Chapter ATCP 10

ATCP 10.27(4)(a) (a) The department may summarily suspend or revoke any certification under this section if any of the following occur:

ATCP 10.27(4)(a)1. 1. An animal in the herd tests positive for pseudorabies.

ATCP 10.27(4)(a)2. 2. The herd owner fails to comply with certification requirements.

ATCP 10.27(4)(b) (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.

ATCP 10.27 Note Note: A herd owner affected by a suspension or revocation 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 the summary suspension or revocation.

ATCP 10.27 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (1) to (3) Register June 2008 No. 630, eff. 7-1-09.

ATCP 10.28 ATCP 10.28 Swine brucellosis; testing and control. Brucellosis testing and control requirements are specified under s. ATCP 10.052.

ATCP 10.28 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 18-085: r. and recr. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.29 ATCP 10.29 Swine brucellosis-free herd; certification.

ATCP 10.29(1) (1) Certification. The department may certify a herd of swine as a validated brucellosis-free herd if the herd qualifies for that certification under the brucellosis uniform methods and rules. Every certification application shall include a nonrefundable fee of $50 for each year of certification. To maintain the herd certification, the herd owner shall comply with applicable requirements under the brucellosis uniform methods and rules.

ATCP 10.29 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 10.29 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.29(2) (2) Suspending or revoking certification.

ATCP 10.29(2)(a) (a) The department may summarily suspend or revoke a certification under sub. (1) if any of the following occur:

ATCP 10.29(2)(a)1. 1. A swine in the herd tests positive for brucellosis.

ATCP 10.29(2)(a)2. 2. The herd owner fails to comply with sub. (1).

ATCP 10.29(2)(b) (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.

ATCP 10.29 Note Note: A herd owner affected by a suspension or revocation 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.

ATCP 10.29 History 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.

ATCP 10.291 ATCP 10.291 Swine porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus: testing and control.

ATCP 10.291(1) (1) Who may collect test sample. A person who collects a porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus test sample, for purposes of this chapter or ch. ATCP 12, shall be one of the following:

ATCP 10.291(1)(a) (a) An accredited veterinarian and, if the accredited veterinarian collects the test sample from swine in this state, a Wisconsin certified veterinarian.

ATCP 10.291(1)(b) (b) A person working under the direction of a veterinarian under par. (a), provided that the veterinarian submits the sample for testing.

ATCP 10.291(1)(c) (c) An authorized employee or agent of the department or the federal bureau.

ATCP 10.291(2) (2) Test procedure. A test and test strategy used to determine whether the porcine reproductive and respiratory syndrome and the porcine epidemic diarrhea virus is in the herd of origin shall be approved by the department and shall provide 90% confidence that the disease would be identified if present at 30% prevalence in the herd by using one of the following:

ATCP 10.291(2)(a) (a) Collecting a pooled sample of swine by hanging a cotton rope in a group of swine as follows:

ATCP 10.291(2)(a)1. 1. For herds with less than 150 swine, one pooled sample of swine shall be collected and tested. The number of swine to be pooled for samples shall be determined by the owner in consultation with his or her herd veterinarian.

ATCP 10.291(2)(a)2. 2. For herds with 150 to 299 swine, two pooled samples of swine shall be collected and tested. The number of swine to be pooled for samples shall be determined by the owner in consultation with his or her herd veterinarian.

ATCP 10.291(2)(a)3. 3. For herds with 300 or more swine, three pooled samples of swine shall be collected and tested. The number of swine to be pooled for samples shall be determined by the owner in consultation with his or her herd veterinarian.

ATCP 10.291(2)(b) (b) Collecting blood samples from 8 swine for any sized herd.

ATCP 10.291(2)(c) (c) Using another method approved by the department.

ATCP 10.291 Note Note: Testing can be done for both porcine reproductive and respiratory syndrome and the porcine epidemic diarrhea virus using the samples collected under pars. (a) and (b).

ATCP 10.291(3) (3) Submitting samples and reporting test results. A veterinarian under sub. (1) shall submit the porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus samples from swine in this state to a department-approved laboratory and shall report any positive test results to the department and the swine owner.

ATCP 10.291(4) (4) Quarantine.

ATCP 10.291(4)(a) (a) The department may quarantine swine whenever the department reasonably suspects that the swine may be infected with or exposed to the porcine reproductive and respiratory syndrome or the porcine epidemic diarrhea virus. The department may quarantine all swine located on the premises. The quarantine shall comply with s. ATCP 10.89.

ATCP 10.291(4)(b) (b) The department may release a quarantine under par. (a) if a herd plan under sub. (5) is completed by a Wisconsin certified, accredited, licensed veterinarian on behalf of the swine owner and the plan is approved by the department.

