Chapter ATCP 10

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.

ATCP 10.08 Note Note: See also ss. 169.04 (2) (d) and 169.06 (1) (d), Stats.

ATCP 10.08 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (4) and (5) Register November 2008 No. 635, eff. 12-1-08.

ATCP 10.09 ATCP 10.09 Appraised value of condemned animals. If the owner of an animal destroyed under ss. 95.21 (4) (b), 95.23 (1m), 95.25, 95.26, 95.27, or 95.31 (3) or (4), Stats., is eligible for a state indemnity for that animal under ch. 95, Stats., and if the animal is of a type not frequently sold at public auction, the department shall appoint a knowledgeable independent appraiser to determine the appraised value of the animal. The appraiser shall determine the appraised value based on the animal’s size, species, sex, and grade or quality, and by relevant information related to prevailing market prices for animals of that size, species, sex, and grade or quality. The appraiser may, as appropriate, conduct market surveys to obtain relevant price information.

ATCP 10.09 History History: CR 07-107: cr. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. Register July 2012 No. 679, eff. 8-1-12.

subch. III of ch. ATCP 10 Subchapter III — Bovine Animals

ATCP 10.10 ATCP 10.10 Brucellosis; official vaccinates. A bovine animal qualifies as an official brucellosis vaccinate if all of the following apply:

ATCP 10.10(1) (1) An accredited veterinarian vaccinates the animal in compliance with the brucellosis uniform methods and rules. If the animal is vaccinated in Wisconsin, the accredited veterinarian shall also be a Wisconsin certified veterinarian.

ATCP 10.10(2) (2) The veterinarian identifies the animal in compliance with the brucellosis uniform methods and rules.

ATCP 10.10(3) (3) The veterinarian files a vaccination report with the department within 30 days after the veterinarian performs the vaccination. The veterinarian shall file the vaccination report on a form approved by the department, and shall include in the report the official individual identification of the vaccinated animal. The veterinarian shall provide a copy of the vaccination report to the owner of the vaccinated animal, and shall retain another copy.

ATCP 10.10 Note Note: The brucellosis 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 10.10 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.10 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.

ATCP 10.11 ATCP 10.11 Brucellosis testing and control. Brucellosis testing and control requirements are specified under s. ATCP 10.052.

ATCP 10.11 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (5) (a) 1. Register November 2008 No. 635, eff. 12-1-08; CR 18-085: r. and recr. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.12 ATCP 10.12 Brucellosis-free herd; certification.

ATCP 10.12(1) (1) Certification. The department may certify a herd of cattle as a brucellosis-free herd if the herd qualifies for that certification under the brucellosis uniform methods and rules. Every certification application shall include a nonrefundable fee of $50 for an annual certification. To maintain the herd certification, a herd owner shall comply with applicable requirements under the brucellosis uniform methods and rules.

ATCP 10.12 Note Note: The brucellosis 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 10.12 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.12(2) (2) Suspending or revoking certification.

ATCP 10.12(2)(a) (a) The department may summarily suspend or revoke a certification under sub. (1) if any of the following occur:

ATCP 10.12(2)(a)1. 1. A brucellosis test shows that any animal in the herd is a brucellosis suspect or reactor.

ATCP 10.12(2)(a)2. 2. The herd owner does not comply with sub. (1).

ATCP 10.12(2)(b) (b) The state veterinarian may issue a summary suspension or revocation notice under par. (a). The notice shall state the reason for the suspension or revocation.

ATCP 10.12 Note Note: A herd owner affected by a suspension or revocation under sub. (2) may request a hearing before the department under ch. 227.42, Stats., and ch. ATCP 1. A request for a hearing does not automatically stay a summary suspension or revocation.

ATCP 10.12 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (1) Register June 2008 No. 630, eff. 7-1-09; CR 11-048: am. (1) Register July 2012 No. 679, eff. 8-1-12.

ATCP 10.13 ATCP 10.13 Tuberculosis testing and control. Tuberculosis testing and control requirements are specified under s. ATCP 10.055.

ATCP 10.13 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (1) (b) Register July 2012 No. 679, eff. 8-1-12; CR 15-092: am. (1) (a) (intro.), 2., r. and recr. (1) (b), cr. (1m), am. (3), (5), consol. (6) (a) (intro.) and 1. and renum. to (6) (a) and am., r. (6) (a) 2., am. (6) (c) Register July 2016 No. 727, eff. 10-1-16; correction in (6) (b) made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727; CR 18-085: r. and recr. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.14 ATCP 10.14 Tuberculosis-free herd; certification.

ATCP 10.14(1) (1) Certification. The department may certify a herd of bovine animals as an accredited tuberculosis-free herd if the herd qualifies for that certification under the tuberculosis uniform methods and rules. Every certification application shall include a nonrefundable application fee of $100 for a 2-year certification. The department may prorate the fee for certifications less than 2 years. To maintain the certification, a herd owner shall comply with applicable requirements under the tuberculosis uniform methods and rules.

ATCP 10.14 Note Note: For example, the department may prorate the certification fee when a farmer purchases animals which have 1 year left on their current tuberculosis-free certification status before testing is due.

ATCP 10.14 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 10.14 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.14(2) (2) Suspending or revoking certification.

ATCP 10.14(2)(a) (a) The department may summarily suspend or revoke a certification under sub. (1) if any of the following occur:

ATCP 10.14(2)(a)1. 1. An animal in the herd tests positive for tuberculosis.

ATCP 10.14(2)(a)2. 2. The herd owner does not comply with sub. (1).

ATCP 10.14(2)(a)3. 3. An animal in the herd is commingled with animals of lesser or no tuberculosis status.

ATCP 10.14(2)(b) (b) The state veterinarian may issue a summary suspension or revocation notice under par. (a). The notice shall state the reason for the suspension or revocation.

ATCP 10.14 Note Note: A herd owner affected by a suspension or revocation under sub. (2) may request a hearing before the department under ch. 227.42, Stats., and ch. ATCP 1. A request for a hearing does not automatically stay a summary suspension or revocation.

ATCP 10.14 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (1) Register June 2008 No. 630, eff. 7-1-09; CR 11-048: am. (1) Register July 2012 No. 679, eff. 8-1-12; correction in (2) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699; CR 18-085: cr. (2) (a) 3. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.15 ATCP 10.15 Johne’s disease testing.

ATCP 10.15(1) (1) Who may collect test samples. A person who collects a Johne’s disease test sample, for purposes of this chapter or ch. ATCP 12, shall be one of the following:

ATCP 10.15(1)(a) (a) An accredited veterinarian. If the veterinarian collects the test sample from cattle in this state, the veterinarian shall also be a Wisconsin certified veterinarian.

ATCP 10.15(1)(b) (b) A person working under the direct supervision of a veterinarian under par. (a), provided that the veterinarian submits the sample for testing.

ATCP 10.15(1)(c) (c) An authorized employee or agent of the department or the federal bureau.

ATCP 10.15(1)(d) (d) A DHIA technician or a certified veterinary technician if the Johne’s disease test sample is a milk sample.

ATCP 10.15(2) (2) Sample collection procedures. A person who collects a Johne’s disease test sample, for purposes of this chapter or ch. ATCP 12, shall comply with procedures specified in the Johne’s disease national program standards.

ATCP 10.15 Note Note: The Johne’s disease national program standards 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 10.15 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.15(3) (3) Laboratory and test methods. Only a laboratory approved by the department or the federal bureau may conduct a Johne’s disease test for purposes of this chapter or ch. ATCP 12. The laboratory shall use one of the following tests:

ATCP 10.15(3)(a) (a) The enzyme linked immunosorbent assay (ELISA).

ATCP 10.15(3)(b) (b) The fecal culture test.

ATCP 10.15(3)(c) (c) The polymerase chain reaction (PCR) fecal test.

ATCP 10.15(3)(d) (d) Another test approved by the department.

ATCP 10.15(4) (4) Veterinarian to report. A veterinarian who submits for testing a Johne’s disease test sample collected in this state shall report the test result to the department and the animal owner according to s. ATCP 10.04 (1).

ATCP 10.15 Note Note: A test report must include the animal’s official individual identification. If the animal has no official individual identification, the veterinarian must identify the animal with an official individual identification. See s. ATCP 10.04 (1) (e).

ATCP 10.15(5) (5) Reactors. An animal is a Johne’s disease reactor if any of the following apply:

ATCP 10.15(5)(a) (a) The animal tests positive on a test under sub. (3) (a), unless it subsequently tests negative on a follow-up test under sub. (6).

ATCP 10.15(5)(b) (b) The animal tests positive on any test under sub. (3) (b) to (d).

ATCP 10.15(6) (6) Follow-up test. Within 45 days after an animal tests positive on a test under sub. (3) (a), a person authorized under sub. (1) shall collect and submit another sample for testing by a different test method under sub. (3). The department may, for good cause, extend the retesting deadline under this subsection.

ATCP 10.15 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: cr. (1) (d), am. (6) Register November 2008 No. 635, eff. 12-1-08.

ATCP 10.16 ATCP 10.16 Johne’s disease; sales of cattle.

ATCP 10.16(1) (1) Implied warranty. Section 95.195, Stats., covers Johne’s disease in cattle and applies to sales of cattle, except that the implied warranty under s. 95.195, Stats., does not apply if any of the following apply:

ATCP 10.16(1)(a) (a) The seller accurately discloses all of the following to the buyer in writing, prior to sale:

ATCP 10.16(1)(a)1. 1. The current herd classification under s. ATCP 10.18 of the herd from which the cattle are sold.

ATCP 10.16(1)(a)2. 2. That the cattle are Johne’s disease reactors under s. ATCP 10.15 (5) if that is the case.

ATCP 10.16(1)(b) (b) The cattle are sold directly to slaughter.

ATCP 10.16(2) (2) Reactor sales.

ATCP 10.16(2)(a) (a) No person may sell an animal that is a Johne’s disease reactor unless one of the following applies:

ATCP 10.16(2)(a)1. 1. The person first discloses to the buyer, in writing, that the animal is a Johne’s disease reactor.

ATCP 10.16(2)(a)2. 2. The person sells the animal directly to slaughter.

ATCP 10.16 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.

ATCP 10.17 ATCP 10.17 Johne’s disease herd vaccination.

ATCP 10.17(1) (1) No person may vaccinate, or cause to be vaccinated, any cattle in this state for Johne’s disease except under a herd agreement with the department. Only the owner of the cattle may enter into a herd agreement with the department.

ATCP 10.17(2) (2) A veterinarian performing vaccination as authorized under this section shall be both of the following:

ATCP 10.17(2)(a) (a) A Johne’s disease certified veterinarian under s. ATCP 10.20 (1).

ATCP 10.17(2)(b) (b) A Johne’s disease vaccination certified veterinarian under s. ATCP 10.20 (2).

ATCP 10.17 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 13-058: am. (1) Register March 2014 No. 699, eff. 6-1-14.

ATCP 10.18 ATCP 10.18 Johne’s disease herd classification.

ATCP 10.18(1) (1) Assigning a herd classification.

ATCP 10.18(1)(a) (a) The department may assign a Johne’s disease herd classification to a herd of cattle that qualifies for that classification under the Johne’s disease national program standards.