Register July 2019 No. 763
Chapter ATCP 17
LIVESTOCK PREMISES REGISTRATION
ATCP 17.02 Livestock premises; registration required.
ATCP 17.03 Confidential information.
ATCP 17.04 Contract agent.
ATCP 17.05 Receiving livestock from unregistered locations.
Ch. ATCP 17 Note
Note: This chapter is adopted under authority of ss.
93.07 (1),
93.07 (10),
95.51 (3m) and
(7),
95.55 (6),
95.68 (8),
95.69 (8),
95.71 (8),
95.72 (5),
97.22 (8), and
97.42 (4), Stats. This rule interprets ss.
93.07 (10),
95.51,
95.55,
95.60,
95.68,
95.69,
95.71,
95.72,
97.22, and
97.42, Stats. A person who violates this chapter is subject to applicable penalties and remedies provided in ss.
93.06 (7) and
(8),
95.99,
97.72, and
97.73, Stats. According to s.
95.36 (10), Stats., a violator may also be disqualified from receiving livestock indemnities for which that person might otherwise be eligible under ch.
95, Stats., if the department condemns livestock for disease control purposes.
ATCP 17.01
ATCP 17.01
Definitions. In this chapter:
ATCP 17.01(1)(b)
(b) Township, range, and section numbers, if the location has no street address.
ATCP 17.01(1)(c)
(c) Geographic coordinates, if the location has no street address and no township, range, and section numbers.
ATCP 17.01(8)
(8) “Bovine animal" means beef cattle, dairy cattle, or American bison of any age or sex.
ATCP 17.01(9)
(9) “Captive game birds" means birds of a normally wild type, such as pheasants, quail, wild turkeys, migratory wildfowl, pigeons, and exotic birds raised for hunting, that are raised in captivity. “Captive game birds" does not include poultry or ratites, but does include birds kept pursuant to a license issued under s.
169.15,
169.19,
169.20, or
169.21, Stats.
ATCP 17.01(10)
(10) “Cervid" means a member of the family of animals that includes deer, elk, moose, caribou, reindeer, and the subfamily musk deer. “Cervid” includes all farm-raised deer.
ATCP 17.01(11)
(11) “Clinic" means a place where livestock are kept primarily for purposes of health care or rehabilitation.
ATCP 17.01(12)
(12) “Confidential information" means information that the department is required, under s.
95.51, Stats., and this chapter, to keep confidential.
ATCP 17.01(13)
(13) “Contiguous" means adjacent, or separated only by a transportation corridor, stream, or like feature.
ATCP 17.01(14)
(14) “Contract agent" means a person who acts on behalf of the department, pursuant to a written contract with the department.
ATCP 17.01 Note
Note: The department may contract with an agent to process registrations under this chapter, and to manage registration information on behalf of the department. The contract agent must comply with this chapter and the agent's contract with the department. The contract must include provisions specified in this chapter, including provisions related to confidentiality of information collected under this chapter. See ss.
ATCP 17.03 and
17.04.
ATCP 17.01(17)
(17) “Department" means the Wisconsin department of agriculture, trade and consumer protection.
ATCP 17.01 Note
Note: The department's contract agent may act on behalf of the department, to the extent authorized under this chapter and the agent contract. See s.
ATCP 17.04.
ATCP 17.01(18)
(18) “Farm-raised deer” has the meaning given in s.
95.001 (1) (ag), Stats., but does not include a cervid kept by an institution accredited by the association of zoos and aquariums.
ATCP 17.01(20)
(20) “Fish farm" means a facility, at which a person hatches fish eggs or keeps live fish, which is required to be registered under s.
ATCP 10.61.
ATCP 17.01(22)
(22) “Keep livestock" means to own, feed, house, confine, or care for livestock, or to exercise legal or physical control over livestock. “Keep livestock" does not include the quarantine or confinement of livestock by the department or by the United States department of agriculture.
ATCP 17.01 Note
Note: At any given time, several persons may be “keeping" the same livestock. For example, livestock owned by Person A might be fed and cared for by Person B on property owned and maintained by Person C.
ATCP 17.01(23)
(23) “Livestock" means bovine animals, equine animals, goats, poultry, sheep, swine other than wild hogs, farm-raised deer, captive game birds, South American camelids, ratites, and fish from a fish farm.
ATCP 17.01(24)
(24) “Livestock exhibition” means a state, county, or district fair, or an event at which livestock from different premises are exhibited to the public at a common location.
ATCP 17.01(25)
(25) “Location" means a parcel of real estate in this state, or a group of 2 or more contiguous parcels of real estate in this state, on which livestock are kept.
ATCP 17.01(27)
(27) “Person" means an individual, corporation, partnership, cooperative, limited liability company, trust, or other legal entity.
ATCP 17.01(28)
(28) “Poultry" means domesticated fowl commonly used for human food, including domesticated chickens, turkeys, geese, ducks, guinea fowl, squab, ratites, and captive game birds.