ATCP 10.291(5) (5) Herd plan. A herd plan is an agreement, between the department and an owner of swine, for the control of the porcine reproductive and respiratory syndrome and the porcine epidemic diarrhea virus. The goal of the herd plan is to bring the herd to negative from both diseases and limit the spread of the diseases. A herd plan shall be developed by a Wisconsin certified, accredited, licensed veterinarian on behalf of the swine owner or an accredited veterinarian from a state other than Wisconsin, establish testing protocols relating to porcine reproductive and respiratory syndrome or porcine epidemic diarrhea virus, or both, as appropriate, establish notification requirements of at risk farms and potential buyers, establish biosecurity requirements, and shall be broken down into separate production categories that need to be managed.

ATCP 10.291 History History: CR 17-011: cr. Register January 2018 No. 745 eff. 2-1-18; correction in (4) (b) made under s. 35.17, Stats., Register January 2018 No. 745; CR 18-085: am. (title), (1) (intro.), (2) (intro.), (a) 2., cr. (2) (a) 3., am. (3), (4) (a), (5) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.30 ATCP 10.30 Swine imports.

ATCP 10.30(1) (1) Certificate of veterinary inspection.

ATCP 10.30(1)(a) (a) Requirement. Except as provided in par. (b), no person may import a swine into this state unless the swine is accompanied by a valid certificate of veterinary inspection. The certificate shall include all of the following information:

ATCP 10.30(1)(a)1. 1. The official individual identification of the swine.

ATCP 10.30 Note Note: A person may use, as the official individual identification of feeder swine, the premises identification of the premises where the feeder swine originated. See s. ATCP 10.30 (1) (a) 1.

ATCP 10.30(1)(a)2. 2. The import permit number if an import permit is required under sub. (2).

ATCP 10.30(1)(a)3. 3.

ATCP 10.30(1)(a)3.a. a. For commercial swine, a report of a negative porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus test from the swine’s herd of origin conducted within 90 days prior to movement into Wisconsin and a statement from the veterinarian that there are no clinical signs of the porcine reproductive and respiratory syndrome and the porcine epidemic diarrhea virus at the time of inspection. This subd. 3. a. does not apply to commercial swine imported directly to a market licensed under s. ATCP 12.02, if all swine on the market premises the day of the sale are shipped directly to slaughter.

ATCP 10.30(1)(a)3.b. b. For commercial swine purchased or obtained from a commingled auction, sale, or exhibition, a report of a negative porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus test from the swine’s herd of origin conducted within 90 days prior to movement into Wisconsin; a statement from the event’s veterinarian that all the swine commingled at the auction, sale, or exhibition had a negative porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus test from their respective herds of origin conducted within 90 days prior to movement to the auction, sale, or exhibition; and a statement from the event’s veterinarian that there are no clinical signs of the porcine reproductive and respiratory syndrome and the porcine epidemic diarrhea virus at the time of inspection.

ATCP 10.30(1)(a)3.c. c. For commercial swine imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4) a report of a negative porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus test from the swine’s herd of origin conducted within 90 days prior to movement into Wisconsin and a statement from the veterinarian that there are no clinical signs of the porcine reproductive and respiratory syndrome and the porcine epidemic diarrhea virus at the time of inspection.

ATCP 10.30(1)(a)4. 4. If sub. (3) (a) applies, the identification number of the pseudorabies qualified negative herd or pseudorabies qualified negative grow-out herd from which the swine originates, and the date of the last herd qualifying test.

ATCP 10.30(1)(a)5. 5. If sub. (4) (a) applies, a report of a negative brucellosis test conducted not more than 30 days before the swine enters this state.

ATCP 10.30(1)(a)6. 6. Any other information required under this section.

ATCP 10.30(1)(b) (b) Exemptions. Paragraph (a) does not apply to any of the following:

ATCP 10.30(1)(b)1. 1. Swine imported directly to a slaughtering establishment for slaughter.

ATCP 10.30(1)(b)2. 2. Commercial swine imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4), if all swine on the market premises the day of the sale are shipped directly to slaughter.

ATCP 10.30 Note Note: Section ATCP 10.07 (4) (c) prohibits the operator of a federally approved livestock marketing facility from releasing imported swine to a location in this state unless the swine meet import requirements under this chapter. Animals shipped directly to slaughter are exempt from certain import requirements that would otherwise apply.

ATCP 10.30(1)(b)3. 3. A commercial swine imported directly to a veterinary facility for treatment, provided that the swine is returned to its place of origin immediately following treatment and there is no change of ownership while the swine is in this state.

ATCP 10.30(1)(b)4. 4. A commercial swine returning directly to its place of origin in this state following treatment in a veterinary facility outside this state, provided that the swine was shipped directly to the veterinary facility and there was no change of ownership while the swine was outside the state for veterinary treatment.

ATCP 10.30(1)(c) (c) Prompt delivery to department. Within 24 hours after a veterinarian issues a certificate of veterinary inspection for swine that are being imported to this state from a state designated as a pseudorabies stage I, II or III state by the federal bureau, the veterinarian shall deliver a copy of that certificate to the department. The veterinarian may deliver the certificate by fax or other electronic transmission.

