Chapter ATCP 10

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:

ATCP 10.07(5)(f)1. 1. Animals may not be held more than 7 days at the facility and ownership of the animals may not be transferred by the operator during that 7 days.

ATCP 10.07(5)(f)2. 2. Animals transported in vehicles closed with official seals may not enter the facility.

ATCP 10.07(5)(f)3. 3. Animals may not enter the facility except pursuant to a movement permit issued under par. (h).

ATCP 10.07(5)(f)4. 4. Animals may not be released from the facility except pursuant to the movement permit issued under par. (h) and may only be released directly to slaughter at the original slaughter destination facility listed in the movement permit.

ATCP 10.07(5)(f)5. 5. Each shipment of animals shall be kept separated, in pens, from other shipments of any animals while in the intermediate livestock handling facility. No animals may be added to a pen holding animals from a separate shipment delivered to the facility under a separate movement permit.

ATCP 10.07(5)(f)6. 6. The certified intermediate livestock handling facility premises may not house any other livestock at the facility except for livestock approved in the application under par. (c) 2. c.

ATCP 10.07(5)(f)7. 7. Serviceable cleaning and disinfecting equipment shall be furnished, maintained, and used as necessary in the facility.

ATCP 10.07(5)(f)8. 8. A sign shall be posted at all facility entrances and exits stating: “All animals entering this facility are only released directly to slaughter.”

ATCP 10.07(5)(f)9. 9. The operator of a certified intermediate livestock handling facility shall keep complete and accurate records of all animals entering and leaving the facility organized by movement permit number. The operator shall retain the records for at least 5 years after the animals leave the facility, and shall make the records available for inspection and copying by the department or the federal bureau upon request. Records shall include all of the following:

ATCP 10.07(5)(f)9.a. a. A record of each animal shipment received, including the date of receipt, the number of animals in the shipment, the name and address of the shipper, the name and address from which the shipment originated, any official individual identification of any animal in the shipment, any documents related to any animal in the shipment, and the movement permit number issued under par. (h).

ATCP 10.07(5)(f)9.b. b. A record of each animal leaving the facility, including the date the animal left, the number of animals included in the truckload, the name and address of the shipper, the name and address of the person receiving the animals, any official individual identification of any animal in the truckload, and the movement permit number issued under par. (h).

ATCP 10.07(5)(f)9.c. c. A record of any animal that died in the facility, including the date of death, any official individual identification on the animal that died, any document related to the animal that died including necropsy or test result reports, the movement permit number under which the animal entered the facility, and the final disposition of the carcass.

ATCP 10.07(5)(g) (g) Movement permit. No person may move animals into or out of a certified intermediate livestock handling facility except pursuant to a movement permit from the department under par. (h).

ATCP 10.07(5)(h) (h) Movement permit application. To obtain a movement permit, a facility operator shall submit an application on a form provided by the department. The application shall be submitted to the department before any animals listed in the permit application are delivered to the facility. The application shall include the name and street address of the certified intermediate livestock handling facility accepting delivery of the animal shipment, the breed and quantity of animals in the shipment, the name and street address of the origin of the shipment, the name and street address of the slaughtering establishment destination for the shipment, and the name and address of the shipper. The operator of the facility may make the application by fax or email. The permit shall be evidenced by a unique movement permit number. The department may issue the movement permit number in paper, verbal, or electronic form. The movement permit number shall be recorded on the movement permit by the department or the facility operator, as applicable.

ATCP 10.07 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: r. and recr. (4) (c) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (2) (a), (b), (c), cr. (3) (e) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (2) (a), cr. (2m) Register March 2014 No. 699, eff. 6-1-14; correction in (1) (b) made under s. 35.17, Stats., Register March 2014 No. 699; CR 15-092: am. (4) (title), (a) (intro.), 3., cr. (4) (am), am. (4) (b), (c) (intro.), (d) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (4) (a) 1., cr. (4) (a) 5., (bn), (5) Register May 2020 No. 773, eff. 6-1-20; correction in (5) (a), (b), (c) 2. a. made under s. 35.17, Register May 2020 No. 773.

