Chapter ATCP 10

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.

ATCP 10.18 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 10.18 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.18 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 13-058: am. (2), r. (4) (c) Register March 2014 No. 699, eff. 6-1-14.

ATCP 10.19 ATCP 10.19 Johne’s disease testing and management costs; reimbursement.

ATCP 10.19(1) (1) Department may reimburse costs. The department may award a grant under s. 95.197, Stats., to reimburse a cattle herd owner for any of the following costs incurred by the herd owner:

ATCP 10.19(1)(a) (a) Laboratory costs for Johne’s disease tests under s. ATCP 10.15.

ATCP 10.19(1)(b) (b) Reasonable veterinarian costs to do any of the following:

ATCP 10.19(1)(b)1. 1. Collect and submit samples for Johne’s disease testing under s. ATCP 10.15.

ATCP 10.19(1)(b)2. 2. Prepare a Johne’s disease herd risk assessment and herd management plan under sub. (2) (a) 1.

ATCP 10.19(1)(b)3. 3. Vaccinate the herd for Johne’s disease according to s. ATCP 10.17.

ATCP 10.19(2) (2) Reimbursement claims.

ATCP 10.19(2)(a) (a) A herd owner shall file each claim for reimbursement under sub. (1) on a form provided by the department. The herd owner shall include all of the following in the reimbursement claim, in order to be eligible for reimbursement of any costs under sub. (1):

ATCP 10.19(2)(a)1. 1. A Johne’s disease herd risk assessment and herd management plan, prepared by a veterinarian certified under s. ATCP 10.20 (1). The risk assessment and management plan shall comply with the Johne’s disease national program standards. The herd owner need not include a risk assessment or management plan if the herd owner has previously filed a risk assessment or management plan with the department, unless the prior risk assessment or management plan has changed or no longer complies with the Johne’s disease national program standards.

ATCP 10.19(2)(a)2. 2. Copies of bills or invoices documenting costs that are eligible for reimbursement under sub. (1).

ATCP 10.19(2)(a)3. 3. A livestock premises registration code under s. ATCP 17.02 for the location where the herd is kept.

ATCP 10.19(2)(b) (b) Claims for costs incurred in any calendar year shall be postmarked or delivered to the department on or before February 1 of the following calendar year, except that the department may consider claims filed after February 1 but before March 1. A herd owner may file multiple claims for costs incurred in any calendar year, provided that the claims are not duplicative.

ATCP 10.19(3) (3) Reimbursement priorities. The department shall pay eligible claims under sub. (2), for costs incurred in any calendar year, from the appropriation account dedicated to the reimbursement of costs incurred in that calendar year. The department shall pay eligible claims in the following order:

ATCP 10.19(3)(a) (a) The department shall first pay eligible claims, for costs incurred in any calendar year, which are received or postmarked on or before February 1 of the next calendar year. If the sum of those eligible claims exceeds the amount available in the relevant appropriation account, the department may pay those eligible claims pro rata.

ATCP 10.19(3)(b) (b) If the department decides to pay any claims received or postmarked after February 1 and before March 1 of any year, for costs incurred in the preceding calendar year, the department shall pay those claims in the order that it received them. The department may determine the amount that it will designate for the payment of claims under this paragraph.

ATCP 10.19(5) (5) Payment deadline. By June 30 of each calendar year, the department shall pay claims allowed under this section for costs incurred in the preceding calendar year.

ATCP 10.19(6) (6) Claims disallowed.

ATCP 10.19(6)(a) (a) The department may disallow all or part of a claim under sub. (2) for any of the following reasons:

ATCP 10.19(6)(a)1. 1. The claim is not timely, or is not eligible for reimbursement under this section.

ATCP 10.19(6)(a)2. 2. The herd owner has misrepresented or falsified any information in the claim.

ATCP 10.19(6)(a)3. 3. There are inadequate funds to pay the claim, according to this section, by the payment deadline date in sub. (5).

ATCP 10.19(6)(b) (b) A herd owner may not resubmit any portion of a claim that is disallowed under this subsection, except as specifically authorized by the department.

ATCP 10.19 Note Note: Sometimes, the legislature provides funding for the Johne’s disease program. Sections ATCP 10.15 to 10.20 provide the rules, required under s. 95.197, Stats., to administer that financial assistance program. The department publicly announces the availability of any funding.

ATCP 10.19 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 10.19 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.19 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: cr. (2) (a) 3., am. (2) (b) and (3) (a) Register November 2008 No. 635, eff. 12-1-08; CR 13-058: am. (1) (intro.) Register March 2014 No. 699, eff. 6-1-14.