ATCP 12.04(4)(c)
(c) A person who is required to pay a license fee surcharge under par.
(b) shall also pay any license fee that is due under this subsection for the license year in which the person violated sub.
(1).
ATCP 12.04(4)(d)
(d) Payments under pars.
(b) and
(c) do not relieve a person of other civil or criminal liability that may result from a violation of sub.
(1), nor do they constitute evidence of a violation of sub.
(1).
ATCP 12.04(6)
(6) Action on license application. The department shall grant or deny a license application within 30 business days after the applicant submits a complete application under sub.
(3).
ATCP 12.04(7)
(7) Denying, suspending, or revoking a license. The department may deny, suspend, or revoke an animal trucker license for cause, pursuant to s.
93.06 (7), Stats. Cause may include any of the following:
ATCP 12.04(7)(c)
(c) Violation of any provision of ch.
951, Stats., prohibiting crimes against animals.
ATCP 12.04(7)(d)
(d) Preventing a department employee from performing his or her official duties, or interfering with the lawful performance of his or her duties.
ATCP 12.04(7)(e)
(e) Physically assaulting a department employee while the employee is performing his or her official duties.
ATCP 12.04(7)(f)
(f) Improper or unauthorized use of any official tag, brand, or tattoo.
ATCP 12.04(7)(g)
(g) Refusal or failure, without just cause, to produce records or respond to a department subpoena.
ATCP 12.04(8)
(8) Animal trucker responsibilities. An animal trucker shall do all of the following:
ATCP 12.04(8)(e)
(e) Install and use equipment necessary to transport and handle downer animals in a humane manner, as required by s.
ATCP 12.07, if the animal trucker transports downer animals.
ATCP 12.04(8)(f)
(f) Provide adequate food, water, shelter, bedding, and pen space for all animals held more than 12 hours.
ATCP 12.04(8)(g)
(g) Notify the department of any address change within 10 days.
ATCP 12.04(8m)(a)
(a) The department may charge, to the holder of a license under this section, a reinspection fee of $150 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter, or ch.
95, Stats., noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter.
ATCP 12.04(8m)(b)
(b) A reinspection fee under par.
(a) is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal trucker.
ATCP 12.04(9)(a)
(a) No animal trucker may cause or permit the commingling of different animals on the same animal transport vehicle or enclosure if the animals are not of comparable size, or if one species may pose a known disease threat to the other species.
ATCP 12.04(9)(b)
(b) No animal trucker may transport diseased or downer animals with healthy animals on the same animal transport vehicle, unless the entire load is transported directly to a slaughter establishment. If downer animals and other animals are transported to a slaughter establishment in the same animal transport vehicle, the downer animals shall be segregated, or separated by a rigid barrier, from the other animals to prevent injury.
ATCP 12.04 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91; r. and recr. (1), (2), (4) (a), (5), cr. (2m), (2r), (2w), am. (3) (g), (4) (b), (d), r. (6),
Register, March, 1995, No. 471, eff. 4-1-95; am. (2m) (a), (b), (d) and (e),
Register, May, 1999, No. 521, eff. 6-1-99; r. (2) (c) and (2r) (c), am. (2r) (b),
Register, November, 2000, No. 539, eff. 12-1-00;
CR 03-121: r. and recr.
Register September 2004 No. 585, eff. 10-1-04;
CR 04-103: am. (1) and cr. (3) (dm)
Register September 2005 No. 597, eff. 10-1-05;
CR 06-009: am. (2) (c) 3., (4) (a), (c) and (7) (a)
Register September 2006 No. 609, eff. 10-1-06;
CR 07-061: am. (4) (a)
Register June 2008 No. 630, eff. 7-1-09;
CR 07-107: r. (2) (c) 3. and (5)
Register November 2008 No. 635, eff. 12-1-08; correction in (6) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
CR 11-048: cr. (2) (d), (8m)
Register July 2012 No. 679, eff. 8-1-12;
CR 15-092: renum. (2) (b) to (2) (b) 1., cr. (2) (b) 2., am. (9) (a), (b)
Register July 2016 No. 727, eff. 10-1-16;
CR 18-085: am. (9) (a) Register May 2020 No. 773, eff. 6-1-20. ATCP 12.045(1)(a)
(a) No animal market operator, animal dealer, or animal trucker may operate an animal transport vehicle unless each side of the vehicle bears one part of a 2-part annual vehicle registration sticker issued by the department. An annual vehicle registration sticker expires on June 30.