ATCP 10.30(2) (2) Import permit.

ATCP 10.30(2)(a) (a) Requirement. Except as provided in par. (b), no person may import any swine into this state without an import permit under s. ATCP 10.07 (2).

ATCP 10.30(2)(b) (b) Exemptions. Paragraph (a) does not apply to any of the following:

ATCP 10.30(2)(b)1. 1. Swine imported directly to a slaughtering establishment for slaughter.

ATCP 10.30(2)(b)2. 2. Commercial swine imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4), if all swine on the market premises the day of the sale are shipped directly to slaughter.

ATCP 10.30(2)(b)3. 3. Commercial swine originating from a state designated as a pseudorabies stage IV or V state by the federal bureau and meeting the requirements under sub. (1) (a) 3.

ATCP 10.30 Note Note: The importer of commercial swine that do not meet the requirements under sub. (1) (a) 3. a. or b., must get an import permit from the department. The imported swine will be quarantined by the department until a herd plan is approved by the department. The swine herd on the premises may also be quarantined. See pars. (a) and (d) 2. and s. ATCP 10.291 (5). Swine that do not meet the requirements under sub. (1) (a) 3. c. may not be imported to Wisconsin. See par. (d) 2.

ATCP 10.30(2)(b)4. 4. Micro pigs imported directly to a laboratory pursuant to an import permit under sub. (9).

ATCP 10.30(2)(b)5. 5. Swine under sub. (1) (b) 3. and 4.

ATCP 10.30(2)(c) (c) Permit application. An application for a permit under par. (a) shall comply with s. ATCP 10.07 (2) and shall also include the following information if sub. (3) (a) applies:

ATCP 10.30(2)(c)1. 1. The identification number of the pseudorabies qualified negative herd or pseudorabies qualified negative grow-out herd from which the swine originate.

ATCP 10.30(2)(c)2. 2. The date of the last herd test that qualified the herd of origin as a pseudorabies qualified negative herd or pseudorabies qualified negative grow-out herd.

ATCP 10.30(2)(d) (d) Herd plan.

ATCP 10.30(2)(d)1. 1. The department may issue an import permit under par. (a) for animals originating from a state designated as a pseudorabies stage I or II state by the federal bureau if the person receiving the import shipment has entered into a herd plan with the department.

ATCP 10.30(2)(d)2. 2. The department may issue an import permit under par. (a) for animals that do not meet the requirements under sub. (1) (a) 3. a. or b. The department shall quarantine the imported shipment of swine or the swine herd on the premises, or both until a herd plan under s. ATCP 10.291 (5) is approved by the department. The department may not issue an import permit for animals that do not meet the requirements under sub. (1) (a) 3. c.

ATCP 10.30(3) (3) Swine must originate from a pseudorabies qualified negative herd.

ATCP 10.30(3)(a) (a) Requirement. Except as provided in par. (b), no person may import swine into this state unless the swine originate from a pseudorabies qualified negative herd or, if the swine originate from an off-site facility, a pseudorabies qualified negative grow-out herd that qualifies on the basis of monthly testing.

ATCP 10.30(3)(b) (b) Exemptions. Paragraph (a) does not apply to any of the following:

ATCP 10.30(3)(b)1. 1. Swine imported directly to a slaughtering establishment for slaughter.

ATCP 10.30(3)(b)2. 2. Commercial swine imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4).

ATCP 10.30(3)(b)3. 3. Commercial swine originating from a state designated as a pseudorabies stage IV or V state by the federal bureau.

ATCP 10.30(3)(b)4. 4. Commercial swine originating from a state designated as a pseudorabies stage III state by the federal bureau, if the swine are imported for feeding for slaughter.

ATCP 10.30(3)(b)5. 5. Breeder swine or show pigs that originate from a state designated as a pseudorabies stage III state by the federal bureau, if the swine or show pigs have tested negative for pseudorabies on a test conducted not more than 30 days before the swine enters this state.

ATCP 10.30(3)(b)6. 6. Micro pigs imported directly to a laboratory pursuant to an import permit under sub. (9).

ATCP 10.30(4) (4) Brucellosis test.

ATCP 10.30(4)(a) (a) Requirement. Except as provided in par. (b), no person may import swine into this state unless the swine test negative on a pre-import brucellosis test conducted not more than 30 days before the swine enter this state.

ATCP 10.30(4)(b) (b) Exemptions. Paragraph (a) does not apply to any of the following:

ATCP 10.30(4)(b)1. 1. Swine imported directly to a slaughtering establishment for slaughter.

ATCP 10.30(4)(b)2. 2. Commercial swine imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4).

ATCP 10.30(4)(b)3. 3. Commercial swine originating from a state designated as a brucellosis stage III state by the federal bureau, unless testing is required under s. ATCP 10.07 (1) (b).

ATCP 10.30(4)(b)4. 4. Commercial swine originating from a validated brucellosis-free herd.