Chapter ATCP 10

ATCP 10.32(2)(b) (b) Exemption. Paragraph (a) does not apply if any of the following apply:

ATCP 10.32(2)(b)1. 1. The swine are moved directly to a slaughtering establishment for slaughter or directly to an animal market to be sold at a sale where all swine on the market premises are shipped directly to a slaughtering establishment.

ATCP 10.32(2)(b)2. 2. The swine are moved to one fair or exhibition under s. ATCP 10.87 prior to being shipped directly to slaughter or directly to an animal market to be sold at a sale where all swine on the market premises are shipped directly to a slaughtering establishment.

ATCP 10.32(2)(b)3. 3. 3. Commercial swine moving directly to an animal market, if all swine on the market premises the day of the sale are shipped directly to slaughter.

ATCP 10.32 Note Note: Any swine included under s. NR 16.11 (3) may not be held or kept without specific authorization from the DNR. See s. 169.11 (1) (b), Stats.

ATCP 10.32 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (title), (1) (intro.) Register July 2012 No. 679, eff. 8-1-12; CR 17-011: renum. (1) to (1) (a) and am. (intro.), renumber (2) to (1) (b) and am. (intro.), (4), cr. (2) Register January 2018 No. 745 eff. 2-1-18; correction in (1), (1) (a), (2), (2) (a) titles made under s. 13.92 (4) (b) 2., Stats., and correction in (2) (a) 2., 3., (b) (title) made under s. 35.17, Stats., Register January 2018 No. 745; CR 18-085: am. (2) (title), (a), (b) 1., 2., cr. (2) (b) 3. Register May 2020 No. 773, eff. 6-1-20.

subch. V of ch. ATCP 10 Subchapter V — Equine Animals

ATCP 10.35 ATCP 10.35 Equine infectious anemia.

ATCP 10.35(1) (1) Sale of equine animal; testing required.

ATCP 10.35(1)(a) (a) Except as provided in par. (b), no person may purchase, sell, or transfer ownership of any equine animal in this state unless the animal has tested negative for equine infectious anemia within 12 months from the date the blood was drawn for the test to the date of purchase, sale, or transfer and the official test report accompanies the animal.

ATCP 10.35(1)(b) (b) Paragraph (a) does not apply to any of the following:

ATCP 10.35(1)(b)1. 1. A nursing foal accompanying its dam.

ATCP 10.35(1)(b)2. 2. An equine animal sold directly to a slaughtering establishment for slaughter.

ATCP 10.35(1)(b)3. 3. An equine animal consigned or sold to an animal dealer, provided the animal dealer ships the animal directly to slaughter or has the animal tested for equine infectious anemia within 10 days after its consignment or sale to the dealer. Until the negative equine infectious anemia test results are obtained, the animal dealer may not consign or sell the animal or move the animal from the animal dealer premises or allow the animal to commingle with any other animal on the premises.

ATCP 10.35(1)(b)4. 4. An equine animal consigned or sold to an animal market operator, provided that the animal market operator ships the animal directly to slaughter or has the animal tested for equine infectious anemia within 4 days after it arrives at the animal market premises. Until the negative equine infectious anemia test results are obtained, an equine animal may not leave the market premises and may not be commingled with any other animal on the premises.

ATCP 10.35(2) (2) Who may collect test sample. A person who collects an equine infectious anemia test sample, for purposes of this chapter or ch. ATCP 12, shall be one of the following:

ATCP 10.35(2)(a) (a) An accredited veterinarian. If the veterinarian performs the test in this state, the veterinarian shall also be a Wisconsin certified veterinarian.

ATCP 10.35(2)(b) (b) An authorized employee or agent of the department or the federal bureau.

ATCP 10.35(3) (3) Sample identification and testing. A person who collects an equine infectious anemia test sample shall identify the sample with the official individual identification of the equine animal from which the sample was collected. Equine infectious anemia tests shall be conducted at a laboratory approved by the department or the federal bureau.

ATCP 10.35(4) (4) Test positive and exposed animals.

ATCP 10.35(4)(a) (a) No person may move an equine animal that tests positive for equine infectious anemia, except as provided in this section. The department shall summarily quarantine every test positive animal. The quarantine notice shall include all of the following:

ATCP 10.35(4)(a)1. 1. Notice of the positive equine infectious anemia test.

ATCP 10.35(4)(a)2. 2. Notice that the owner or custodian may request a retest under sub. (5).

ATCP 10.35(4)(a)3. 3. Notice that the state veterinarian may issue a branding order under sub. (6).

ATCP 10.35(4)(a)4. 4. Notice of quarantine conditions, including the conditions under pars. (e) and (f).

ATCP 10.35(4)(b) (b) If the department finds that a test positive animal under par. (a) has participated in an event where it could have exposed other equine animals, the department shall notify the event sponsor. The event sponsor shall notify other event participants their animals may have been exposed.