ATCP 12.045(1)(b)
(b) The department may issue an annual vehicle registration sticker under par.
(a) to a licensed animal market operator, animal dealer, or animal trucker who owns or operates the vehicle. If a license holder owns a vehicle operated by another license holder, the license holder that owns the vehicle shall obtain the vehicle registration sticker under par.
(a). If a license holder operates an animal transport vehicle owned by a non-license holder, the license holder that operates that vehicle shall obtain the vehicle registration sticker under par.
(a) as the registrant.
ATCP 12.045(1)(c)
(c) If a registrant under par.
(b) controls the operation of the animal transport vehicle for less than the full registration year, the registrant shall record the name and address of each person who controlled the operation of the vehicle at any time during the year, and the time period during which that person controlled that operation. The registrant shall retain the record for at least 5 years, and shall make it available to the department for inspection and copying upon request.
ATCP 12.045 Note
Note: Subsection (1) applies to animal transport vehicles operated by licensed animal market operators, animal dealers, and animal truckers, regardless of who owns the animals transported in those vehicles.
ATCP 12.045 Note
Under sub. (1) (c), if a registrant leases an animal transport vehicle to or from another person for part of the registration year, the registrant must record the name and address of the other party to the lease, and the time period of the lease.
ATCP 12.045(2)(a)(a) A person shall apply for a vehicle registration sticker under sub.
(1) on a form provided by the department. The person may submit the application with the person's annual license application under s.
ATCP 12.02,
12.03, or
12.04. The application shall include all of the following:
ATCP 12.045(2)(a)1.
1. The person's legal name, and any trade names under which the person does business as an animal market operator, animal dealer, or animal trucker.
ATCP 12.045(2)(a)2.
2. Each address from which the person does business as an animal market operator, animal dealer, or animal trucker.
ATCP 12.045(2)(a)3.
3. Identification of each animal transport vehicle for which the person seeks a registration sticker.
ATCP 12.045(2)(b)
(b) A person may register additional vehicles at any time during a registration year.
ATCP 12.045 Note
Note: A person may obtain an application form under sub. (2) by calling (608) 224-4889, by visiting the department website at
http://datcp.wi.gov, or by writing to the following address:
ATCP 12.045 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 12.045(3)(a)
(a) A person shall pay a non-refundable annual fee of $20 for each vehicle registration sticker under this section.
ATCP 12.045(3)(b)
(b) A person shall pay a registration fee surcharge of $100 if the department determines that, within 365 days prior to submitting a registration application under sub.
(2), the person operated an animal transport vehicle without a registration sticker in violation of sub.
(1).
ATCP 12.045(3)(c)
(c) A person who is required to pay a surcharge under par.
(b) shall also pay any registration fee that is due under par.
(a) for the license year in which the person violated sub.
(1).
ATCP 12.045(3)(d)
(d) Payments under pars.
(b) and
(c) do not relieve a person of other civil or criminal liability that may result from a violation of sub.
(1), nor do they constitute evidence of a violation of sub.
(1).
ATCP 12.045(4)
(4) Action on registration application. The department shall grant or deny an application under sub.
(2) within 30 business days after the department receives a complete application or, if a person submits the application with a license application under s.
ATCP 12.02,
12.03, or
12.04, by the license action deadline. The department shall issue a 2-part registration sticker for each registered vehicle. Each part of the 2-part registration sticker shall identify the registration year for which the 2-part registration sticker is issued.
ATCP 12.045(5)
(5) Denying, suspending, or revoking a registration. The department may deny, suspend, or revoke an animal transport vehicle registration under this section for cause, pursuant to s.
93.06 (7), Stats. Cause may include a violation of this section.
ATCP 12.045(6)
(6) Vehicle requirements. The following requirements apply to every animal transport vehicle for which a registration sticker is required under sub.
(1):
ATCP 12.045(6)(a)
(a) A current registration sticker shall be displayed on both sides of the animal transport vehicle.
ATCP 12.045(6)(b)
(b) The operator of the animal transport vehicle shall display, legibly printed in letters at least 2 inches high and
¼
inches wide, the operator's name, business city, and state, and every current animal trucker license number, animal market license number, and animal dealer license number that the department has issued to the operator on one of the following:
ATCP 12.045(6)(b)2.
2. The animal transport vehicle, in close proximity to the current registration sticker, on both sides of the vehicle.
ATCP 12.045 Note
Note: The vehicle registration stickers must be on the animal transport vehicle itself, not the power unit. The department issues registration stickers in duplicate, so the operator can display identical stickers on both sides of the vehicle.
ATCP 12.045(6)(c)
(c) The vehicle shall be constructed, equipped, and maintained for safe transportation and containment of the types of animals transported.
ATCP 12.045(6)(e)
(e) The vehicle, if used to transport diseased or downer animals, shall be cleaned and disinfected before being used to transport any other animals. The disinfectant shall be used according to label directions.
ATCP 12.045 History
History: Cr.
Register, March, 1995, No. 471, eff. 4-1-95; cr. (1) (c),
Register, November, 2000, No. 539, eff. 12-1-00;
CR 03-121: r. and recr.
Register September 2004 No. 585, eff. 10-1-04;
CR 06-009: am. (3) (c) and (4)
Register September 2006 No. 609, eff. 10-1-06;
CR 07-061: am. (3) (a)
Register June 2008 No. 630, eff. 7-1-09;
CR 07-107: r. and recr. (1), am. (3) (a) and (4)
Register November 2008 No. 635, eff. 12-1-08;
CR 11-048: am. (1) (b), r. and recr. (6)
Register July 2012 No. 679, eff. 8-1-12.
ATCP 12.05
ATCP 12.05
Identification of livestock. ATCP 12.05(1)(a)
(a) Official individual identification. Whenever an animal dealer or animal market operator receives a bovine animal, the animal dealer or market operator shall immediately record the animal's official individual identification. If a bovine animal has no official individual identification at the time of receipt, the animal dealer or market operator shall immediately identify that animal with an official individual identification. This paragraph does not apply to steers, calves under 6 months old, feeder cattle, or bovine animals that are backtagged for slaughter under par.
(b) 1. ATCP 12.05(1)(b)1.1. Whenever an animal dealer, animal market operator, or animal trucker receives any bovine animal for sale or shipment to slaughter, that person shall immediately identify the animal with an official back tag and record the back tag number, unless the bovine animal is a steer or already identified according to par.
(a). If a bovine animal is already identified according to par.
(a), or backtagged at the time of receipt, the person receiving the animal shall record its official identification or back tag number. This paragraph does not apply to an animal trucker that picks up any bovine animals from a farm premises and takes the bovine animals directly to a slaughtering establishment without commingling with bovine animals from other farms.
ATCP 12.05(1)(b)2.
2. Any animal dealer or animal market operator that has a bovine animal that is backtagged for movement to slaughter under subd.
1., but shipment to slaughter does not occur, shall immediately identify that bovine animal with an official individual identification, if not already applied, and record that official individual identification number.
ATCP 12.05 Note
Note: If an animal dealer or trucker hauls bovine animals direct to slaughter or to a slaughter sale held at a licensed market, an official back tag is adequate identification for the animal.
ATCP 12.05(2)(a)
(a) Official individual identification. Whenever an animal dealer or animal market operator receives any swine, the animal dealer or market operator shall immediately record the official individual identification of that swine. If a swine has no official individual identification at the time of receipt, the animal dealer or market operator shall immediately identify that swine with an official individual identification. This paragraph does not apply to market swine or swine that are backtagged for slaughter under par.
(b) 1. ATCP 12.05(2)(b)1.1. Whenever an animal dealer, animal market operator, or animal trucker receives any sow, boar, or stag for sale or shipment to slaughter, that person shall immediately identify the swine with an official swine back tag or premises identification ear tag and record the back tag or ear tag number, if the swine is not already identified according to par.
(a). If a sow, boar, or stag is already identified according to par.
(a), or backtagged or tagged with a premises identification ear tag at the time of receipt, the person receiving the swine shall record its official identification back tag, or ear tag number. This subdivision does not apply to an animal trucker that picks up any swine from a farm premises and takes the swine directly to a slaughtering establishment without commingling with swine from other farms.
ATCP 12.05(2)(b)2.
2. Any animal dealer or animal market operator that has a market swine under sub.
(2) (a) or an animal that is backtagged for movement to slaughter under subd.
1., but shipment to slaughter does not occur, shall immediately identify that animal with an official individual identification, if not already applied, and record that official individual identification number.
ATCP 12.05 Note
Note: If an animal dealer or trucker hauls swine direct to slaughter or to a slaughter sale held at a licensed market, an official back tag or premises identification ear tag is adequate identification for the animal.
ATCP 12.05(3)
(3) Identification of equine animals. Whenever an animal dealer or animal market operator receives any equine animal, the animal dealer or market operator shall immediately record the official individual identification of that equine animal. If an equine animal has no official individual identification when received by an animal dealer or market operator, the animal dealer or market operator shall have a licensed and certified veterinarian prepare a description of that equine animal according to s.
ATCP 12.01 (20) (c).
ATCP 12.05(4)
(4) Identification of sheep. Whenever an animal dealer or animal market operator receives any sheep, the animal dealer or animal market operator shall immediately record the official individual identification of that sheep, if any. If a sheep has no official individual identification when received by an animal dealer or animal market operator, the animal dealer or animal market operator shall immediately identify that sheep with an official individual identification if that identification is required under s.
ATCP 10.70.
ATCP 12.05(5)(a)1.1. Whenever an animal dealer or animal market operator receives any farm-raised deer, the animal dealer or market operator shall immediately record the official individual identification of that farm-raised deer. This paragraph does not apply to farm-raised deer which are backtagged for slaughter under par.
(b).
ATCP 12.05(5)(a)2.
2. No animal dealer or animal market operator may deliver a farm-raised deer to the custody of any other person unless that deer bears 2 individual identifications meeting the requirements of s.
ATCP 10.54 (3) or unless that deer is backtagged under par.
(b) and shipped directly to slaughter.
ATCP 12.05(5)(b)
(b) Slaughter identification. Whenever an animal dealer, animal market operator or animal trucker receives a farm-raised deer for sale or shipment to slaughter, that recipient shall immediately identify that deer with an official back tag or other slaughter identification approved by the department, unless that deer already bears official individual identification or slaughter identification. The animal dealer, animal market operator, or animal trucker shall immediately record the back tag or slaughter identification number.
ATCP 12.05(6)
(6) Identification of goats. Whenever an animal dealer or animal market operator receives any goats, the animal dealer or market operator shall immediately record the official individual identification of that goat, if any. If a goat has no official individual identification when received by an animal dealer or market operator, the animal dealer or market operator shall immediately identify that goat with an official individual identification if that identification is required under s.
ATCP 10.77.
ATCP 12.05 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91; cr. (3), (4),
Register, March, 1995, No. 471, eff. 4-1-95; am. (2) (b),
Register, February, 1996, No. 482, eff. 3-1-96; emerg. cr. (5), eff. 6-3-96; cr. (5),
Register, December, 1996, No. 492, eff. 1-1-97; am. (1) (a), (2) (a), (4) and (5) (b),
Register, November, 2000, No. 539, eff. 12-1-00;
CR 02-078: am. (5) (a) 3.
Register May 2003 No. 569, eff. 6-1-03;
CR 03-121: r. and recr.
Register September 2004 No. 585, eff. 10-1-04;
CR 06-009: am. (4)
Register September 2006 No. 609, eff. 10-1-06;
CR 07-107: am. (4), cr. (6)
Register November 2008 No. 635, eff. 12-1-08;
CR 11-048: am. (2) (b)
Register July 2012 No. 679, eff. 8-1-12;
CR 13-058: am. (1) (b), (3), (5) (a) 2.
Register March 2014 No. 699, eff. 6-1-14;
CR 15-092: am. (1) (a), renum. (1) (b) to (1) (b) 1. and am., cr. (1) (b) 2., am. (2) (a), renum. (2) (b) to (2) (b) 1. and am., cr. (2) (b) 2., am. (5) (b)
Register July 2016 No. 727, eff. 10-1-16;
CR 18-085: am. (1) (b) 1., (2) (a), (b), (5) Register May 2020 No. 773, eff. 6-1-20. ATCP 12.06(1)(1)
Records required. A person operating as an animal market operator, animal dealer, or animal trucker shall keep an accurate record of every animal that the person receives from or delivers to another person.
ATCP 12.06(1m)
(1m) Animal market operator and animal dealer records. The records of an animal market operator and an animal dealer shall include all of the following correlated information related to each animal:
ATCP 12.06(1m)(a)
(a) The name and address of the principal from whom the person received the animal, the date of receipt, and the place of receipt. The record shall also identify the animal trucker, if any, who transported the animal to the place of receipt.
ATCP 12.06(1m)(b)
(b) The name and address of the principal to whom the person delivered the animal, the date of delivery, and the place of delivery. The record shall also identify the animal trucker, if any, who transported the animal to the place of delivery.
ATCP 12.06(1m)(c)
(c) The animal's official individual identification number, if official identification is required under ch.
ATCP 10 or this chapter. If the animal has no official individual identification and is not required to bear official individual identification under ch.
ATCP 10 or this chapter, the record shall identify the species, age, and sex of the animal.
