ATCP 10.25(1)(a)(a) No person may vaccinate swine in this state for pseudorabies unless the owner of those swine holds a vaccination permit from the department. ATCP 10.25(1)(b)(b) To obtain a vaccination permit under par. (a), an owner of swine shall apply on a form provided by the department. The department shall grant or deny an application within 5 business days after the department receives a complete application. ATCP 10.25(1)(c)(c) The department may issue a vaccination permit under par. (a) if the department finds that the swine have been infected with or exposed to pseudorabies, or are at risk for pseudorabies. The vaccination permit shall identify a licensed veterinarian who is authorized to receive the pseudorabies vaccine, and shall specify the number of authorized doses. The vaccination shall be performed by, or under the direction of, the licensed veterinarian. ATCP 10.25(2)(2) Vaccine label. No person may sell, distribute, or possess any pseudorabies vaccine in this state unless the vaccine container is labeled with the name and address of the vaccine manufacturer. ATCP 10.25(3)(a)(a) Except as provided in par. (b), no person may distribute pseudorabies vaccine to a retail purchaser or user in this state, other than a licensed veterinarian identified in a vaccination permit under sub. (1). The number of doses of vaccine distributed to the licensed veterinarian may not exceed the number of doses specified in the permit. ATCP 10.25(3)(b)(b) The department may issue a permit authorizing a veterinarian licensed in this state to purchase pseudorabies vaccine for use in swine outside the state. The department shall grant or deny a permit application within 5 business days after the department receives a written application from a veterinarian licensed in this state. The veterinarian shall record, and file with the department on a monthly basis, the number of doses of vaccine purchased for use outside the state, the location of each herd on which the vaccine was used, and the name and address of the herd owner. ATCP 10.25(3)(c)(c) A person who distributes pseudorabies vaccine to a veterinarian in this state shall file a report with the department within 15 days after the vaccine is delivered to the veterinarian. The report shall specify the name and address of the veterinarian, the date of delivery, and the amount of vaccine delivered. ATCP 10.25 HistoryHistory: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; correction in (2) made under s. 35.17, Stats., Register May 2020 No. 773. ATCP 10.26ATCP 10.26 Swine pseudorabies; testing and control. ATCP 10.26(1)(1) Who may collect test sample. A person who collects a pseudorabies test sample, for purposes of this chapter or ch. ATCP 12, shall be one of the following: ATCP 10.26(1)(a)(a) An accredited veterinarian and, if the accredited veterinarian collects the test sample from swine in this state, a Wisconsin certified veterinarian. ATCP 10.26(1)(b)(b) An authorized employee or agent of the department or the federal bureau. ATCP 10.26(2)(2) Test procedure. A pseudorabies test shall comply with the pseudorabies national eradication standards. A laboratory approved by the department or the federal bureau shall conduct laboratory testing. ATCP 10.26 NoteNote: The pseudorabies national eradication 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 10.26 NoteWisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.26(3)(3) Reporting test results. A veterinarian who collects pseudorabies test samples from swine in this state shall report the test results to the department and the swine owner, according to s. ATCP 10.04 (1). ATCP 10.26(4)(4) Surveillance testing. The department may conduct a surveillance sampling program for pseudorabies. The program shall include systematic collection and testing of blood or tissue samples from Wisconsin swine. Samples may include blood samples routinely collected from slaughtered swine. ATCP 10.26(5)(5) Investigation; herd testing. Whenever the department detects pseudorabies in any surveillance sample under sub. (4), the department shall investigate to determine whether swine herds in Wisconsin have been exposed to pseudorabies. The investigation may include additional testing of potentially exposed herds. ATCP 10.26(6)(a)(a) The department may quarantine swine whenever the department reasonably suspects that the swine may be infected with or exposed to pseudorabies. The department may quarantine all swine located on the premises. The quarantine shall comply with s. ATCP 10.91. ATCP 10.26(6)(b)(b) The department may release a quarantine under par. (a) if any of the following occur: ATCP 10.26(6)(b)1.1. All of the breeding animals and a statistically significant number of the finishing animals in the quarantined herd test negative on 2 consecutive pseudorabies