Chapter ATCP 12

ATCP 12.06(3) (3) Auctioneer records. An auctioneer who is exempt from licensing as an animal dealer under s. ATCP 12.03 (2) (f) shall nevertheless keep all of the records required under subs. (1) and (1m) for livestock sold by the auctioneer at an exempt auction. The auctioneer shall retain the records for at least 5 years, and shall make the records available to the department for inspection and copying upon request.

ATCP 12.06 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (1) (b) 5. and (c) 5., Register, September, 1993, No. 453, eff. 10-1-93; am. (1) (a), (b) (intro.), 2. and 5., (c) (intro.), 1., 2. and 5., (d), (2) (a), (b) 1., 2., (c) 1., 2., Register, March, 1995, No. 471, eff. 4-1-95; emerg. am. (1) (b) 2., 3., (c) 2.,3., (2) (b) 2., 3., (c) 2. and 3.; am. (1) (b) 2., 3., (c) 2., 3., (2) (b) 2. and (c) 2., Register, December, 1996, No. 492, eff. 1-1-97; reprinted to correct error in (1), Register, March, 1997, No. 495; r. and recr. (1), renum. (2) to be (3) and am. (3) (e), cr. (2), 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. (1) (intro.) and (h), cr. (1) (bc) Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (1) (bc) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1) (intro.), renum. (1) (a) to (i) to be (1m) (a) to (i), am. (1m) (c) as renum., cr. (1s), am. (2), (3) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (1s) (e), cr. (1s) (g) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: r. (1m) (bc), am. (1m) (d), r. (1s) (c), am. (1s) (e) Register July 2016 No. 727, eff. 10-1-16; CR 18-086: am. (1) (f), (h), cr. (1m) (f), (k), am. (2) Register May 2020 No. 773, eff. 6-1-20; correection in (1m) (k) made under s. 35.17, Stats., Register May 2020 No. 773.

ATCP 12.07 ATCP 12.07 Handling downer animals. If an animal goes down while in the possession of an animal market operator, animal dealer, or animal trucker, the downer animal may not be dragged or pulled by the neck or other extremity, or subjected to any other mistreatment or abuse. Downer animals shall be confined in separate holding pens and shall be segregated from healthy animals or separated by a rigid barrier when transported in any vehicle. A downer animal may not be held for more than 24 hours by any animal market operator, animal dealer, or animal trucker before the downer animal is sent for rendering or euthanized in a humane manner.

ATCP 12.07 Note Note: A carcass must be disposed of in a manner consistent with s. 95.50, Stats.

ATCP 12.07 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 03-121: am. (2) Register September 2004 No. 585, eff. 10-1-04; CR 11-048: r. (1), renum. (2) to be 12.07 and am. Register July 2012 No. 679, eff. 8-1-12.

ATCP 12.08 ATCP 12.08 Prohibited conduct. No person may:

ATCP 12.08(1) (1) Knowingly make any false report or statement to the department concerning:

ATCP 12.08(1)(a) (a) The ownership, identification, age, vaccination status, test status, or health status of livestock; or

ATCP 12.08(1)(b) (b) The purchase, sale, or movement of an animal.

ATCP 12.08(2) (2) Sell or move any animal in violation [of] ch. ATCP 10 or this chapter, or any order issued under ch. ATCP 10 or this chapter.

ATCP 12.08(3) (3) Buy, sell, lease, or exchange animals in the name of any person other than a licensed animal dealer, a licensed animal market operator, or the person holding or acquiring an ownership or leasehold interest in the animal.

ATCP 12.08(4) (4) Transport any animal without certificates of veterinary inspection, permits, or other documents required by this chapter, ch. ATCP 10, ch. 169, Stats., or 9 CFR Part 86.

ATCP 12.08(5) (5) Fail or refuse, upon reasonable demand by any authorized agent of the department, to permit access to a premises or vehicle or the examination of:

ATCP 12.08(5)(a) (a) Animals in transit; or

ATCP 12.08(5)(b) (b) Health or shipping documents accompanying animals in transit and any other records required under this chapter.

ATCP 12.08(6) (6) Fail to provide any relevant report or document relating to the transportation of animals or any official individual identification of an animal purchased, sold, or transported.

ATCP 12.08(7) (7) Knowingly cause or permit a susceptible healthy animal to commingle with a diseased animal while in transit, unless the entire load of animals is shipped directly to a slaughtering establishment for slaughter, or the commingling is authorized by the department.

ATCP 12.08(8) (8) Cause or permit the commingling of different animals during transit if the animals are not of a comparable size, or if one species may pose a known disease threat to the other species.

ATCP 12.08(9) (9) Advertise or claim to be licensed as an animal market operator, animal dealer, or animal trucker unless the claim or advertisement is true.

ATCP 12.08(10) (10) Receive interstate shipments of bovine animals or swine as a federally approved livestock marketing facility unless the market qualifies as a federally approved livestock marketing facility under s. ATCP 10.07 (4).

ATCP 12.08(12) (12) Use any brand or tattoo device for official identification purposes, without authorization from the department.

ATCP 12.08(13) (13) Park or store a vehicle containing animal remains or animal waste in any place where it creates a health hazard or a public nuisance.

ATCP 12.08(14) (14) Deposit animal remains or animal waste in any place where the deposit creates a health hazard or public nuisance.

ATCP 12.08(15) (15) Conduct business as an animal dealer without carrying or posting a dealer identification card issued by the department. The dealer identification card shall be readily available for inspection upon request.

ATCP 12.08(16) (16) Sell, move, or dispose of any live animal that has been tested for a disease identified in ch. ATCP 10 Appendix A or B, before the result of that test is known.

ATCP 12.08(17) (17) Transport animals for more than 12 hours without providing potable water.

ATCP 12.08(18) (18) Transport equine animals in a vehicle which is not of adequate size.

ATCP 12.08 Note Note: Equine animals over 14 hands high should not ordinarily be transported in a vehicle which is less than 6 feet high.

ATCP 12.08(19) (19) Knowingly deliver, for use as food or feed, any animals which:

ATCP 12.08(19)(a) (a) Contain prohibited residues of drugs, hormones, steroids, antibiotics, pesticides, or other food or feed adulterants.

ATCP 12.08(19)(b) (b) Have been treated with any product listed under par. (a), if the delivery violates an applicable withholding period specified on the product label.

ATCP 12.08(20) (20) Deliver a downer animal to an animal market, animal dealer, or slaughter plant, or remove a downer animal from an animal market or animal dealer premises, without a drug certificate signed by the animal’s current owner.

ATCP 12.08(21) (21) Falsify a drug certificate.

ATCP 12.08(22) (22) Administer any drug, hormone, steroid, antibiotic, or pesticide to an animal without the owner’s knowledge or authorization.

ATCP 12.08(23) (23) Make any false statements on any application for an original or renewal license under this chapter.

ATCP 12.08(24) (24) Physically assault a department employee while the employee is performing his or her official duties.

ATCP 12.08(25) (25) Transport dead livestock, except in compliance with s. 95.72 (7) (a), Stats.

ATCP 12.08(26) (26) Falsify, remove, alter, or tamper with any official identification or official back tag.

ATCP 12.08(27) (27) Use electric prods on neonatal or other baby animals or hit such animals with any type of solid object that may cause injury, pain or stress to the animal.

ATCP 12.08(28) (28) Misrepresent to any person the age, identity, origin, or disease status of any animal, or of the herd from which an animal originates.

ATCP 12.08 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; cr. (23), Register, September, 1993, No. 453, eff. 10-1-93; r. and recr. (2) and (10), r. (11), am. (12), cr. (24), Register, November, 2000, No. 539, eff. 12-1-00; CR 03-121: am. (1) (b), (3), (4), (8), (9), (15), (16), (19) (intro.), (20) and (22) Register September 2004 No. 585, eff. 10-1-04; CR 06-009: r. and recr. (2), am. (4), (10) and (19) (intro.), cr. (25) and (26) Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (6) Register November 2008 No. 635, eff. 12-1-08; CR 08-075: am. (10) Register April 2009 No. 640, eff. 5-1-09; CR 11-048: am. (7), (8), r. and recr. (16) Register July 2012 No. 679, eff. 8-1-12; CR 15-092: am. (10), cr. (27) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (4), (5) (intro.), (b), (6), (8), (26), cr. (28) Register May 2020 No. 773, eff. 6-1-20.

ATCP 12.09 ATCP 12.09 Waiver. The department may, in response to a written request, grant a written waiver from a requirement under this chapter if the department finds that the waiver is reasonable and necessary, is consistent with objectives of this chapter, and will not conflict with state law. The waiver shall be issued in writing, shall include the department’s findings, and shall include the specific terms of the waiver, including any time limit on the waiver. A request for a waiver shall include information to show that the waiver is justified under this section. The state veterinarian, or that person’s designee, shall sign each waiver under this section. The department may not grant a waiver from a statutory requirement.

ATCP 12.09 History History: CR 15-092: cr. Register July 2016 No. 727, eff. 10-1-16.