10.21(2)(c) (c) A person who is required to make a record under par. (b) shall retain that record for at least 5 years, and shall make the record available to the department for inspection and copying upon request.

ATCP 10.21 Note Note: Animal identification requirements for animal truckers, animal markets and animal dealers are specified under ch. ATCP 12.

ATCP 10.21 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 13-058: am. (1) (a) (intro.), r. and recr. (1) (b), r. (1) (c), am. (2) (b) 5. Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (1) (a) (intro.), (b), (2) (a) (intro.), 1., (b) 1., 5. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (2) (a) (intro.), 1., r. (2) (b) 5. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.22 ATCP 10.22 Bovine animals; imports.

ATCP 10.22(1) (1) Certificate of veterinary inspection.

ATCP 10.22(1)(a) (a) Requirement. Except as provided in par. (b), no person may import a bovine animal into this state unless a valid certificate of veterinary inspection accompanies the animal. The certificate shall include all of the following information:

ATCP 10.22(1)(a)1. 1.

ATCP 10.22(1)(a)1.a. a. The official individual identification of all bovine animals except steers imported from a brucellosis-free state or nation, or from a brucellosis class A state, if that state or nation is also an accredited tuberculosis-free state or nation and the certificate of veterinary inspection clearly identifies the shipment destination and the number of animals included in the shipment.

ATCP 10.22 Note Note: Federal regulations must be followed for interstate movements. Under federal regulations of interstate shipment of steers, beef steers are not required to have official individual identification, but dairy steers are required to have official individual identification. Federal regulations define dairy cattle as all cattle, regardless of age or sex or current use, that are of a breed(s) or offspring of a breed used to produce milk or other dairy products for human consumption. See 9 CFR 86.

ATCP 10.22(1)(a)1.b. b. Notwithstanding the exception in subd. 1. a., a certificate of veterinary inspection under this section shall include the official individual identification of steers imported for rodeos, recreational events, shows, or exhibitions.

ATCP 10.22(1)(a)2. 2. A report of any negative brucellosis test required under sub. (2).

ATCP 10.22(1)(a)3. 3. A report of any negative tuberculosis test required under sub. (5).

ATCP 10.22(1)(a)4. 4. A Wisconsin import permit number, if an import permit is required under sub. (3) or (5).

ATCP 10.22(1)(a)5. 5. If the animal is imported to an approved import feed lot, the feed lot permit number assigned to that feed lot under sub. (9).

ATCP 10.22(1)(a)6. 6. Any other information required under this section.

ATCP 10.22(1)(b) (b) Exemptions. A certificate of veterinary inspection is not required under par. (a) for any of the following:

ATCP 10.22(1)(b)1. 1. An animal imported directly to a slaughtering establishment for slaughter.

ATCP 10.22(1)(b)2. 2. An animal imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4).

ATCP 10.22 Note Note: ATCP 10.07 (4) (c) prohibits the operator of a federally approved livestock marketing facility from releasing an imported bovine animal to a location in this state unless the animal meets bovine import requirements under this chapter. Animals shipped directly to slaughter are exempt from certain import requirements that would otherwise apply.

ATCP 10.22(1)(b)3. 3. An animal imported directly to a veterinary facility for treatment, provided that all of the following apply:

ATCP 10.22(1)(b)3.a. a. The animal is returned to its place of origin immediately following treatment.

ATCP 10.22(1)(b)3.b. b. There is no change of ownership while the animal is in this state.

ATCP 10.22(1)(b)3.c. c. The animal is not required to be tested under s. ATCP 10.22 (2) or 10.22 (5).

ATCP 10.22(1)(b)4. 4. An animal returning directly to its place of origin in this state following treatment in a veterinary facility outside this state, provided that the animal was shipped directly to the veterinary facility and there was no change of ownership while the animal was outside the state for veterinary treatment.

ATCP 10.22(2) (2) Brucellosis test.

ATCP 10.22(2)(a) (a) Requirement. Except as provided in par. (b), no person may import a bovine animal into this state unless the animal tests negative on a pre-import brucellosis test. Except as provided in par. (c), the pre-import brucellosis test shall be conducted not more than 30 days before the animal enters this state.

ATCP 10.22(2)(b) (b) Exemptions. Paragraph (a) does not require a pre-import brucellosis test for any of the following animals:

ATCP 10.22(2)(b)1. 1. An animal imported directly to a slaughtering establishment for slaughter.

ATCP 10.22(2)(b)2. 2. An animal originating from a brucellosis-free state or nation, unless testing is required under s. ATCP 10.07 (1) (b).

ATCP 10.22(2)(b)3. 3. An animal originating from a certified brucellosis-free herd.

ATCP 10.22(2)(b)4. 4. An animal imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4).

ATCP 10.22(2)(b)5. 5. A steer or official spayed heifer.

ATCP 10.22(2)(b)6. 6. A calf under 6 months old originating from a brucellosis class A state.

ATCP 10.22(2)(b)7. 7. An official vaccinate under 20 months old originating from a brucellosis class A state.