ATCP 10.35(4)(c) (c) The department may summarily quarantine any of the following:

ATCP 10.35(4)(c)1. 1. Equine animals kept on the same premises with a test positive animal under par. (a).

ATCP 10.35(4)(c)2. 2. Equine animals that may have been exposed to a test positive animal under par. (a).

ATCP 10.35(4)(d) (d) A quarantine under par. (a) or (c) shall comply with s. ATCP 10.91.

ATCP 10.35(4)(e) (e) An equine animal quarantined under par. (a) or (c) shall be kept in a stall or other facility from which flies are effectively excluded, or at least 300 yards from all equine animals that are not known to be infected.

ATCP 10.35 Note Note: Equine infectious anemia is spread by biting flies.

ATCP 10.35(4)(f) (f) No person may move, sell, or transfer custody of an equine animal quarantined under par. (a) or (c) without a permit under s. ATCP 10.89 (6).

ATCP 10.35 Note Note: A person adversely affected by a quarantine under par. (a) or (c) may, within 30 days after the quarantine is served, request a hearing on the quarantine as provided in s. ATCP 10.89 (6). A request for hearing does not automatically stay a quarantine notice.

ATCP 10.35(5) (5) Retest.

ATCP 10.35(5)(a) (a) The department shall retest an animal quarantined under sub. (4) (a) if, within 10 days after the quarantine notice is served, the owner of the quarantined animal files a written retest request with the department and pays a retest fee of $25. A retest request does not stay a quarantine notice under sub. (4) (a).

ATCP 10.35(5)(b) (b) A veterinarian employed by the department or the federal bureau shall collect the test sample for any retest under par. (a). The veterinarian shall verify that the retested animal is the same animal originally tested. The veterinarian shall collect the retest sample at least 14 days after the department receives the retest request, but not more than 45 days after the initial test sample was collected.

ATCP 10.35(5)(c) (c) If a retest result is negative, the department may do any of the following:

ATCP 10.35(5)(c)1. 1. Release the quarantine issued under sub. (4) (a).

ATCP 10.35(5)(c)2. 2. Conduct additional testing to clarify the disease status of the animal.

ATCP 10.35(6) (6) Branding order.

ATCP 10.35(6)(a) (a) The state veterinarian shall issue a branding order for each test positive animal quarantined under sub. (4) (a), unless one of the following applies:

ATCP 10.35(6)(a)1. 1. The time for requesting a retest, or a hearing on the quarantine order, has not yet expired.

ATCP 10.35(6)(a)2. 2. A person has made a timely request for hearing on the quarantine order, and the contested case proceeding is not yet completed.

ATCP 10.35(6)(a)3. 3. A person has made a valid request for a retest under sub. (5), and the retest is not yet completed.

ATCP 10.35(6)(a)4. 4. A retest fails to confirm the initial test result.

ATCP 10.35(6)(a)5. 5. The state veterinarian is restrained by a judicial order, or by order of the department secretary or administrative law judge under ch. ATCP 1.

ATCP 10.35(6)(a)6. 6. The department has released its quarantine under sub. (4) (a).

ATCP 10.35(6)(a)7. 7. The state veterinarian determines that branding is not appropriate or necessary.

ATCP 10.35(6)(b) (b) A branding order under par. (a) shall be served on the owner and on the custodian of the animal to be branded. A veterinarian employed by the department or the federal bureau shall execute the branding order by applying a “35a” freeze brand to the left side of the animal’s neck. The veterinarian may not execute the branding order sooner than 14 days after the branding order is served on the owner and custodian of the animal, unless the owner and custodian consent in writing to the branding. No person may, except by judicial or administrative process, prevent the lawful execution of a branding order under this paragraph.

ATCP 10.35 Note Note: A person adversely affected by a branding order may request a hearing on the order, pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay the branding order.

ATCP 10.35(6)(d) (d) An equine animal branded under par. (b) shall be kept in a stall or other facility from which flies are effectively excluded, or at least 300 yards from all equine animals that are not known to be infected.

ATCP 10.35 Note Note: Equine infectious anemia is spread by biting flies.

ATCP 10.35 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (1) (a), r. (6) (c) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: cons. (1) (a) (intro.) and 1. and renum. to (1) (a) and am., r. (1) (a) 2., am. (1) (b) 3. Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (1) (a) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (b) 3., 4. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.36 ATCP 10.36 Equine animals; imports.

ATCP 10.36(1) (1) Certificate of veterinary inspection; requirement. Except as provided in sub. (2), no person may import an equine animal into this state unless the animal is accompanied by a valid certificate of veterinary inspection. The certificate shall include all of the following:

ATCP 10.36(1)(a) (a) The official individual identification of the equine animal.

ATCP 10.36(1)(b) (b) A report of a negative test for equine infectious anemia if required by sub. (3).

ATCP 10.36(2) (2) Certificate of veterinary inspection; exemptions. Subsection (1) does not apply to any of the following:

ATCP 10.36(2)(a) (a) An animal imported directly to a slaughtering establishment for slaughter.

