Chapter ATCP 10

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.

ATCP 10.53(2)(c) (c) The herd location street address and county. If the street address is not available, the county, town, section, and fire number assigned to that location.

ATCP 10.53(2)(d) (d) A report of a complete herd census completed no more than 30 days prior to the date of application. The applicant shall submit the census report on a form provided by the department. The census report shall include all the following:

ATCP 10.53(2)(d)1. 1. The number, species, and sex of farm-raised deer in the herd.

ATCP 10.53(2)(d)4. 4. The 2 individual identifications of each farm-raised deer that meet the requirements under s. ATCP 10.54 (3).

ATCP 10.53(2)(d)5. 5. The month and year of birth of each farm-raised deer.

ATCP 10.53(2)(e) (e) A written statement, by a Wisconsin certified veterinarian, which certifies all of the following:

ATCP 10.53(2)(e)1. 1. That the veterinarian is the herd veterinarian, having established a valid veterinarian-client relationship with the herd keeper and a valid veterinarian-patient relationship with the herd.

ATCP 10.53(2)(e)2. 2. That no farm-raised deer in the herd has shown any clinical signs of chronic wasting disease in the past 12 months.

ATCP 10.53 Note Note: A person may obtain an application form under sub. (2) by calling [phone], by visiting the department website at http://datcp.wi.gov, or by writing to the following address:

ATCP 10.53 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.53(2)(f) (f) A physical herd inventory verifying the herd census and completed by the herd veterinarian or an authorized agent of the department listing each farm-raised deer’s 2 individual identifications that meet the requirements under s. ATCP 10.54 (3).

ATCP 10.53(3) (3) Action on application. The department shall grant or deny an application under sub. (2) within 30 days after the department receives a complete application. Except as provided in sub. (9), a herd is enrolled on the day that the department accepts the application. The department shall notify the herd keeper of the enrollment date.

ATCP 10.53(4) (4) Continued enrollment. A person who enrolls a herd in the status program under this section shall do all the following to continue that enrollment:

ATCP 10.53(4)(a) (a) Identify every farm-raised deer in the herd with 2 individual identifications that meet the requirements under s. ATCP 10.54 (3) before the farm-raised deer is one year old.

ATCP 10.53(4)(b) (b) Have a chronic wasting disease test performed, according to s. ATCP 10.52.

ATCP 10.53(4)(c) (c) Notify the herd veterinarian within 24 hours after observing any signs or symptoms of chronic wasting disease in the herd.

ATCP 10.53(4)(d) (d) Complete an annual herd census and file a report of that herd census under sub. (5).

ATCP 10.53(4)(e) (e) Create and maintain complete herd records under sub. (6).

ATCP 10.53(4)(f) (f) Provide the department with an annual written statement from the herd veterinarian. A Wisconsin certified veterinarian shall sign and submit the statement within 30 days before or after the anniversary of the herd’s enrollment under sub. (3). The statement shall certify all the following:

ATCP 10.53(4)(f)1. 1. That the veterinarian is the herd veterinarian, having established a valid veterinarian-client relationship with the herd keeper and a valid veterinarian-patient relationship with the herd.

ATCP 10.53(4)(f)2. 2. That the herd has not had any signs of chronic wasting disease, or any positive test results for chronic wasting disease, in the past 12 months.

ATCP 10.53(4)(g) (g) Report any escapes from the herd, and any returns of escaped farm-raised deer to the herd, as required by s. ATCP 10.46 (12).

ATCP 10.53 Note Note: Under s. ATCP 10.46 (12), if a farm-raised deer escapes from a herd enrolled in the chronic wasting disease herd status program, and is returned to the herd more than 120 hours after the escape, it loses its status under the program and is treated as a new addition to the herd. That will adversely affect the program status of the entire herd.

ATCP 10.53 Note A more stringent rule applies if the farm-raised deer escapes into a wild deer disease control area. If that escaped farm-raised deer is returned to the herd more than 24 hours after the escape, it loses its status under the program and is treated as a new addition to the herd. That will adversely affect the program status of the whole herd.

ATCP 10.53 Note If an escaped farm-raised deer is not returned to the herd, there is no effect on the program status of the herd, except as provided in sub. (7).

ATCP 10.53(4)(h) (h) Submit a physical herd inventory completed by the herd veterinarian or an authorized agent of the department at least once every 3 years. Each farm-raised deer in the herd shall have 2 individual identifications which meet the requirements of s. ATCP 10.54 (3). Each farm-raised deer keeper with a herd enrolled in the herd status program under this section shall submit the first complete physical herd inventory by December 31, 2015.

ATCP 10.53(5) (5) Annual herd census. A person shall complete an annual herd census under sub. (4) (d) within 30 days before or after the anniversary of the herd’s enrollment under sub. (3). The person shall file an annual census report under sub. (4) (d), on a form provided by the department, within 10 days after completing the annual herd census. The report shall include all of the following:

ATCP 10.53(5)(a) (a) A whole herd census that shall include all of the following:

ATCP 10.53(5)(a)3. 3. The species, sex, and month and year of birth of all farm-raised deer in the herd.