Wisconsin Legislature: ATCP 10.31(2)(a)5.

3. Commercial swine originating from a state designated as a pseudorabies stage IV or V state by the federal bureau, unless testing is required under s. ATCP 10.07 (1) (b).

4. An import shipment of commercial swine that includes no breeder swine or show pigs, if the person receiving that shipment tests a representative statistical sample of these swine for pseudorabies. The person shall test the statistical sample not less than 30 days nor more than 45 days after the swine enter this state. The person shall isolate all of the imported swine until the sample swine test negative for pseudorabies.

5. Micro pigs imported directly to a laboratory pursuant to an import permit under sub. (9).

(7) Slaughter swine imported from pseudorabies stage i or ii state. No person may import slaughter swine from a state designated as a pseudorabies stage I or II state by the federal bureau unless all the following apply:

(a) The swine are shipped in a sealed vehicle directly to a slaughter establishment.

(b) The swine are accompanied by a completed federal bureau form VS 1-27 and an import permit issued by the department under s. ATCP 10.07 (2).

Note: Federal bureau form VS 1-27 must be completed by an accredited veterinarian, an authorized state animal health official, or the federal bureau.

(8) Commercial swine imported from pseudorabies stage i or ii state.

(a) Separation from breeding stock. All of the following requirements apply to commercial swine imported for finish feeding prior to slaughter, from a state designated as a pseudorabies stage I or II state by the federal bureau, and to all swine commingled with those swine:

1. The swine shall at all times be kept separate from breeding stock.

2. The swine may not be removed from the premises where they are received for feeding in this state, except for direct shipment to slaughter.

(9) Laboratory import permit. The department may issue an import permit under s. ATCP 10.07 (2) authorizing the import of micro pigs directly to a laboratory in this state, subject to all of the following conditions which shall be stated in the permit:

(a) The laboratory shall use the micro pigs for bona fide scientific research, studies or tests.

(b) The micro pigs shall be imported to the laboratory in a closed, biologically controlled environment that keeps the pigs biologically isolated from other swine.

(d) The laboratory operator shall euthanize all of the micro pigs at the end of the study, test, or experiment, and shall dispose of all carcasses in a manner that prevents biological exposure to other swine.

(10) Garbage-fed swine; import prohibited. Swine fed on raw commercial garbage may not be imported into this state for slaughter or any other purpose. Swine fed on cooked commercial garbage may not be imported into this state unless the department first issues an import permit under s. ATCP 10.07 (2) that identifies the imported swine as swine fed on cooked commercial garbage.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (1) (b) 2., 3., 4., (2) (b) 2., 3., 4., (3) (b) 2., 3., 4., 6., (4) (b) 2., 3., 4., 6., (5) (b) 2., (6) (b) 2., 3., 4., 5., (8) (title) and (a) (intro.), (9) (intro.) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (1) (a) 3., cr. (1) (a) 3m. Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (1) (b) 2., (2) (b) 2., (3) (b) 2., (4) (b) 2., (6) (b) 2. Register July 2016 No. 727, eff. 10-1-16; CR 17-011: r. and recr. (1) (a) 3., r. (1) (a) 3m., am. (1) (b) 2., (2) (b) 2., 3., cr. (2) (b) 5., renum. (2) (d) to (2) (d) 1. and am., cr. (2) (d) 2., Register January 2018 No. 745 eff. 2-1-18; CR 18-085: am. (1) (a) 3., (b) 3., (2) (b) 3. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (a) 3 a. made under s. 35.17, Stats., Register May 2020 No. 773.

ATCP 10.31 Slaughter swine identification.

(1) Identification required. Except as provided in sub. (3), a slaughtering establishment operator shall do all the following whenever that person receives a sow, boar, or stag for slaughter:

(a) If the animal meets either of the following criteria, identify the swine with an official swine back tag, a premises identification number ear tag or other approved slaughter identification, unless the swine already bears an official individual identification or slaughter identification:

1. The animal does not pass the inspection process completed by state or federal inspectors.

2. The animal is tested for disease.

(b) If the animal meets the criteria under par. (a) 1. or 2., make a record under sub. (2) for that swine.

(2) Record.

(a) A record under sub. (1) (b) shall include all the following:

1. The swine’s official individual identification or slaughter identification number.

2. The date on which the swine was received.

4. The name and address of the person from whom the swine was received.

5. The swine’s class.

(b) The record under par. (a) shall be retained for at least 5 years, and shall be made available to the department for inspection and copying upon request.

(3) Low-volume slaughter establishments; exemption. The department may, by written notice, exempt a slaughtering establishment from sub. (1) if all the following apply:

(a) The slaughtering establishment receives all of its swine directly from producers.

(b) The slaughtering establishment records the herd of origin of every swine slaughtered.

(c) The slaughtering establishment slaughters not more than 100 swine per day, and operates no more than 5 days per week.

Note: Animal identification requirements for animal truckers, animal markets, and animal dealers are specified under ch. ATCP 12.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 15-092: am. (1) (intro.), (a), (2) (a) 1., 3., (b) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (intro.), renum. (1) (a) to (1) (a) (intro.) and am., cr. (1) (a) 1., 2., am. (1) (b), r. (2) (a) 3. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.32 Moving commercial swine in Wisconsin.

(1) Pseudorabies.

(a) Test required. Except as provided in par. (b), no person may move commercial swine within this state unless all of the following apply:

1. The swine have tested negative on a pseudorabies test conducted not more than 30 days prior to the intrastate movement.

2. A copy of the negative test report under par. (a) accompanies the swine. The operator of a swine growth performance test station shall keep copies of pseudorabies test reports for all swine moved into or out of the test station. The test station operator shall retain the copies for a period of 5 years, and make them available to the department for inspection and copying upon request.

(b) Exemptions. Paragraph (a) does not apply if any of the following apply:

1. This state has a federal bureau designation as a pseudorabies stage IV or V state at the time the swine are moved.

2. The swine are moved from a qualified pseudorabies negative herd or a qualified pseudorabies negative grow-out herd, where they originate.

3. The swine are moved directly to a slaughtering establishment for slaughter.

4. The swine are moved to the premises of an animal dealer or animal market operator who complies with the testing requirement under par. (a) before the swine are moved from those premises.

5. The swine are moved only between premises owned or operated by the same person, who is at all times the owner of the swine.

(2) Porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus.

(a) Test required.

1. Except as provided in par. (b), no person may move commercial swine within this state unless the herd of origin has tested negative on a porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus test conducted not more than 90 days prior to the intrastate movement and documentation of the test reports are made available at the time of sale and to the department upon request. Testing under this paragraph shall comply with s. ATCP 10.291.

2. If the swine’s herd of origin does not meet the requirements under subd. 1., the department shall quarantine the herd of origin and follow the procedures under s. ATCP 10.291 (4) and (5) before any swine may be moved from the premises.

3. If commercial exhibition swine originate from Wisconsin and return to Wisconsin after an exhibition in another state, the exhibitor must notify the department of the movement before returning to Wisconsin. The department shall quarantine the returning swine, herd of origin, or both and follow the procedures under s. ATCP 10.291 (4) and (5) before any swine may be moved from the premises. This subdivision does not apply if the out-of-state exhibition organizer requires all participating swine to test negative for porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus within 90 days prior to the event.

(b) Exemption. Paragraph (a) does not apply if any of the following apply:

1. The swine are moved directly to a slaughtering establishment for slaughter or directly to an animal market to be sold at a sale where all swine on the market premises are shipped directly to a slaughtering establishment.

2. The swine are moved to one fair or exhibition under s. ATCP 10.87 prior to being shipped directly to slaughter or directly to an animal market to be sold at a sale where all swine on the market premises are shipped directly to a slaughtering establishment.

3. 3. Commercial swine moving directly to an animal market, if all swine on the market premises the day of the sale are shipped directly to slaughter.

Note: Any swine included under s. NR 16.11 (3) may not be held or kept without specific authorization from the DNR. See s. 169.11 (1) (b), Stats.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (title), (1) (intro.) Register July 2012 No. 679, eff. 8-1-12; CR 17-011: renum. (1) to (1) (a) and am. (intro.), renumber (2) to (1) (b) and am. (intro.), (4), cr. (2) Register January 2018 No. 745 eff. 2-1-18; correction in (1), (1) (a), (2), (2) (a) titles made under s. 13.92 (4) (b) 2., Stats., and correction in (2) (a) 2., 3., (b) (title) made under s. 35.17, Stats., Register January 2018 No. 745; CR 18-085: am. (2) (title), (a), (b) 1., 2., cr. (2) (b) 3. Register May 2020 No. 773, eff. 6-1-20.

Subchapter V — Equine Animals

ATCP 10.35 Equine infectious anemia.

(1) Sale of equine animal; testing required.

(a) Except as provided in par. (b), no person may purchase, sell, or transfer ownership of any equine animal in this state unless the animal has tested negative for equine infectious anemia within 12 months from the date the blood was drawn for the test to the date of purchase, sale, or transfer and the official test report accompanies the animal.

(b) Paragraph (a) does not apply to any of the following:

1. A nursing foal accompanying its dam.

2. An equine animal sold directly to a slaughtering establishment for slaughter.

3. An equine animal consigned or sold to an animal dealer, provided the animal dealer ships the animal directly to slaughter or has the animal tested for equine infectious anemia within 10 days after its consignment or sale to the dealer. Until the negative equine infectious anemia test results are obtained, the animal dealer may not consign or sell the animal or move the animal from the animal dealer premises or allow the animal to commingle with any other animal on the premises.

4. An equine animal consigned or sold to an animal market operator, provided that the animal market operator ships the animal directly to slaughter or has the animal tested for equine infectious anemia within 4 days after it arrives at the animal market premises. Until the negative equine infectious anemia test results are obtained, an equine animal may not leave the market premises and may not be commingled with any other animal on the premises.

(2) Who may collect test sample. A person who collects an equine infectious anemia test sample, for purposes of this chapter or ch. ATCP 12, shall be one of the following:

(a) An accredited veterinarian. If the veterinarian performs the test in this state, the veterinarian shall also be a Wisconsin certified veterinarian.

(b) An authorized employee or agent of the department or the federal bureau.

(3) Sample identification and testing. A person who collects an equine infectious anemia test sample shall identify the sample with the official individual identification of the equine animal from which the sample was collected. Equine infectious anemia tests shall be conducted at a laboratory approved by the department or the federal bureau.

(4) Test positive and exposed animals.

(a) No person may move an equine animal that tests positive for equine infectious anemia, except as provided in this section. The department shall summarily quarantine every test positive animal. The quarantine notice shall include all of the following:

1. Notice of the positive equine infectious anemia test.

2. Notice that the owner or custodian may request a retest under sub. (5).

3. Notice that the state veterinarian may issue a branding order under sub. (6).

4. Notice of quarantine conditions, including the conditions under pars. (e) and (f).

(b) If the department finds that a test positive animal under par. (a) has participated in an event where it could have exposed other equine animals, the department shall notify the event sponsor. The event sponsor shall notify other event participants their animals may have been exposed.

1. Equine animals kept on the same premises with a test positive animal under par. (a).

2. Equine animals that may have been exposed to a test positive animal under par. (a).

(d) A quarantine under par. (a) or (c) shall comply with s. ATCP 10.91.

(e) An equine animal quarantined under par. (a) or (c) shall be kept in a stall or other facility from which flies are effectively excluded, or at least 300 yards from all equine animals that are not known to be infected.

Note: Equine infectious anemia is spread by biting flies.

(f) No person may move, sell, or transfer custody of an equine animal quarantined under par. (a) or (c) without a permit under s. ATCP 10.89 (6).

Note: A person adversely affected by a quarantine under par. (a) or (c) may, within 30 days after the quarantine is served, request a hearing on the quarantine as provided in s. ATCP 10.89 (6). A request for hearing does not automatically stay a quarantine notice.

(5) Retest.

(a) The department shall retest an animal quarantined under sub. (4) (a) if, within 10 days after the quarantine notice is served, the owner of the quarantined animal files a written retest request with the department and pays a retest fee of $25. A retest request does not stay a quarantine notice under sub. (4) (a).