tests approved by the department and administered at least 30 days apart. ATCP 10.26(6)(b)2.2. All swine on the premises are slaughtered, and the premises are cleaned, disinfected, and kept free of swine for at least 30 days. ATCP 10.26(6)(b)3.3. The department determines that the herd is not infected, based upon survey testing and epidemiological information. ATCP 10.26(7)(a)(a) The department may summarily condemn and order the destruction of swine whenever the department finds that condemnation is necessary to prevent or reduce the spread of pseudorabies. ATCP 10.26 NoteNote: See s. 95.27, Stats. A herd owner may receive indemnities for condemned swine, to the extent provided by law. ATCP 10.26(7)(b)(b) The state veterinarian may issue a condemnation order under par. (a) on behalf of the department. The order shall state the reason for the condemnation. ATCP 10.26 NoteNote: A herd owner may request a hearing on a condemnation order, pursuant to ch. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay the condemnation order. ATCP 10.26(8)(a)(a) A herd plan is an agreement, between the department and an owner of swine, for the eradication of pseudorabies. A herd plan shall comply with the pseudorabies national eradication standards, based on the state’s current program stage for control of pseudorabies. ATCP 10.26 NoteNote: The pseudorabies national eradication 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 10.26 NoteWisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.26(8)(b)(b) An owner of swine may enter into a herd plan within 60 days after the department quarantines those swine. The department may extend the deadline date for good cause. If a herd owner fails to enter into a herd plan by the deadline date, the herd owner is no longer eligible for indemnities if the department condemns the swine under sub. (7). ATCP 10.26(8)(c)(c) A herd plan shall be designed to eradicate pseudorabies within 24 months after the herd plan is signed, or within 24 months after the department quarantines the herd, whichever occurs first. The department may extend the eradication deadline for good cause. ATCP 10.26(8)(d)(d) The department shall periodically review and document a herd owner’s performance under a herd plan. If a herd owner fails or refuses to comply with a herd plan, the department may issue a notice revoking the herd owner’s eligibility for indemnities on swine condemned under sub. (7). The state veterinarian may issue the notice on behalf of the department. ATCP 10.26 NoteNote: A herd owner may request a hearing on a notice under par. (d), pursuant to ch. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay the condemnation order. ATCP 10.26(9)(a)(a) Swine that are infected with pseudorabies, or that are part of a herd quarantined for pseudorabies, shall be held separate and apart from all other swine until slaughtered. Swine that come in contact with infected swine, or with swine from a quarantined herd, are considered exposed swine. ATCP 10.26(9)(c)(c) Whenever the department authorizes the movement of swine quarantined for pseudorabies, the department shall take reasonable steps to notify other herd owners who may be adversely affected by the movement. The department shall, if practicable, issue a written notice to the other herd owners at least 10 days before the swine are moved. ATCP 10.27ATCP 10.27 Swine pseudorabies; herd certification. ATCP 10.27(1)(1) Qualified pseudorabies negative herd. The department may certify a herd of swine as a qualified pseudorabies negative herd if the herd qualifies for that certification under the pseudorabies national eradication standards. Every certification application shall include a nonrefundable fee of $50 for each year of certification. To maintain the certification, the herd owner shall comply with applicable requirements under the pseudorabies national eradication standards. ATCP 10.27 NoteNote: The pseudorabies national eradication 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 be obtained by writing to the following address: ATCP 10.27 NoteWisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.27(2)(2) Qualified pseudorabies negative grow-out herd. The department may certify a herd of swine as a qualified pseudorabies negative grow-out herd if the herd qualifies for that certification under the pseudorabies national eradication standards. Every certification application shall include a nonrefundable fee of $50 for each year of certification. To maintain the certification, the herd owner shall comply with applicable requirements under the pseudorabies national eradication standards. ATCP 10.27 NoteNote: The pseudorabies national eradication 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 be obtained by writing to the following address: ATCP 10.27 NoteWisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.27(3)(3) Feeder swine pseudorabies monitored herd. The department may certify a herd of swine as a feeder swine pseudorabies monitored herd if the herd qualifies for that certification under the pseudorabies national eradication standards. Every certification application shall include a nonrefundable fee of $50 for each year of certification. To maintain the certification, the herd owner shall comply with applicable requirements under the pseudorabies national eradication standards. ATCP 10.27 NoteNote: The pseudorabies national eradication 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 be obtained by writing to the following address: ATCP 10.27 NoteWisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.27(4)(a)(a) The department may summarily suspend or revoke any certification under this section if any of the following occur: ATCP 10.27(4)(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 10.27 NoteNote: A herd owner affected by a suspension or revocation 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 the summary suspension or revocation. ATCP 10.27 HistoryHistory: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (1) to (3) Register June 2008 No. 630, eff. 7-1-09. ATCP 10.28ATCP 10.28 Swine brucellosis; testing and control. Brucellosis testing and control requirements are specified under s. ATCP 10.052. ATCP 10.28 HistoryHistory: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 18-085: r. and recr. Register May 2020 No. 773, eff. 6-1-20. ATCP 10.29ATCP 10.29 Swine brucellosis-free herd; certification. ATCP 10.29(1)(1) Certification. The department may certify a herd of swine as a validated 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 each year of certification. To maintain the herd certification, the herd owner shall comply with applicable requirements under the brucellosis uniform methods and rules. ATCP 10.29 NoteNote: 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 10.29 NoteWisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
ATCP 10.29(2)(a)(a) The department may summarily suspend or revoke a certification under sub. (1) if any of the following occur: ATCP 10.29(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 10.29 NoteNote: A herd owner affected by a suspension or revocation 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 10.291ATCP 10.291 Swine porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus: testing and control. ATCP 10.291(1)(1) Who may collect test sample. A person who collects a porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus test sample, for purposes of this chapter or ch. ATCP 12, shall be one of the following: ATCP 10.291(1)(a)(a) An accredited veterinarian and, if the accredited veterinarian collects the test sample from swine in this state, a Wisconsin certified veterinarian. ATCP 10.291(1)(b)(b) A person working under the direction of a veterinarian under par. (a), provided that the veterinarian submits the sample for testing. ATCP 10.291(1)(c)(c) An authorized employee or agent of the department or the federal bureau. ATCP 10.291(2)(2) Test procedure. A test and test strategy used to determine whether the porcine reproductive and respiratory syndrome and the porcine epidemic diarrhea virus is in the herd of origin shall be approved by the department and shall provide 90% confidence that the disease would be identified if present at 30% prevalence in the herd by using one of the following: ATCP 10.291(2)(a)(a) Collecting a pooled sample of swine by hanging a cotton rope in a group of swine as follows: ATCP 10.291(2)(a)1.1. For herds with less than 150 swine, one pooled sample of swine shall be collected and tested. The number of swine to be pooled for samples shall be determined by the owner in consultation with his or her herd veterinarian. ATCP 10.291(2)(a)2.2. For herds with 150 to 299 swine, two pooled samples of swine shall be collected and tested. The number of swine to be pooled for samples shall be determined by the owner in consultation with his or her herd veterinarian. ATCP 10.291(2)(a)3.3. For herds with 300 or more swine, three pooled samples of swine shall be collected and tested. The number of swine to be pooled for samples shall be determined by the owner in consultation with his or her herd veterinarian. ATCP 10.291 NoteNote: Testing can be done for both porcine reproductive and respiratory syndrome and the porcine epidemic diarrhea virus using the samples collected under pars. (a) and (b).
ATCP 10.291(3)(3) Submitting samples and reporting test results. A veterinarian under sub. (1) shall submit the porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus samples from swine in this state to a department-approved laboratory and shall report any positive test results to the department and the swine owner.