ATCP 10.36(2)(c) (c) An animal imported directly to a veterinary facility for treatment, provided that the animal is returned to its place of origin immediately after treatment.

ATCP 10.36(2)(d) (d) An animal returning to its place of origin in this state immediately after treatment in a veterinary facility outside this state.

ATCP 10.36(2)(e) (e) An animal imported for a trail ride, horse show, or exhibition if all the following apply:

ATCP 10.36(2)(e)1. 1. Ownership does not change while the animal is in this state.

ATCP 10.36(2)(e)2. 2. The animal remains in this state for no more than 7 days.

ATCP 10.36(2)(e)3. 3. The animal is accompanied by a report of a negative equine infectious anemia test that complies with sub. (3).

ATCP 10.36(2)(e)4. 4. The animal originates from a state that allows Wisconsin equine animals to attend trail rides, horse shows, or exhibitions in that state under similar conditions.

ATCP 10.36(3) (3) Equine infectious anemia test; requirement. Except as provided in sub. (4), no person may import any equine animal into this state unless the animal has tested negative on an equine infectious anemia test conducted no more than 12 months from the date the blood was drawn for the test to the date the animal is imported into this state.

ATCP 10.36(4) (4) Equine infectious anemia test; exemptions. Subsection (3) does not apply as specified under s. ATCP 10.35 (1) (b) and as follows:

ATCP 10.36(4)(c) (c) An animal imported directly to a veterinary facility for treatment, provided that the animal is returned to its place of origin immediately after treatment.

ATCP 10.36(4)(d) (d) An animal returning to its place of origin in this state immediately after treatment in a veterinary facility outside this state.

ATCP 10.36(5) (5) Equine infectious anemia; test positive animals.

ATCP 10.36(5)(a) (a) No person may import an equine animal that has tested positive for equine infectious anemia.

ATCP 10.36(5)(b) (b) If an equine animal tests positive for equine infectious anemia under s. ATCP 10.35 (1) (b) 3. or 4. after it enters this state, the owner or custodian of the animal shall do one of the following:

ATCP 10.36(5)(b)1. 1. Euthanize the animal on the premises where it is located.

ATCP 10.36(5)(b)2. 2. Ship the animal directly to a slaughtering establishment for slaughter, pursuant to a department permit under s. ATCP 10.08 (3).

ATCP 10.36(5)(b)3. 3. Return the animal to its state of origin, pursuant to a department permit under s. ATCP 10.08 (3).

ATCP 10.36 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 13-058: cons. (3) (intro.) and (a) and renum. to (3) and am., r. (3) (b), am. (4) (b) (intro.), 1., 2. Register March 2014 No. 699, eff. 6-1-14; CR15-092: am. (3) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (4) (intro.), r. (4) (a), (b), (e), am. (5) (b) (intro.) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.37 ATCP 10.37 Foreign equine imports; quarantine station.

ATCP 10.37(1) (1) Equines at risk for equine metritis.

ATCP 10.37(1)(a) (a) No person may receive in this state any stallion or mare imported from another nation in which contagious equine metritis has been reported unless all of the following apply:

ATCP 10.37(1)(a)1. 1. The stallion or mare is imported directly to an approved equine quarantine station in a sealed vehicle that has been sealed at a place, and by an agent, approved by the federal bureau. The vehicle seal may not be removed, except at an approved equine quarantine station by an authorized employee or agent of the department.

ATCP 10.37(1)(a)2. 2. The applicant pays a nonrefundable $100 permit fee and the department issues a permit under s. ATCP 10.07 (2) authorizing the import shipment. A copy of the permit shall accompany the shipment.

ATCP 10.37(1)(b) (b) All equine animals, including test mares, which are received at an approved equine quarantine station shall be identified with an official individual identification.

ATCP 10.37(2) (2) Quarantine. An imported equine animal received at an approved equine quarantine station is automatically quarantined until the department releases the quarantine. A quarantined animal may not be removed from the quarantine station, or commingled with other equine animals at the quarantine station, except that a written agreement under sub. (5) may permit contact between a quarantined stallion and a test mare. A test mare that has been in contact with an imported quarantined stallion is also quarantined until the department releases the quarantine.

ATCP 10.37(3) (3) Approved equine quarantine station; permit. A quarantine station does not qualify as an approved equine quarantine station unless the operator holds a current annual permit from the department. Each permit shall bear a livestock premises code. A permit expires on June 30 of each year. An operator shall apply for a permit on a form provided by the department. The department shall grant or deny a permit application within 90 days after it receives a complete application. An application shall include all of the following:

ATCP 10.37(3)(a) (a) The legal name and mailing address of the applicant, and any trade or business name under which the applicant operates the quarantine station.

ATCP 10.37(3)(b) (b) A statement indicating whether the applicant is an individual, corporation, partnership, cooperative, limited liability company, trust, or other legal entity.

ATCP 10.37(3)(c) (c) The location of the quarantine station, by street address and county, or if the address is not available, by county, town, section, and fire number.