Chapter ATCP 10

ATCP 10.51(2)(b) (b) The department may change the expiration date under par. (a) if all of the following apply:

ATCP 10.51(2)(b)1. 1. The keeper of the farm-raised deer requests the change.

ATCP 10.51(2)(b)2. 2. The new expiration date occurs before the original expiration date.

ATCP 10.51(2)(b)3. 3. All test-eligible farm-raised deer in the herd test negative for brucellosis within 3 months before or after the new expiration date.

ATCP 10.51(2)(c) (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.

ATCP 10.51(2)(d) (d) Test methods and procedures under pars. (b) and (c) shall comply with the brucellosis uniform methods and rules.

ATCP 10.51(2)(e) (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.

ATCP 10.51(2m) (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.

ATCP 10.51(3) (3) Suspending or revoking certification.

ATCP 10.51(3)(a) (a) The department may, by written notice, summarily suspend or revoke a herd certification under sub. (1) if any of the following occur:

ATCP 10.51(3)(a)1. 1. A farm-raised deer in the herd tests positive for brucellosis.

ATCP 10.51(3)(a)2. 2. The keeper of the farm-raised deer fails to comply with sub. (2).

ATCP 10.51(3)(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 10.51 Note 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.

ATCP 10.51(4) (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:

ATCP 10.51(4)(a) (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.

ATCP 10.51(4)(b) (b) The herd meets applicable requirements for certification under sub. (1).

ATCP 10.51 History 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 ATCP 10.52 Chronic wasting disease in farm-raised deer.

ATCP 10.52(1) (1) Test-eligible farm-raised deer. A farm-raised deer is a test-eligible deer if it is either of the following:

ATCP 10.52(1)(a) (a) At least 16 months old.

ATCP 10.52(1)(b) (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.

ATCP 10.52(1m) (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:

ATCP 10.52(1m)(a) (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:

ATCP 10.52(1m)(a)1. 1. A farm-raised deer that dies or is killed intentionally, including escaped deer, while kept by that person.

ATCP 10.52(1m)(a)2. 2. A farm-raised deer that the person ships directly to a slaughtering establishment, according to any of the following:

ATCP 10.52(1m)(a)2.a. 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.

ATCP 10.52(1m)(a)2.b. 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.

ATCP 10.52 Note 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).

ATCP 10.52(1m)(b) (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:

ATCP 10.52(1m)(b)1. 1. Fifty percent of farm-raised deer that are killed intentionally, including by hunt on a hunting ranch registered under s. ATCP 10.47.

ATCP 10.52(1m)(b)2. 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.

ATCP 10.52(1m)(b)3. 3. Twenty-five percent of all farm-raised deer that are sent to a slaughtering establishment.

ATCP 10.52(1m)(b)4. 4. All escaped farm-raised deer that are killed intentionally.

ATCP 10.52(1m)(c) (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.

ATCP 10.52(1m)(d) (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).

ATCP 10.52(2) (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).

ATCP 10.52(3) (3) Collecting test samples.

ATCP 10.52(3)(a) (a) A chronic wasting disease test under sub. (1m) shall be performed on a tissue sample that complies with all of the following requirements:

ATCP 10.52(3)(a)1. 1. The tissue sample shall be collected by a qualified person under sub. (4).

ATCP 10.52(3)(a)2. 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.

ATCP 10.52(3)(a)3. 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.

ATCP 10.52(3)(b) (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.

ATCP 10.52(3)(c) (c) A person who collects or submits a test sample under this section shall do all of the following:

ATCP 10.52(3)(c)1. 1. Comply with standard procedures established by the department or the federal bureau when collecting or submitting the test sample.

ATCP 10.52(3)(c)1m. 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.

ATCP 10.52(3)(c)2. 2. Submit the test sample as follows:

ATCP 10.52(3)(c)2.a. 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.

ATCP 10.52(3)(c)2.b. 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.

ATCP 10.52(3)(d) (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.

ATCP 10.52(4) (4) Persons qualified to collect test samples.

ATCP 10.52(4)(a) (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:

ATCP 10.52(4)(a)1. 1. A Wisconsin certified veterinarian.

ATCP 10.52(4)(a)2. 2. An employee of the department or the federal bureau.

ATCP 10.52(4)(a)3. 3. A person approved by the department or the federal bureau.

ATCP 10.52(4)(a)4. 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.

ATCP 10.52 Note 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.

ATCP 10.52(4)(ag) (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.

ATCP 10.52(4)(ar) (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.

ATCP 10.52(4)(b) (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).

ATCP 10.52 Note 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.

ATCP 10.52(4)(c) (c) No person may misrepresent, directly or by implication, that any person is qualified to collect test samples under sub. (1m).

ATCP 10.52(5) (5) Approved laboratories. Tests under sub. (1m) shall be performed at a laboratory that the department and the federal bureau have approved to conduct chronic wasting disease tests.

ATCP 10.52(6) (6) Reporting test results. Whenever any person receives a laboratory test result that is positive for chronic wasting disease, that person shall report that test result according to s. ATCP 10.03.

ATCP 10.52 Note Note: The reporting requirement under sub. (6) applies to any laboratory test result that is positive for chronic wasting disease, not just the result of a test required under sub. (1m). Telephone and FAX reports should be made to the following numbers:

ATCP 10.52 Note Phone: [phone]
FAX: [phone]

ATCP 10.52 Note Written reports should be made to the following address:

ATCP 10.52 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI. 53708-8911

ATCP 10.52(6m) (6m) Verifying test results. A keeper of farm-raised deer may verify the identity of the farm-raised deer that was reported as being positive for chronic wasting disease through genetic testing of the farm-raised deer, in a procedure approved by the department.

