Chapter ATCP 10

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.

ATCP 10.18(1)(b) (b) To obtain a herd classification under par. (a), a herd owner shall submit both of the following to the department:

ATCP 10.18(1)(b)1. 1. A written request for classification.

ATCP 10.18(1)(b)2. 2. The complete results of an annual herd test that conforms to the Johne’s disease national program standards.

ATCP 10.18(1)(c) (c) Within 30 days after the department receives all of the information under par. (b), the department shall classify the herd and issue a classification notice to the herd owner under sub. (4).

ATCP 10.18(2) (2) Default classification. A herd of cattle in this state, and every herd from which cattle are sold into this state, is automatically classified as MAXIMUM RISK FOR JOHNE’S DISEASE without any notice from the department unless the department assigns a different classification to that herd under sub. (1).

ATCP 10.18(3) (3) Maintaining herd classification. To maintain a herd classification under sub. (1), the herd owner shall comply with the Johne’s disease national program standards for continued classification.

ATCP 10.18(4) (4) Classification notice to herd owner. A classification notice under sub. (1) (c) shall include all of the following:

ATCP 10.18(4)(a) (a) The classification assigned to the herd.

ATCP 10.18(4)(b) (b) The effective date and expiration date of the classification. A classification takes effect on the effective date specified in the notice, and supersedes any prior classification.

ATCP 10.18(5) (5) Misrepresenting herd classification. No seller may misrepresent a herd’s classification under this section.

ATCP 10.18(6) (6) Commingled cattle; classification. If cattle from 2 or more herds are commingled, the classification of the commingled herd is determined according to the Johne’s disease national program standards.

ATCP 10.18(7) (7) Department disclosure of herd classification. The department may not disclose a herd classification under this section except to the herd owner, or with the written authorization of the herd owner, or as authorized under s. 95.232, Stats.