ATCP 17.02 History
History: CR 04-103: cr.
Register September 2005 No. 597, eff. 10-1-05;
CR 06-009: am. (2) (c) 3. and 8.
Register September 2006 No. 609, eff. 10-1-06;
CR 07-107: am. (1), (2) (b), (4) (d), (5) (d) and (6) (a), r. and recr. (2) (c), (4) (h) 1. and 8. to 10, cr. (4) (bm), r. (4) (h) 11. and 12.
Register November 2008 No. 635, eff. 12-1-08;
CR 12-024: renum. (1) to (1) (a) and am., cr. (1) (b), (c)
Register May 2013 No. 689, eff. 6-1-13;
CR 18-018: r. and recr. (2) (c), am. (3) (intro.), (a), (b), cr. (3) (c), r. (4) (e), am. (4) (f), (h) 9., (5) (a), (b), (c), r. (5) (d), am. (6) (a), (c), r. (6) (d), am. (7), Register July 2019 No. 763, eff. 8-1-19. ATCP 17.03(1)(1)
General. Except as provided in subs.
(2) to
(4), premises registration information received by the department or its contract agent under s.
ATCP 17.02 is confidential and may not be disclosed to any other person or agency.
ATCP 17.03 Note
Note: A premises code is not confidential because it is not received from the registrant but is issued by the department. A premises code, by itself, does not reveal any information received from a registrant.
ATCP 17.03(2)
(2) Information required by other laws. Subsection
(1) does not apply to information that a person is required to provide to the department under other law. This subsection does not authorize disclosure of information that is protected from disclosure under other law.
ATCP 17.03 Note
Note: For example, information that was required of license holders and was open to public inspection prior to the effective date of the livestock premises registration law, s.
95.51, Stats., remains open to public inspection. But premises registration information required for the first time under s.
95.51, Stats., or this chapter must be kept confidential.
ATCP 17.03(3)
(3) Authorized disclosure. The department may disclose, to any of the following, information that a registrant provides under s.
ATCP 17.02:
ATCP 17.03(3)(b)
(b) The animal and plant health inspection service of the United States department of agriculture, if the animal and plant health inspection service agrees not to disclose the information except in situations in which the department is authorized to disclose the information.
ATCP 17.03(3)(d)
(d) To another person or agency, or to the public, if the department believes that the release is necessary to prevent or control disease, to enforce laws under its jurisdiction, or to protect public health, safety, or welfare. The department may disclose information under this paragraph subject to any confidentiality requirements that the department considers necessary under the circumstances.
ATCP 17.03(4)(a)
(a) The department may create aggregate information, such as maps and statistics, from registration information obtained under s.
ATCP 17.02. Except as provided in par.
(b), the department may disclose that aggregate information to another person or agency, or to the public.
ATCP 17.03(4)(b)
(b) The department may not disclose aggregate information under par.
(a) that does any of the following, unless that information qualifies for disclosure under sub.
(2) or
(3):
ATCP 17.03(4)(b)1.
1. Discloses the street address, section number, geographic coordinates of any premises, or the identity of any registrant.
ATCP 17.03(4)(b)2.
2. Makes it possible to deduce with certainty the street address, section number, or geographic coordinates of any premises, or the identity of any registrant.
ATCP 17.03 Note
Note: For example, the department may not disclose a detailed map that permits readers to deduce with certainty the street address, section number, or geographic coordinates of any premises, or the identities of registrants whose premises are portrayed by points on the map. However, the department may disclose less detailed maps.
ATCP 17.03(5)
(5) Disclosure by contract agent. The department may authorize its contract agent to disclose, on behalf of the department, information that the department is authorized to disclose under this section, except that the department may not authorize its contract agent to release aggregate information.
ATCP 17.03 History
History: CR 04-103: cr.
Register September 2005 No. 597, eff. 10-1-05;
CR 06-028: am. (4) (b)
Register November 2006 No. 611, eff. 12-1-06.
ATCP 17.04(1)(1)
General. The department may contract with an agent to process registrations, manage registration information, and perform other functions on behalf of the department under this chapter. The contract agent shall comply with this chapter and the contract.
ATCP 17.04(2)
(2) Contract. A contract under sub.
(1) shall specify applicable terms and conditions, including all of the following:
ATCP 17.04(2)(a)
(a) The services that the contract agent will perform for the department, and the price for which the contract agent will perform those services.
ATCP 17.04(2)(b)
(b) The scope of authority that the department delegates to the contract agent for the purpose of performing the services under par.
(a), and relevant limits on that authority.
ATCP 17.04(2)(c)
(c) The registration process and forms approved under sub.
(3), if the contract agent will process registrations on behalf of the department.
ATCP 17.04(2)(d)
(d) Terms related to information disclosure and confidentiality, including the terms specified in sub.
(4).
ATCP 17.04(2)(e)
(e) Terms related to information management, including the terms specified in sub.
(5).
ATCP 17.04(2)(f)
(f) Terms related to contract agent actions that may affect or impair the administration of this chapter, including the terms specified in subs.
(6) to
(8).
ATCP 17.04(2)(g)
(g) Provisions related to contract termination, including the terms specified in sub.
(9).
ATCP 17.04(2)(h)
(h) Standard contract terms required by the state of Wisconsin.
ATCP 17.04(3)
(3) Approved registration process. A contract agent that processes livestock premises registrations on behalf of the department shall use a process and forms approved by the department. The hard-copy or on-line registration process shall be conducted under the name of the department, not the contract agent. The contract agent may not supplement or modify the registration process or forms, or charge any registration fee, without the department's written approval. The contract agent may not make solicitations or promotional communications to registrants in connection with the registration process, other than communications that the department requires for purposes of registration under this chapter.
ATCP 17.04(4)(a)(a) A contract agent may not use or disclose any information that it acquires as the department's contract agent under this chapter without the department's written approval.
ATCP 17.04(4)(b)
(b) A contract agent shall specifically identify the individuals who, on behalf of the contract agent, may have access to confidential information. Each of those individuals shall sign a personal confidentiality agreement with the department and shall comply with that agreement. No other persons employed or affiliated with the contract agent may have access to confidential information.
ATCP 17.04(4)(c)
(c) No contract agent or individual affiliated with a contract agent may use or disclose information in violation of this chapter, the agency contract, or an individual confidentiality agreement under par.
(b).
ATCP 17.04(5)
(5) Managing information. A contract agent that holds information under this chapter on behalf of the department shall do all of the following:
ATCP 17.04(5)(a)
(a) Comply with applicable state standards related to the storage, handling, and disposition of state records. A contract agent may not dispose of information collected or held under this chapter, except as authorized by the department pursuant to a state records disposal authorization under s.
16.61, Stats.
ATCP 17.04(6)(a)
(a) A contract agent may not collect any information under color of its agency agreement with the department, without the department's written authorization to collect that information.
ATCP 17.04(6)(b)
(b) Paragraph
(a) does not prohibit a contract agent from doing any of the following on its own behalf, and not as an agent of the department:
ATCP 17.04(6)(b)1.
1. Contacting registrants that it identifies from sources other than registrations under this chapter.
ATCP 17.04(6)(b)2.
2. Soliciting and receiving information voluntarily provided by registrants that the contract agent identifies under subd.
1. The contract agent shall disclose, to each registrant from whom it requests information, that the information is not required by state law and is not being collected on behalf of the department.
ATCP 17.04(6)(c)
(c) A contract agent who collects information under par.
(b) shall keep that information separate from any confidential information that the contract agent keeps on behalf of the department.
ATCP 17.04(7)
(7) Prohibited practices. A contract agent may not do any of the following:
ATCP 17.04(7)(a)
(a) Under color of its agency contract with the department, and without the department's written authorization, ask a registrant for permission to use or release confidential information.
ATCP 17.04(7)(b)
(b) Represent, directly or by implication, that it is acting within its authority as the department's contract agent unless that representation is true.
ATCP 17.04(8)(a)
(a) A contract agent shall avoid any conflict of interest that may affect the integrity of the livestock premises registration program under this chapter, or the contract agent's faithful performance of its obligations. The contract agent shall disclose to the department any actual or potential conflict of interest.
ATCP 17.04(8)(b)
(b) A contract agent may not use for private financial or business advantage confidential information that it acquires under this chapter as an agent of the department.
ATCP 17.04(8)(c)
(c) No individual having access to confidential information under this chapter may use that information for personal financial advantage or for the financial advantage of any person or organization with which he or she is affiliated.
ATCP 17.04(9)(a)
(a) The department may terminate a contract under sub.
(1) at any time, with or without cause.
ATCP 17.04(9)(b)
(b) If a contract under sub.
(1) expires or is terminated by either party, the contract agent shall promptly return to the department all of the information that the contract agent holds on behalf of the department.
ATCP 17.05
ATCP 17.05
Receiving livestock from unregistered locations. ATCP 17.05(1)(1)
Prohibition. Except as provided in sub.
(2), no person may receive, for purposes of sale, exhibition, or slaughter, livestock from a location that is required to be registered under s.
ATCP 17.02 or an equivalent law in another state, unless that location is registered according to this chapter or an equivalent law in the other state.
ATCP 17.05(2)
(2) Application contingent upon reciprocity. Subsection
(1) does not apply to any person, or to any receipt of livestock for a purpose identified in sub.
(1), unless the United States department of agriculture or all of the states surrounding Wisconsin prohibit persons in those surrounding states from receiving livestock for that purpose from unregistered locations in this state that are required to be registered under s.
ATCP 17.02. The surrounding states are Minnesota, Iowa, Illinois, and Michigan.
ATCP 17.05 History
History: CR 04-103: cr.
Register September 2005 No. 597, eff. 10-1-05.