ATCP 17.01(29)
(29) “Premises" means a location that a person registers under a single premises code.
ATCP 17.01(32)
(32) “Ratite" means a member of the group of flightless birds that includes the ostrich, emu, cassowary, kiwi, and rhea.
ATCP 17.01(33)
(33) “Register" means to apply for and obtain from the department a premises registration certificate under s.
ATCP 17.02.
ATCP 17.01(36)
(36) “Slaughter establishment” means a facility to slaughter animals that is licensed and inspected by the department or USDA.
ATCP 17.01 History
History: CR 04-103: cr.
Register September 2005 No. 597, eff. 10-1-05;
CR 06-009: am. (19) and (20)
Register September 2006 No. 609, eff. 10-1-06;
CR 06-028: am. (1) (c)
Register November 2006 No. 611, eff. 12-1-06;
CR 07-107: am. (8) and (28)
Register November 2008 No. 635, eff. 12-1-08;
CR 13-063: am. (9), r. (19)
Register April 2014 No. 700, eff. 5-1-14; correction in (16) made under s.
13.92 (4) (b) 7., Stats.,
Register September 2018 No. 753;
CR 18-018: r. (2) to (7), am. (10), r. (15), (16), r. and recr. (18), am. (20), (23), (24), r. (26), am. (29), r. (31), am. (33), r. (34), (35), am. (36), Register July 2019 No. 763, eff. 8-1-19. ATCP 17.02
ATCP 17.02
Livestock premises; registration required. ATCP 17.02(1)(a)(a) Except as provided in par.
(b), a person may not keep livestock at a location in this state unless that location is registered under this section. There is no fee to register. A registration expires every third July 31 after July 31, 2013.
ATCP 17.02 Note
Note: Once a person completes an initial registration, subsequent registrations will be relatively simple. The department will send the registrant a renewal application form (or directions on how to renew) prior to the renewal deadline. The renewal transaction may be conducted by phone, mail, online, or by e-mail if an e-mail address has been provided. There is no fee for an initial or renewal registration.
ATCP 17.02(1)(b)
(b) An individual may keep livestock at a location in this state without registering the location under par.
(a), provided all of the following apply:
ATCP 17.02(1)(b)1.
1. The individual files with the department an affidavit swearing or affirming that the individual is a member of, and follows, an established religion whose tenets and teachings include a sincerely held religious belief opposing registration of a livestock premises as required by s.
95.51 (2), Stats.
ATCP 17.02(1)(b)2.
2. The individual provides the name and requested contact information of a religious leader who can verify that the religion's tenets and teachings oppose registering a livestock premises.
ATCP 17.02(1)(b)4.
4. If additional livestock types are obtained, the individual agrees to contact the department within 7 days to state what livestock are being kept.
ATCP 17.02(1)(c)
(c) In addition to the requirements under par.
(b), an individual shall file with the department, on a form provided by the department, all the following information:
ATCP 17.02(1)(c)1.
1. The individual's complete name and spouse's complete name, if married.
ATCP 17.02(1)(c)3.
3. The address where livestock are kept, if different than the mailing address.
ATCP 17.02(1)(c)4.
4. The individual's county of residence and the county of the livestock premises.
ATCP 17.02(1)(c)5.
5. The individual's telephone number, or if the individual does not own a telephone, the telephone number of a contact who can reach the individual in an emergency, if available.
ATCP 17.02 Note
Note: A person may obtain a form from the department using the information below:
ATCP 17.02 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
ATCP 17.02 Note
2811 Agriculture Drive
ATCP 17.02 Note
P.O. Box 8911
ATCP 17.02 Note
Madison, WI 53708-8911
ATCP 17.02 Note
Phone: (608) 224-4872
ATCP 17.02(2)(a)
(a) If 2 or more persons are involved in keeping livestock at the same location, one of those persons shall register that location. A person is not required to register a location that is currently registered by another person. A premises registration by one person does not prevent other persons from keeping livestock on the registered premises.
ATCP 17.02 Note
Note: For example, if Person A feeds and cares for livestock owned by Person B, on premises owned by Person C, any one of those persons may register the premises (the others need not). Likewise, if Person X pastures livestock on land that Person Y owns and also uses to pasture livestock, either person may register that pasture (the other need not).
ATCP 17.02(2)(b)
(b) A person may not register a premises that is currently registered by another person. The department may transfer a current registration from the current registrant to another person if the department finds that the other person is licensed to operate the premises under other applicable law, is more directly engaged in operating the premises, or can provide more definitive knowledge of livestock movements to and from the premises. The department shall notify the current registrant and give the current registrant a chance to comment before transferring a registration to another person.
ATCP 17.02(2)(c)
(c) A person who keeps livestock at multiple locations shall register each of those locations as a separate premises so each location has its own premises code.
ATCP 17.02(3)
(3) How to register. A person shall register in one of the following ways:
