Chapter ATCP 10

ATCP 10.07 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.07(2)(e) (e) A permit application under par. (d) shall include all of the following information:

ATCP 10.07(2)(e)1. 1. The name, address, and telephone number of the importer. If an accredited veterinarian applies on behalf of an importer, the veterinarian shall also disclose his or her name, address, and telephone number.

ATCP 10.07(2)(e)2. 2. The name and address of the import recipient.

ATCP 10.07(2)(e)3. 3. The number and type of animals being imported.

ATCP 10.07(2)(e)4. 4. The state or nation from which the animals are being imported.

ATCP 10.07(2)(e)5. 5. Other relevant information required by the department.

ATCP 10.07(2)(em) (em) An import permit under par. (a) expires 30 days after it is issued, unless the department specifies a different expiration date on the import permit.

ATCP 10.07(2)(f) (f) The department shall keep, for at least 5 years, a record of every import permit under par. (a).

ATCP 10.07(2m) (2m) Blanket import permit.

ATCP 10.07(2m)(a) (a) In this subsection, “seller” means the owner of the animal being sold or the market location at which the animal is being sold, as applicable.

ATCP 10.07(2m)(b) (b) Notwithstanding sub. (2), a blanket import permit may be issued to an accredited veterinarian or a Wisconsin importer if an import permit cannot be properly obtained under sub. (2) for any of the following reasons:

ATCP 10.07(2m)(b)1. 1. A Wisconsin resident anticipates a possible purchase of one or more animals at an out-of-state farm or sale at a time the department is not open for business.

ATCP 10.07(2m)(b)2. 2. An accredited veterinarian at an out-of-state animal sale anticipates possible purchases of one or more animals by Wisconsin buyers at the sale at a time the department is not open for business.

ATCP 10.07(2m)(b)3. 3. Other circumstances approved by the department.

ATCP 10.07(2m)(c) (c) A permit under par. (b) shall comply with this subsection, import requirements in this chapter and ch. ATCP 12, and any conditions specified when the permit is issued. Noncompliance may invalidate a permit. A permit is not evidence of compliance.

ATCP 10.07(2m)(d) (d) A blanket import permit application under this subsection shall include all of the following:

ATCP 10.07(2m)(d)1. 1. For applicants who are veterinarians:

ATCP 10.07(2m)(d)1.a. a. The date of the sale.

ATCP 10.07(2m)(d)1.b. b. The veterinarian’s name, trade name, if applicable, address including city, state, and zip code, and telephone number.

ATCP 10.07(2m)(d)1.c. c. The seller’s name, trade name, if applicable, address including city, state, and zip code, telephone number, and livestock premises code, if known.

ATCP 10.07(2m)(d)2. 2. For applicants who are Wisconsin importers:

ATCP 10.07(2m)(d)2.a. a. The approximate date of the possible purchase or import.

ATCP 10.07(2m)(d)2.b. b. The importer’s name, trade name, if applicable, address including city, state, and zip code, and telephone number.

ATCP 10.07(2m)(d)2.c. c. The state from which a purchase may be made.

ATCP 10.07(2m)(d)2.d. d. If known, the seller’s name, trade name, if applicable, address including city, state, and zip code, telephone number, and livestock premises code.

ATCP 10.07(2m)(d)3. 3. For all applicants under this subsection, any other relevant information required by the department.

ATCP 10.07(2m)(e) (e) An applicant shall receive a general import permit under sub. (2) or a blanket import permit under this subsection prior to bringing an animal into Wisconsin.

ATCP 10.07(2m)(f) (f) The department shall grant or deny a permit under par. (b) within 30 days after the department received a complete application. The department shall send notice of its action, provide an import permit number, and forward a copy of the permit if required by this chapter. The department may notify the applicant of its action by telephone, mail, or electronic transmission.

ATCP 10.07(2m)(g) (g) A blanket import permit under this subsection expires 30 days after it is issued, unless the department specifies a different expiration date on the import permit.

ATCP 10.07(2m)(h) (h) On the first business day after the sale, the applicant shall submit all certificates of veterinary inspection of Wisconsin-bound animals to the department or shall notify the department that no animals from the sale will be entering Wisconsin under the blanket permit issued for that sale date.

ATCP 10.07 Note Note: An applicant for a blanket import permit may apply for a permit or submit any information required for a permit in any of the following ways that best meet the established deadlines:

ATCP 10.07 Note 1. By telephone to the following number: [phone]. The department may require the applicant to confirm a telephone application in writing, by mail, or electronic transmission.

ATCP 10.07 Note 2. By fax to the following number: [phone].

ATCP 10.07 Note 3. By email to: [e-mail].

ATCP 10.07 Note 4. By mail to the following address:

ATCP 10.07 Note Wisconsin Department of Agriculture, Trade and Consumer Protection

ATCP 10.07 Note Division of Animal Health

ATCP 10.07 Note P.O. Box 8911

ATCP 10.07 Note Madison, WI 53708-8911

ATCP 10.07(2m)(i) (i) The department shall keep, for at least 5 years, a record of every blanket permit issued under this subsection.

ATCP 10.07(3) (3) Written permit waiving import requirements.

ATCP 10.07(3)(a) (a) The state veterinarian may issue a written import permit that waives import requirements for a single import shipment if the state veterinarian determines all of the following:

ATCP 10.07(3)(a)1. 1. That special conditions justify the waiver.

ATCP 10.07(3)(a)2. 2. That the waiver does not create an undue risk to public health, safety or welfare, or to animals or the environment.

ATCP 10.07(3)(b) (b) A permit under par. (a) shall identify the import shipment, the import requirements waived, and the special conditions that justify the waiver. The permit may specify alternative import requirements that the state veterinarian deems necessary.

ATCP 10.07(3)(c) (c) A person applying for an import permit under par. (a) shall apply in writing. The application shall explain the special conditions that justify the permit, and shall include relevant documentation requested by the department.

ATCP 10.07(3)(d) (d) The department shall keep, for at least 5 years, a record of every permit issued under par. (a).

ATCP 10.07(3)(e) (e) A copy of the permit waiving any import requirements shall be attached to the certificate of veterinary inspection.

ATCP 10.07(4) (4) Federally approved livestock marketing facilities.

ATCP 10.07(4)(a) (a) An animal market qualifies as a federally approved livestock marketing facility, for purposes of this chapter, if all the following apply:

ATCP 10.07(4)(a)1. 1. The animal market is licensed as a Class A animal market under s. ATCP 12.02.

ATCP 10.07(4)(a)2. 2. The animal market operator has a current agreement with the federal bureau under 9 CFR 71.20.

ATCP 10.07(4)(a)3. 3. The department has authorized the animal market to receive animal import shipments as a federally approved livestock marketing facility under this chapter.

ATCP 10.07(4)(a)4. 4. The animal market operates in compliance with this section.

ATCP 10.07(4)(a)5. 5. The animal market is medically separated, meeting all of the following requirements:

ATCP 10.07(4)(a)5.a. a. Fencing and facilities are adequate to maintain at least 30 feet of separation between the animal market and other livestock facilities at all times.

ATCP 10.07(4)(a)5.b. b. Bio-security procedures, including procedures to prevent the commingling of animal species, effectively prevent disease transmission between animals.

ATCP 10.07(4)(a)5.c. c. The department finds that the medical separation complies with this subdivision based on an inspection under s. ATCP 10.025. For each inspection under this subd. 5. c., the registrant shall pay the fee required under s. ATCP 10.025.

ATCP 10.07(4)(am) (am) A federally approved livestock marketing facility, under par. (a), may be a federally approved tagging site if that facility has an agreement with the federal bureau under 9 CFR 86.1.

ATCP 10.07(4)(b) (b) Animals of a type identified in the agreement under par. (a) 2. may be imported to the federally approved livestock marketing facility without meeting import requirements under this chapter, provided that the animals are imported in compliance with 9 CFR parts 71, 78, 79, and 85, and the agreement under par. (a) 2.

ATCP 10.07(4)(bn) (bn) Animals imported to a federally approved livestock marketing facility shall be tested for diseases specified under this chapter prior to import.

ATCP 10.07(4)(c) (c) An operator of a federally approved livestock marketing facility may not do any of the following:

ATCP 10.07(4)(c)1. 1. Release any animal from that market to a Wisconsin destination unless the animal meets all applicable import requirements under this chapter.

ATCP 10.07(4)(c)2. 2. Fail to disclose, to the recipient of any animal released from that market, the animal’s state of origin.

ATCP 10.07(4)(d) (d) The operator of a federally approved livestock marketing facility shall keep all records required by this chapter, ch. ATCP 12, and 9 CFR 71.20. The operator shall retain the records for at least 5 years, and shall make them available to the department for inspection and copying upon request.

ATCP 10.07(5) (5) Intermediate livestock handling facility certification; facility approval; movement permit.

ATCP 10.07(5)(a) (a) Definition. In this subsection, “shipment” means one or more truckloads of animals from the same source premises that are transported on the same day for delivery to the same intermediate handling facility prior to slaughter.

ATCP 10.07(5)(b) (b) Facility certification required. The department may issue a certificate designating a facility as an approved intermediate livestock handling facility for purposes of this section. A certificate expires June 30 annually. No facility may be certified as an intermediate livestock handling facility unless the operator of the facility holds an agreement with the federal bureau for a livestock facility at that location for handling livestock in interstate commerce pursuant to 9 CFR parts 71, 75, 78, 79, and 85 (January 2011).

ATCP 10.07(5)(c) (c) Facility certification application.

ATCP 10.07(5)(c)1. 1. To obtain certification as an intermediate livestock handling facility, a facility operator shall submit an application on a form provided by the department.

ATCP 10.07(5)(c)2. 2. The application shall identify all of the following information relating to the facility to be approved:

ATCP 10.07(5)(c)2.a. a. The location of the facility by street address and county or, if the address is not available, by county, town, and section.

ATCP 10.07(5)(c)2.b. b. A copy of the agreement with the federal bureau under par. (b).

ATCP 10.07(5)(c)2.c. c. The species of livestock that the facility will be handling.

ATCP 10.07(5)(c)2.d. d. The premises code of the facility required under ch. ATCP 17.

ATCP 10.07(5)(c)2.e. e. Any other relevant information required by the department.

ATCP 10.07(5)(c)3. 3. The application shall include a nonrefundable fee of $140. The department shall grant or deny an application within 60 days after a complete application is filed with the department. The department may conduct any inspections it deems necessary.

ATCP 10.07 Note Note: A person may obtain an intermediate livestock handling facility application form by calling [phone], by visiting the department website at http://datcp.wi.gov, or by writing to the following address:

ATCP 10.07 Note Wisconsin Department of Agriculture, Trade and Consumer Protection

ATCP 10.07 Note Division of Animal Health

ATCP 10.07 Note P.O. Box 8911

ATCP 10.07 Note Madison, WI 53708-8911

ATCP 10.07(5)(d) (d) Denying, suspending or revoking a certificate. The department may deny, suspend, or revoke a certificate under this subsection for cause, including any of the following:

ATCP 10.07(5)(d)1. 1. Filing an incomplete or fraudulent application, or misrepresenting any information on an application.

ATCP 10.07(5)(d)2. 2. Violating ch. 95, Stats., or this chapter.

ATCP 10.07(5)(d)3. 3. Violating the terms of the certificate.

ATCP 10.07(5)(e) (e) Conditional certificate. The department may issue a certificate under this subsection on a conditional basis, contingent upon pertinent circumstances or acts. If a certificate is conditioned upon compliance with specific requirements within a specific time period, and the certificate holder fails to comply with those requirements within that time period, the certificate is void.

ATCP 10.07(5)(f) (f) Facility requirements. A certified intermediate livestock handling facility may accept shipment of and handle only one species of livestock at the facility and shall meet all of the following requirements: