Wisconsin Legislature: ATCP 10.51(2)(b)1.

1. An accredited tuberculosis-free herd.

2. A tuberculosis monitored herd.

3. A tuberculosis qualified herd.

(b) To acquire and maintain certification, a keeper of farm-raised deer shall comply with applicable requirements in the tuberculosis uniform methods and rules.

Note: 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

(c) A tuberculosis herd certification may cover multiple herds of farm-raised deer of one deer keeper or farm-raised deer of multiple deer keepers if all of the farm-raised deer included in the certification are commingled and managed as one herd for disease control purposes. This paragraph does not apply to herds considered by the department to be medically separated herds.

(1m) Certification fee. Every application for certification under sub. (1) or (4) shall include a nonrefundable application fee of $150 for a 3-year certification. This fee may be prorated for certifications of less than 3 years.

(3) Suspending or revoking certification.

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

1. Any farm-raised deer in the herd tests positive for tuberculosis.

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

3. Any farm-raised deer 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.

Note: A keeper of farm-raised deer may request a hearing on a suspension or revocation under sub. (3), pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for a hearing does not automatically stay a summary suspension or revocation.

(4) Certification transferred, or issued based on source herd certification. The department may not transfer a herd certification under sub. (1) to another herd or herd registrant, or certify a herd based solely on prior certification of another herd from which the herd received its farm-raised deer, unless all of the following apply:

(a) The herd registrant applies for the new or transferred certification not later than 90 days after the registrant first acquires farm-raised deer from the prior certified herd.

(b) The herd meets applicable requirements for certification under sub. (1).

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: cr. (1m) Register June 2008 No. 630, eff. 7-1-09; CR 07-107: cr. (4) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: renum. (1) to be (1) (a) and am., cr. (1) (b), (c), r. (2), am. (1m), (3) (a) 2. Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (1m) Register March 2014 No. 699, eff. 6-1-14; CR 18-085: am. (3) (a) 3. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.50 Brucellosis in farm-raised deer. Brucellosis testing and control requirements are specified under s. ATCP 10.052.

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 10.51 Farm-raised deer; brucellosis herd certification.

(1) Certification.

(a) The department may certify a herd of farm-raised deer as a certified brucellosis-free herd based on 2 consecutive whole herd tests that are negative for brucellosis. The whole herd tests shall be conducted 9 to 15 months apart. Each whole herd test shall include all sexually intact farm-raised deer, at least 6 months old, which are in the herd at the time of the test.

(b) The department may certify a herd of farm-raised deer as a brucellosis monitored herd if the herd qualifies for that certification under the brucellosis uniform methods and rules.

(c) A brucellosis herd certification may cover multiple herds of farm-raised deer of one deer keeper or farm-raised deer of multiple deer keepers if all of the farm-raised deer included in the certification are commingled and managed as one herd for disease control purposes. This paragraph does not apply to herds considered by the department to be medically separated herds.

(2) Maintaining certification.

(a) Except as provided in par. (b) or (c), a herd certification under sub. (1) expires 36 months after the date on which it is issued.

(b) The department may change the expiration date under par. (a) if all of the following apply:

1. The keeper of the farm-raised deer requests the change.

2. The new expiration date occurs before the original expiration date.

3. All test-eligible farm-raised deer in the herd test negative for brucellosis within 3 months before or after the new expiration date.

(c) The department may issue a subsequent herd certification under sub. (1) for a 36-month period beginning immediately after the applicable herd certification expiration date under par. (a) or (b) if the herd keeper submits proof that all test-eligible farm-raised deer in the herd have tested negative for brucellosis within 3 months before or after that expiration date.

(d) Test methods and procedures under pars. (b) and (c) shall comply with the brucellosis uniform methods and rules.

(e) Except as provided in pars. (a) to (c), a herd certification under sub. (1) is contingent upon compliance with the brucellosis uniform methods and rules.

(2m) Every application for certification under sub. (1), (2), or (4) shall include a nonrefundable application fee of $150 for a 3-year certification. The department may prorate the fee for certification of less than 3 years.

(3) Suspending or revoking certification.

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

1. A farm-raised deer in the herd tests positive for brucellosis.

2. The keeper of the farm-raised deer fails to comply with sub. (2).

(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 keeper of farm-raised deer may request a hearing on a suspension or revocation notice under sub. (3), pursuant to s. 227, Stats., and ch. ATCP 1. A request for a hearing does not automatically stay a summary suspension or revocation.

(a) The herd registrant applies for the new or transferred certification not later than 90 days after the registrant first acquires farm-raised deer from the prior certified herd.

(b) The herd meets applicable requirements for certification under sub. (1).

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: cr. (1m) Register June 2008 No. 630, eff. 7-1-09; EmR0822: emerg. r. and recr. (1) and (2), eff. 7-9-08; CR 07-107: r. and recr. (1) and (2), cr. (4) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1) (title), cr. (1) (c), r. (1m), cr. (2m) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (2m) Register March 2014 No. 699, eff. 6-1-14; correction in (2m) made under s. 35.17, Stats., Register March 2014 No. 699; CR 18-085: am. (2) (c) Register May 2020 No.773, eff. 6-1-20.

ATCP 10.52 Chronic wasting disease in farm-raised deer.

(1) Test-eligible farm-raised deer. A farm-raised deer is a test-eligible deer if it is either of the following:

(a) At least 16 months old.

(b) At least 12 months old if enrolled in the chronic wasting disease herd status program under s. ATCP 10.53, unless a different age is required under USDA rules.

(1m) Testing required. A person who keeps farm-raised deer in this state shall have a chronic wasting disease test performed on test-eligible farm-raised deer according to this section:

(a) A farm-raised deer keeper whose herd is enrolled in the chronic wasting disease herd status program under s. ATCP 10.53 shall have a chronic wasting disease test performed on each of the following test-eligible farm-raised deer:

1. A farm-raised deer that dies or is killed intentionally, including escaped deer, while kept by that person.

2. A farm-raised deer that the person ships directly to a slaughtering establishment, according to any of the following:

a. If the deer is from a herd with less than five years of status in the chronic wasting disease herd status program under s. ATCP 10.53, all deer shipped to a slaughtering establishment.

b. If the deer is from a herd that has at least five years of status in the chronic wasting disease herd status program under s. ATCP 10.53, 25% of the farm-raised deer shipped to a slaughtering establishment.

Note: A hunting ranch certified under s. ATCP 10.47 that is enrolled in the chronic wasting disease herd status program under s. ATCP 10.53 must comply with par. (a).

(b) A farm-raised deer keeper whose herd is not enrolled in the chronic wasting disease herd status program under s. ATCP 10.53 shall have a chronic wasting disease test performed on all of the following test-eligible farm-raised deer:

1. Fifty percent of farm-raised deer that are killed intentionally, including by hunt on a hunting ranch registered under s. ATCP 10.47.

2. All farm-raised deer that die by accidental death or natural causes, and whose remains are testable, on the premises while kept by that person.

3. Twenty-five percent of all farm-raised deer that are sent to a slaughtering establishment.

4. All escaped farm-raised deer that are killed intentionally.

(c) A farm-raised deer keeper who receives farm-raised deer but does not own the deer shall test that deer for chronic wasting disease as specified under par. (a) regardless of whether the keeper’s herd is enrolled in the chronic wasting disease herd status program.

(d) A farm-raised deer keeper whose herd is enrolled in the chronic wasting disease herd status program under s. ATCP 10.53, and moves a deer to another location owned by the farm-raised deer keeper, shall test that deer for chronic wasting disease as specified under par. (a).

(2) Moving live farm-raised deer from herds in this state. No person may move a live farm-raised deer from a herd in this state unless the movement complies with s. ATCP 10.56 (1).

(3) Collecting test samples.

(a) A chronic wasting disease test under sub. (1m) shall be performed on a tissue sample that complies with all of the following requirements:

1. The tissue sample shall be collected by a qualified person under sub. (4).

2. The tissue sample shall be collected within 7 calendar days after the farm-raised deer dies or is killed or slaughtered, or within 7 calendar days after its death is first discovered.

3. Except as provided in par. (b), the tissue sample shall be collected before any part of the farm-raised deer carcass leaves the premises where the farm-raised deer died, or was killed or slaughtered.

(b) A keeper of farm-raised deer who holds a valid herd registration certificate under s. ATCP 10.46 (1) may separate the head of a farm-raised deer carcass from the rest of the carcass, and may ship the head to the person who collects the test sample under sub. (1m), if the keeper identifies both the head and the rest of the carcass according to s. ATCP 10.46 (13) before either the head or the rest of the carcass leaves the herd premises.

1. Comply with standard procedures established by the department or the federal bureau when collecting or submitting the test sample.

1m. Label the test sample with the number of the official individual identification, or if the official individual identification number is not available, the back tag, official slaughter identification approved by the department, or dead tag of the farm-raised deer from which the sample was collected. All identification tags and numbers from the animal shall accompany the test sample.

2. Submit the test sample as follows:

a. If the collector of a test sample is a veterinarian, to a laboratory approved under sub. (5) within 10 calendar days of collecting the sample.

b. If the collector is not a veterinarian, to a veterinarian for submission to a laboratory under par. (d) within 9 calendar days after the farm-raised deer dies or is killed or slaughtered.

(d) A certified veterinarian who accepts a test sample from a test sample collector under this section shall submit the test sample to a laboratory approved under sub. (5) within 10 calendar days of receipt.

(4) Persons qualified to collect test samples.

(a) A person may not collect a test sample under sub. (1m) unless the department verifies that the person has successfully completed, within 5 years prior to the sample collection date, sample collection training approved by the department and the person is one of the following:

1. A Wisconsin certified veterinarian.

2. An employee of the department or the federal bureau.

3. A person approved by the department or the federal bureau.

4. A registered farm-raised deer keeper, an employee of a farm-raised deer keeper’s deer farm, or a registered farm-raised deer keeper’s immediate family member.

Note: Only farm-raised deer keepers registered as individuals or married couples would have immediate family members eligible to be qualified CWD test sample collectors. Other types of legal entities do not have immediate family members.

(ag) For persons eligible under par. (a) 1. and 4. for qualification as a test sample collector under this subsection, an application shall include a nonrefundable application fee of $50. The application fee is waived for persons eligible under par. (a) 2. and 3. All qualifications under this subsection expire on June 30, 2018, and every fifth year thereafter. Except as authorized under par. (ar), a person eligible as an employee of a farm-raised deer keeper may only be qualified by the department to perform sample collection for the employing farm-raised deer keeper, and may not collect test samples for any other farm-raised deer keeper. A person may reapply to be a qualified test sample collector after expiration by successfully completing a chronic wasting disease test sample collection training approved by the department, and submitting a nonrefundable application fee of $50.

(ar) An employee of a registered farm-raised deer keeper who qualifies as a test sample collector may transfer that employee’s qualification to perform sample collections to qualification on another farm-raised deer keeper’s deer farm, if the new employing farm-raised deer keeper requests the transfer from the department.

(b) The department may by written notice, without prior notice of hearing, disqualify a person from collecting samples under sub. (1m), or from accepting or submitting samples under sub. (3) (c) 2. a. and (d). The notice shall specify the reason for the disqualification. The department may disqualify a person if the person lacks required qualifications, fails to collect samples that are consistently testable, leaves the employment of a farm-raised deer keeper, or fails to meet other responsibilities under this chapter. A disqualified person may not collect test samples under sub. (1m), accept test samples under sub. (3) (d) or submit test samples under sub. (3) (c) 2. a. A disqualified person may later apply to be a qualified chronic wasting disease test sample collector only after successfully completing training offered or approved by the department. Successful completion of training under this paragraph also allows a certified veterinarian to accept and submit samples under sub. (3) (c) 2. a. and (d).

Note: A disqualified person may request a hearing on a disqualification under par. (b), pursuant to s. 227, Stats., and ch. ATCP 1. A request for a hearing does not automatically stay a summary disqualification.