ATCP 10.52(7) (7) Herd quarantine. The department shall quarantine a farm-raised deer herd under s. ATCP 10.89, whenever any farm-raised deer from that herd tests positive for chronic wasting disease. The herd may be quarantined up to 5 years from the date the last farm-raised deer in the herd tested positive for chronic wasting disease. The department shall conduct an epidemiological evaluation of the quarantined herd to determine the appropriate disposition of the herd.

ATCP 10.52(7m) (7m) Herd or individual farm-raised deer quarantine. Based on the epidemiological evaluation under sub. (7), the department may quarantine a herd or individual farm-raised deer traced back or forward from the herd in which a farm-raised deer tested positive for chronic wasting disease. The quarantine issued for a farm-raised deer or herd shall remain in effect up to five years from the date of the last possible exposure to a farm-raised deer that tested positive for chronic wasting disease under sub. (7).

ATCP 10.52(8) (8) Condemned farm-raised deer.

ATCP 10.52(8)(a) (a) The department may order the slaughter or destruction of farm-raised deer, as provided in s. 95.23 (1m) or 95.31, Stats. An order may do all of the following:

ATCP 10.52(8)(a)1. 1. Specify a reasonable deadline for the slaughter or destruction.

ATCP 10.52(8)(a)2. 2. Direct appropriate disease testing and disposition of the carcasses.

ATCP 10.52(8)(a)3. 3. Require the herd owner or custodian to enter into a premises plan agreement under par. (b), within a time period specified in the order, as a condition to the payment of indemnities under par. (c). The terms of a premises plan agreement may be contingent on the outcome of disease testing.

ATCP 10.52(8)(b) (b) A premises plan agreement under par. (a) 3. may require the herd owner or custodian to clean and disinfect the herd premises, limit future cervid movement to and from the premises, or comply with other requirements that are reasonably designed to prevent the spread of disease. An agreement may include a restrictive covenant, such as a fence maintenance requirement, that is binding on subsequent property owners for the duration of the agreement.

ATCP 10.52(8)(c) (c) The owner of farm-raised deer slaughtered or destroyed pursuant to a department order under par. (a) may request an indemnity as provided in s. 95.23 (1m) or 95.31, Stats. The owner shall file the request with the department, on a form provided by the department. The request shall include proof of compliance with the department’s order under par. (a).

ATCP 10.52 Note Note: A person may obtain an application form under par. (c) by calling [phone], by visiting the department website at http://datcp.wi.gov, or by writing to the following address:

ATCP 10.52 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53718

ATCP 10.52(9) (9) Keeper shall notify veterinarian. Whenever a keeper of farm-raised deer observes signs or symptoms of chronic wasting disease in any animal in the herd, the keeper shall report the signs or symptoms to a Wisconsin certified veterinarian. The keeper shall make the report within 24 hours after observing the signs or symptoms.

ATCP 10.52 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (1) (intro.), r. and recr. (3) (a), (c) 2. and (8) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: renum. (1) to be (1m) and am., cr. (1), am. (3) (a) (intro.), (b), (c), (4) (a) (intro.), (b), (c), (5) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: renum. (1) to (1) (intro.), (a), and (b); (1m) (b) 1. to (1m) (b) 1., 2.; (b) 2. to (1m) (b) 3.; (1m) (b) 3. to (1m) (b) 4.; (3) (c) 2. to (3) (c) 2. (intro.) and (a) and am. (1) (intro.), (a), (b), (1m) (b) 1., 2., 4., (3) (c) 2. (intro.), (a)., cr. (3) (c) 2. b., (d), am. (4) (a) (intro.), cr. (4) (a) 4., (ag), (ar), am. (4) (b), (7) Register March 2014 No. 699, eff. 6-1-14; CR15-092: am. (1m) (a) 1., renum. (1m) (a) 2. to (1m) (a) 2. (intro.) and am., cr. (1m) (a) 2. a., b., am. (1m) (b) 1. to 3., r. and recr. (1m) (b) 4., cr. (3) (c) 1m., (6m), am. (7), cr. (7m) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: cr. (1m) (c), (d), am. (3) (c) (intro.), 1., 1m., 2. a., b., (d), (4) (b), renum. (7) to (7) (title) (a), am. (7m), (8) (a) 3. Register May 2020 No. 773, eff. 6-1-20; renum. (7) (title) (a) to (7) under s. 13.92 (4) (b) 1., Stats., and correction in (7m) made under s. 13.92 (4) (b) 7., Stats., Register May 2020 No. 773.

ATCP 10.53 ATCP 10.53 Farm-raised deer; chronic wasting disease herd status program.

ATCP 10.53(1) (1) General. A person who keeps farm-raised deer in this state and holds a valid farm-raised deer keeper registration under s. ATCP 10.46 may enroll the herd in the chronic wasting disease herd status program under this section.

ATCP 10.53 Note Note: No person may move a live farm-raised deer from a herd in this state unless the herd is enrolled in the status program under this section. See ss. ATCP 10.52 (2) and 10.56 (1).

ATCP 10.53(1m) (1m) Herd status, multiple herds. A chronic wasting disease herd status 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 herd status are commingled and managed as one herd for disease control purposes. This subsection does not apply to herds considered by the department to be medically separated herds.

ATCP 10.53(2) (2) Application. To enroll a herd in the status program under this section, a person shall submit an application on a form provided by the department. The application shall include all the following:

ATCP 10.53(2)(a) (a) The name, address, and telephone number of the herd owner, and any trade names under which the herd owner does business.

ATCP 10.53(2)(b) (b) The name, address, and telephone number of the herd custodian, if other than the herd owner.