ATCP 10.08 ATCP 10.08 Moving diseased animals.

ATCP 10.08(1) (1) General. No person may, in connection with the import, sale, movement, or exhibition of any animal, do any of the following:

ATCP 10.08(1)(a) (a) Knowingly conceal that the animal has been infected with or exposed to any contagious or infectious disease.

ATCP 10.08(1)(b) (b) Knowingly misrepresent that the animal has not been exposed to or infected with any contagious or infectious disease.

ATCP 10.08(1)(c) (c) Knowingly permit an animal that has been exposed to or infected with a contagious or infectious disease to commingle with other animals under conditions that may cause the disease to spread to an animal owned by another person.

ATCP 10.08(2) (2) Contagious or infectious diseases. Except as provided in sub. (3), no person may sell or move any animal that is infected with or exposed to any of the following contagious or infectious diseases, or any animal that the department has classified as a suspect or reactor for any of the following contagious or infectious diseases:

ATCP 10.08(2)(a) (a) Anthrax.

ATCP 10.08(2)(b) (b) Brucellosis.

ATCP 10.08 Note Note: See also s. ATCP 10.052.

ATCP 10.08(2)(c) (c) Chronic wasting disease.

ATCP 10.08(2)(d) (d) Equine encephalomyelitis.

ATCP 10.08(2)(e) (e) Equine infectious anemia.

ATCP 10.08(2)(f) (f) Foot and mouth disease.

ATCP 10.08(2)(g) (g) Hog cholera (classic swine fever).

ATCP 10.08(2)(h) (h) Vesicular stomatitis.

ATCP 10.08(2)(i) (i) Mycoplasma gallisepticum.

ATCP 10.08(2)(j) (j) Pseudorabies.

ATCP 10.08(2)(k) (k) Psoroptic mange.

ATCP 10.08(2)(L) (L) Pullorum.

ATCP 10.08(2)(m) (m) Rabies.

ATCP 10.08(2)(n) (n) Salmonellosis entriditis in poultry.

ATCP 10.08(2)(o) (o) Scrapie.

ATCP 10.08(2)(p) (p) Sheep foot rot.

ATCP 10.08(2)(q) (q) Swine dysentery.

ATCP 10.08(2)(r) (r) Tuberculosis.

ATCP 10.08 Note Note: See also s. ATCP 10.055.

ATCP 10.08(2)(s) (s) Vesicular exanthema.

ATCP 10.08 Note Note: See s. ATCP 10.16 related to Johne’s disease. Animals infected with or exposed to other contagious or infectious diseases, not listed under this subsection, may be quarantined at the discretion of the department under s. ATCP 10.89 and other provisions of this chapter.

ATCP 10.08(3) (3) Permit to move.

ATCP 10.08(3)(a) (a) The department may issue a permit allowing a movement of animals that is otherwise prohibited under this chapter. The permit may allow movement for slaughter or other purposes prescribed by the department in the permit, subject to terms and conditions prescribed in the permit. The department shall grant or deny a permit under this subsection within 5 business days after the department receives a complete permit application containing all information required by the department.

ATCP 10.08(3)(b) (b) If a permit under par. (a) allows movement to a slaughtering establishment for slaughter, the slaughtering establishment operator shall report to the department the results of any post-mortem examination of the animal. The operator shall file the report within 7 days after the operator receives the animal at the slaughtering establishment.

ATCP 10.08(4) (4) Removing livestock from slaughter establishment. No person may remove any livestock animal from a slaughtering establishment after the animal has been off-loaded at the slaughtering establishment unless the animal is removed under a special permit issued by the state veterinarian. The state veterinarian shall grant or deny a permit application within 5 business days after he or she receives a complete application.

ATCP 10.08(5) (5) Release of diseased wild animal. A person who knows or has reason to know that a captive wild animal has been infected with or exposed to a disease identified in s. ATCP 10.03 may not release the animal to the wild unless a certified veterinarian finds that the animal is free of the disease at the time of release. The veterinarian shall make the finding on a certificate of veterinary inspection that is filed with the department.