Chapter ATCP 10

ATCP 10.01(71)(i) (i) For all other animals, one of the following:

ATCP 10.01(71)(i)1. 1. The animal’s official ear tag attached to the animal.

ATCP 10.01(71)(i)2. 2. The animal’s breed association tattoo.

ATCP 10.01(71)(i)3. 3. The animal’s breed association registration number as documented on the animal’s registration certificate.

ATCP 10.01(71)(i)4. 4. A registration freeze brand number that uniquely identifies the animal.

ATCP 10.01(71)(i)5. 5. A microchip if the microchip number uniquely identifies the animal and the microchip is implanted in the animal.

ATCP 10.01(71)(i)6. 6. A tattoo number issued by the department.

ATCP 10.01(71)(i)7. 7. A unique premises identification code issued by the department, provided the animal also bears an individual identification number unique to that premises.

ATCP 10.01(71)(i)8. 8. Other identification approved by the department.

ATCP 10.01(72) (72) “Official spayed heifer” means a female bovine animal that has had its ovaries removed and is identified by an open spade brand or spay certificate.

ATCP 10.01(73) (73) “Official vaccinate” means a female bovine animal that is vaccinated against brucellosis, and identified and reported as a vaccinate, in compliance with s. ATCP 10.10 or equivalent laws of another state.

ATCP 10.01(74) (74) “Open spade brand” means a branding mark consisting of the outline of an inverted heart with a short stalk at the bottom, used for the identification of spayed heifers.

ATCP 10.01(75) (75) “Originates from a herd” or “originating from a herd” means coming from a herd, other than a group of animals temporarily assembled for sale or shipment, in which the animal was born or kept since birth, or in which the animal was kept for at least 120 days.

ATCP 10.01(76) (76) “Originates from a state” or “originating from a state” means coming directly from one of the following:

ATCP 10.01(76)(a) (a) A state in which the animal was born and kept since birth.

ATCP 10.01(76)(b) (b) A state to which the animal was moved from a state holding an equal or better federal classification for the disease in question.

ATCP 10.01(76)(c) (c) A state in which the animal has been kept for at least 120 consecutive days.

ATCP 10.01(77) (77) “Person” means an individual, corporation, partnership, cooperative, limited liability company, trust, governmental entity, academic institution, or other legal entity.

ATCP 10.01(78) (78) “Pet bird” means a psittacine or soft bill that is not native, is not identified on the federal list of endangered and threatened species, and is not a migratory bird.

ATCP 10.01(79) (79) “Poultry” means domesticated fowl, including chickens, turkeys, and waterfowl, which are bred for the primary purpose of exhibition or producing eggs or meat. “Poultry” does not include ratites.

ATCP 10.01(80) (80) “Pseudorabies” means the contagious, infectious, and communicable disease of livestock and other animals that is caused by the pseudorabies herpes virus.

ATCP 10.01 Note Note: Pseudorabies is also known as Aujeszky’s disease, mad itch, and infectious bulbo-paralysis.

ATCP 10.01(81) (81) “Pseudorabies national eradication standards” means the program standards for the national joint program on pseudorabies eradication, as published in federal publication 91-55-071 (November 1, 2003).

ATCP 10.01 Note Note: The pseudorabies national eradication standards are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may be obtained from:

ATCP 10.01 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P. O. Box 8911
Madison, WI 53708-8911

ATCP 10.01(82) (82) “Pseudorabies test” means the negative serum neutralization (SN) test or another pseudorabies diagnostic test that is approved by the department and conducted at a laboratory approved by the department or the federal bureau.

ATCP 10.01(83) (83) “Pullorum” means a disease of poultry caused by Salmonella pullorum.

ATCP 10.01(84) (84) “Qualified pseudorabies negative grow-out herd” means a grow-out herd of swine that is certified by one of the following:

ATCP 10.01(84)(a) (a) The department under s. ATCP 10.27 (2).

ATCP 10.01(84)(b) (b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.27 (2).

ATCP 10.01(85) (85) “Qualified pseudorabies negative herd” means a herd of swine that is certified by one of the following:

ATCP 10.01(85)(a) (a) The department under s. ATCP 10.27 (1).

ATCP 10.01(85)(b) (b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.27 (1).

ATCP 10.01(86) (86) “Racing animal” means an equine animal, or a greyhound or other racing canine, that participates or is raised to participate in races, including races at county, district, or state fairs, for money or other prizes.

ATCP 10.01(87) (87) “Ratite” means a member of the group of flightless birds that includes the ostrich, emu, cassowary, kiwi, and rhea.

ATCP 10.01(88) (88) “Reactor” means an animal that tests positive, in a conclusive diagnostic test, for an infectious, contagious, or communicable disease.

ATCP 10.01(88m) (88m) “Salvage value,” as used in ch. 95, Stats., means any monies received from any source for a condemned animal or animal parts by the owner of the condemned animal, other than federal government indemnities or state indemnities.

ATCP 10.01 Note Note: The salvage value may include payments from livestock insurance or warranty programs.

ATCP 10.01(89) (89) “Shipped directly to a slaughtering establishment” means delivered to a slaughtering establishment without being unloaded at any other location in this state.

ATCP 10.01(90) (90) “Slaughtering establishment” means a facility to slaughter animals that is licensed and inspected by the department or USDA. “Slaughtering establishment” includes all premises used in connection with the slaughter operation including an approved intermediate livestock handling facility approved under s. ATCP 10.07 (5).

ATCP 10.01(91) (91) “South American camelid” means a llama, alpaca, vicuna, or guanaco.

ATCP 10.01(92) (92) “Sow” means a sexually mature female swine.

ATCP 10.01(93) (93) “Stallion” means a male equine animal over 731 days of age, but does not include a gelding.

ATCP 10.01(94) (94) “State veterinarian” means the administrator of the animal health division of the department, or a veterinarian whom the administrator specifically authorizes to act on the administrator’s behalf.

ATCP 10.01(95) (95) “Steer” means a castrated male bovine animal.

ATCP 10.01(96) (96) “Suspect” means an animal that is suspected of having a disease, based on test results or other reliable information, but that is not yet confirmed to have the disease.

ATCP 10.01(97) (97) “Swine” means a domestic hog or any variety of wild hog.

ATCP 10.01(98) (98) “Swine growth performance test station” means premises where swine are assembled for purposes of determining feeding efficiency.

ATCP 10.01(99) (99) “Test mare” means a mare that is used to determine the disease status of stallions with respect to contagious equine metritis.

ATCP 10.01(99m) (99m) “Trading in livestock or wild animals” means the trading, buying, selling, or swapping of livestock or wild animals.

ATCP 10.01(100) (100) “Tuberculosis” means the contagious, infectious, and communicable disease caused by Mycobacterium bovis.

ATCP 10.01 Note Note: Tuberculosis caused by Mycobacterium bovis is also known as bovine tuberculosis. It is transmissible not only to cattle and other bovine animals, such as bison, but also to certain non-bovine species including cervids and humans.

ATCP 10.01(101) (101) “Tuberculosis modified accredited state” means a state that USDA has classified as a tuberculosis modified accredited state, or a state with a tuberculosis prevalence in bovine herds of at least 0.01% but not more than 0.1%.

ATCP 10.01(102) (102) “Tuberculosis monitored herd” means, in the case of farm-raised deer, a herd that is certified as a tuberculosis monitored herd by one of the following:

ATCP 10.01(102)(a) (a) The department under s. ATCP 10.49.

ATCP 10.01(102)(b) (b) The authorized animal health agency of the state in which the herd is located, using standards equivalent to those in s. ATCP 10.49.

ATCP 10.01(104) (104) “Tuberculosis qualified herd” means, in the case of farm-raised deer, a herd that is certified as a tuberculosis qualified herd by one of the following:

ATCP 10.01(104)(a) (a) The department under s. ATCP 10.49.

ATCP 10.01(104)(b) (b) The authorized animal health agency of the state in which the herd is located, under standards equivalent to s. ATCP 10.49.

ATCP 10.01(105) (105) “Tuberculosis test” means a test, approved by the department, which may be used to detect tuberculosis in animals for purposes of ch. 95, Stats., this chapter, or ch. ATCP 12. “Tuberculosis test” includes any of the following tests, as applicable:

ATCP 10.01(105)(a) (a) A caudal fold tuberculin test or a comparative cervical tuberculin test for bovine animals.

ATCP 10.01(105)(b) (b) A single cervical tuberculin test or a comparative cervical tuberculin test for farm-raised deer.

ATCP 10.01(105)(c) (c) A dual path platform test for farm-raised deer that are white-tailed deer, red deer, elk, fallow deer, or reindeer.

ATCP 10.01(105)(d) (d) A post axillary tuberculosis test for camelids.

ATCP 10.01 Note Note: Under s. ATCP 10.82 (3), the department must approve tuberculosis tests used for exotic ruminants.

ATCP 10.01(105)(e) (e) A test approved by the department.

ATCP 10.01(106) (106) “Tuberculosis uniform methods and rules” means:

ATCP 10.01(106)(a) (a) Except as provided in par. (b), the uniform methods and rules for the national bovine tuberculosis eradication program, federal bureau publication 91-45-011 (January 1, 2005). Notwithstanding this paragraph and par. (b), all official individual identification for all species is specified under sub. (71).

ATCP 10.01(106)(b) (b) In the case of farm-raised deer, the uniform methods and rules for the national cervid tuberculosis eradication program dated January 22, 1999, as published in federal bureau publication 91-45-011 (January 22, 1999), as amended by federal register Volume 71, No. 81, effective April 21, 2006.

ATCP 10.01 Note Note: The tuberculosis uniform methods and rules are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may also be obtained by writing to the following address:

ATCP 10.01 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P. O. Box 8911
Madison, WI 53708-8911

ATCP 10.01(107) (107) “Typhoid” or “fowl typhoid” means a disease of poultry caused by Salmonella gallinarum.

ATCP 10.01(108) (108) “USDA” means the United States department of agriculture.

ATCP 10.01(109) (109) “Validated brucellosis-free herd” means a herd of swine that is certified as brucellosis-free by one of the following:

ATCP 10.01(109)(a) (a) The department under s. ATCP 10.29.

ATCP 10.01(109)(b) (b) The authorized animal health agency of the state where the herd is located, under standards equivalent to those in s. ATCP 10.29.

ATCP 10.01(110) (110) “Veal calf” means a bovine animal of either sex, not more than 120 days old, which is kept for the sole purpose of feeding prior to slaughter for veal.

ATCP 10.01(111) (111) “Waters of the state” has the meaning given in s. 281.01 (18), Stats.

ATCP 10.01(112) (112) “Wild animal” has the meaning given in s. 95.68 (1) (g), Stats. “Wild animal” does not include a domestic animal identified in s. ATCP 10.02.

ATCP 10.01(112m) (112m) “Wild deer disease control area” means a CWD-affected area designated by the department of natural resources under ch. NR 10 or other disease area designated by the department of natural resources or the department affecting wild cervid.

ATCP 10.01(113) (113) “Wisconsin certified veterinarian” means a veterinarian certified under s. ATCP 10.05.

ATCP 10.01(114) (114) “Zoo” or “zoological park” means any park, building, cage, enclosure, or other structure or premises in which a live animal or animals are kept for public exhibition or viewing, regardless of whether admission or other consideration is paid by the viewer.

ATCP 10.01 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (106) (b) Register June 2008 No. 630, eff. 7-1-09; CR 07-107: cr. (31m) and (63m), am. (39) and (59), r. (71) (g) 3. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: cr. (27m), (57m), am. (59), (65), (67), (90), (105) (b), cr. (105) (d) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: r. (27), am. (37) (b), (42), (46) (intro.), cr. (55m), renum. (56) to (56) (intro.) and (a) and am., cr. (56) (b), (68m), renum. (70) to (70) (intro.) and (c) and am., cr. (70) (a), (b), r. and recr. (71), cr. (88m), renum. (105) (c) and (d) to (105) (d) and (e), cr. (105) (c) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (5), (8), (17) (a), (42), (45), (59), (69), (70) (intro.), (a), (71) (a), renum. (71) (b) to (71) (b) (intro.) and 1. and am., cr. (71) (b) 2., renum. (71) (c) (intro.) and to (71) (c) (intro.) and 1. (intro.) and am., renum. (71) (c) 1. to 7. to (71) (c) 1. a. to g., cr. (71) (c) 2., 3., am. (71) (f), (g) 1., 3., cr. (71) (g) 4., am. (71) (h) 1., 2., cr. (71) (h) 2m., am. (71) (h) 4., (i) 1., (90), cr. (99m), am. (101), r. (103), am. (105) (c), (106) (a) Register July 2016 No. 727, eff. 10-1-16; (71) 2m. renum. (71) (h) 2m. under s. 13.92 (4) (b) 1., Stats., Register July 2016 No. 727; CR 18-085: am. (5), (60) to (62), (90), (105) (d), cr. (112m) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.02 ATCP 10.02 Domestic animals. The following animals are considered domestic animals under s. 169.01 (7), Stats., and are not considered wild animals:

ATCP 10.02(1) (1) Livestock.

ATCP 10.02(2) (2) Poultry.

ATCP 10.02(3) (3) Farm-raised game birds, except farm-raised game birds that have been released to the wild.

ATCP 10.02(4) (4) Ratites.

ATCP 10.02(5) (5) Farm-raised fish, except fish that have been released to waters of the state.