Chapter ATCP 10

ATCP 10.30(9)(d) (d) The laboratory operator shall euthanize all of the micro pigs at the end of the study, test, or experiment, and shall dispose of all carcasses in a manner that prevents biological exposure to other swine.

ATCP 10.30(10) (10) Garbage-fed swine; import prohibited. Swine fed on raw commercial garbage may not be imported into this state for slaughter or any other purpose. Swine fed on cooked commercial garbage may not be imported into this state unless the department first issues an import permit under s. ATCP 10.07 (2) that identifies the imported swine as swine fed on cooked commercial garbage.

ATCP 10.30 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (1) (b) 2., 3., 4., (2) (b) 2., 3., 4., (3) (b) 2., 3., 4., 6., (4) (b) 2., 3., 4., 6., (5) (b) 2., (6) (b) 2., 3., 4., 5., (8) (title) and (a) (intro.), (9) (intro.) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (1) (a) 3., cr. (1) (a) 3m. Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (1) (b) 2., (2) (b) 2., (3) (b) 2., (4) (b) 2., (6) (b) 2. Register July 2016 No. 727, eff. 10-1-16; CR 17-011: r. and recr. (1) (a) 3., r. (1) (a) 3m., am. (1) (b) 2., (2) (b) 2., 3., cr. (2) (b) 5., renum. (2) (d) to (2) (d) 1. and am., cr. (2) (d) 2., Register January 2018 No. 745 eff. 2-1-18; CR 18-085: am. (1) (a) 3., (b) 3., (2) (b) 3. Register May 2020 No. 773, eff. 6-1-20; correction in (1) (a) 3 a. made under s. 35.17, Stats., Register May 2020 No. 773.

ATCP 10.31 ATCP 10.31 Slaughter swine identification.

ATCP 10.31(1) (1) Identification required. Except as provided in sub. (3), a slaughtering establishment operator shall do all the following whenever that person receives a sow, boar, or stag for slaughter:

ATCP 10.31(1)(a) (a) If the animal meets either of the following criteria, identify the swine with an official swine back tag, a premises identification number ear tag or other approved slaughter identification, unless the swine already bears an official individual identification or slaughter identification:

ATCP 10.31(1)(a)1. 1. The animal does not pass the inspection process completed by state or federal inspectors.

ATCP 10.31(1)(a)2. 2. The animal is tested for disease.

ATCP 10.31(1)(b) (b) If the animal meets the criteria under par. (a) 1. or 2., make a record under sub. (2) for that swine.

ATCP 10.31(2) (2) Record.

ATCP 10.31(2)(a) (a) A record under sub. (1) (b) shall include all the following:

ATCP 10.31(2)(a)1. 1. The swine’s official individual identification or slaughter identification number.

ATCP 10.31(2)(a)2. 2. The date on which the swine was received.

ATCP 10.31(2)(a)4. 4. The name and address of the person from whom the swine was received.

ATCP 10.31(2)(a)5. 5. The swine’s class.

ATCP 10.31(2)(b) (b) The record under par. (a) shall be retained for at least 5 years, and shall be made available to the department for inspection and copying upon request.

ATCP 10.31(3) (3) Low-volume slaughter establishments; exemption. The department may, by written notice, exempt a slaughtering establishment from sub. (1) if all the following apply:

ATCP 10.31(3)(a) (a) The slaughtering establishment receives all of its swine directly from producers.

ATCP 10.31(3)(b) (b) The slaughtering establishment records the herd of origin of every swine slaughtered.

ATCP 10.31(3)(c) (c) The slaughtering establishment slaughters not more than 100 swine per day, and operates no more than 5 days per week.

ATCP 10.31 Note Note: Animal identification requirements for animal truckers, animal markets, and animal dealers are specified under ch. ATCP 12.

ATCP 10.31 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 15-092: am. (1) (intro.), (a), (2) (a) 1., 3., (b) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (intro.), renum. (1) (a) to (1) (a) (intro.) and am., cr. (1) (a) 1., 2., am. (1) (b), r. (2) (a) 3. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.32 ATCP 10.32 Moving commercial swine in Wisconsin.

ATCP 10.32(1) (1) Pseudorabies.

ATCP 10.32(1)(a) (a) Test required. Except as provided in par. (b), no person may move commercial swine within this state unless all of the following apply:

ATCP 10.32(1)(a)1. 1. The swine have tested negative on a pseudorabies test conducted not more than 30 days prior to the intrastate movement.

ATCP 10.32(1)(a)2. 2. A copy of the negative test report under par. (a) accompanies the swine. The operator of a swine growth performance test station shall keep copies of pseudorabies test reports for all swine moved into or out of the test station. The test station operator shall retain the copies for a period of 5 years, and make them available to the department for inspection and copying upon request.

ATCP 10.32(1)(b) (b) Exemptions. Paragraph (a) does not apply if any of the following apply:

ATCP 10.32(1)(b)1. 1. This state has a federal bureau designation as a pseudorabies stage IV or V state at the time the swine are moved.

ATCP 10.32(1)(b)2. 2. The swine are moved from a qualified pseudorabies negative herd or a qualified pseudorabies negative grow-out herd, where they originate.

ATCP 10.32(1)(b)3. 3. The swine are moved directly to a slaughtering establishment for slaughter.

ATCP 10.32(1)(b)4. 4. The swine are moved to the premises of an animal dealer or animal market operator who complies with the testing requirement under par. (a) before the swine are moved from those premises.

ATCP 10.32(1)(b)5. 5. The swine are moved only between premises owned or operated by the same person, who is at all times the owner of the swine.

ATCP 10.32(2) (2) Porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus.

ATCP 10.32(2)(a) (a) Test required.

ATCP 10.32(2)(a)1. 1. Except as provided in par. (b), no person may move commercial swine within this state unless the herd of origin has tested negative on a porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus test conducted not more than 90 days prior to the intrastate movement and documentation of the test reports are made available at the time of sale and to the department upon request. Testing under this paragraph shall comply with s. ATCP 10.291.

ATCP 10.32(2)(a)2. 2. If the swine’s herd of origin does not meet the requirements under subd. 1., the department shall quarantine the herd of origin and follow the procedures under s. ATCP 10.291 (4) and (5) before any swine may be moved from the premises.

ATCP 10.32(2)(a)3. 3. If commercial exhibition swine originate from Wisconsin and return to Wisconsin after an exhibition in another state, the exhibitor must notify the department of the movement before returning to Wisconsin. The department shall quarantine the returning swine, herd of origin, or both and follow the procedures under s. ATCP 10.291 (4) and (5) before any swine may be moved from the premises. This subdivision does not apply if the out-of-state exhibition organizer requires all participating swine to test negative for porcine reproductive and respiratory syndrome and porcine epidemic diarrhea virus within 90 days prior to the event.

ATCP 10.32(2)(b) (b) Exemption. Paragraph (a) does not apply if any of the following apply:

ATCP 10.32(2)(b)1. 1. The swine are moved directly to a slaughtering establishment for slaughter or directly to an animal market to be sold at a sale where all swine on the market premises are shipped directly to a slaughtering establishment.

ATCP 10.32(2)(b)2. 2. The swine are moved to one fair or exhibition under s. ATCP 10.87 prior to being shipped directly to slaughter or directly to an animal market to be sold at a sale where all swine on the market premises are shipped directly to a slaughtering establishment.

ATCP 10.32(2)(b)3. 3. 3. Commercial swine moving directly to an animal market, if all swine on the market premises the day of the sale are shipped directly to slaughter.

ATCP 10.32 Note Note: Any swine included under s. NR 16.11 (3) may not be held or kept without specific authorization from the DNR. See s. 169.11 (1) (b), Stats.

ATCP 10.32 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (title), (1) (intro.) Register July 2012 No. 679, eff. 8-1-12; CR 17-011: renum. (1) to (1) (a) and am. (intro.), renumber (2) to (1) (b) and am. (intro.), (4), cr. (2) Register January 2018 No. 745 eff. 2-1-18; correction in (1), (1) (a), (2), (2) (a) titles made under s. 13.92 (4) (b) 2., Stats., and correction in (2) (a) 2., 3., (b) (title) made under s. 35.17, Stats., Register January 2018 No. 745; CR 18-085: am. (2) (title), (a), (b) 1., 2., cr. (2) (b) 3. Register May 2020 No. 773, eff. 6-1-20.

subch. V of ch. ATCP 10 Subchapter V — Equine Animals

ATCP 10.35 ATCP 10.35 Equine infectious anemia.

ATCP 10.35(1) (1) Sale of equine animal; testing required.

ATCP 10.35(1)(a) (a) Except as provided in par. (b), no person may purchase, sell, or transfer ownership of any equine animal in this state unless the animal has tested negative for equine infectious anemia within 12 months from the date the blood was drawn for the test to the date of purchase, sale, or transfer and the official test report accompanies the animal.

ATCP 10.35(1)(b) (b) Paragraph (a) does not apply to any of the following:

ATCP 10.35(1)(b)1. 1. A nursing foal accompanying its dam.

ATCP 10.35(1)(b)2. 2. An equine animal sold directly to a slaughtering establishment for slaughter.

ATCP 10.35(1)(b)3. 3. An equine animal consigned or sold to an animal dealer, provided the animal dealer ships the animal directly to slaughter or has the animal tested for equine infectious anemia within 10 days after its consignment or sale to the dealer. Until the negative equine infectious anemia test results are obtained, the animal dealer may not consign or sell the animal or move the animal from the animal dealer premises or allow the animal to commingle with any other animal on the premises.

ATCP 10.35(1)(b)4. 4. An equine animal consigned or sold to an animal market operator, provided that the animal market operator ships the animal directly to slaughter or has the animal tested for equine infectious anemia within 4 days after it arrives at the animal market premises. Until the negative equine infectious anemia test results are obtained, an equine animal may not leave the market premises and may not be commingled with any other animal on the premises.

ATCP 10.35(2) (2) Who may collect test sample. A person who collects an equine infectious anemia test sample, for purposes of this chapter or ch. ATCP 12, shall be one of the following:

ATCP 10.35(2)(a) (a) An accredited veterinarian. If the veterinarian performs the test in this state, the veterinarian shall also be a Wisconsin certified veterinarian.

ATCP 10.35(2)(b) (b) An authorized employee or agent of the department or the federal bureau.

ATCP 10.35(3) (3) Sample identification and testing. A person who collects an equine infectious anemia test sample shall identify the sample with the official individual identification of the equine animal from which the sample was collected. Equine infectious anemia tests shall be conducted at a laboratory approved by the department or the federal bureau.

ATCP 10.35(4) (4) Test positive and exposed animals.

ATCP 10.35(4)(a) (a) No person may move an equine animal that tests positive for equine infectious anemia, except as provided in this section. The department shall summarily quarantine every test positive animal. The quarantine notice shall include all of the following:

ATCP 10.35(4)(a)1. 1. Notice of the positive equine infectious anemia test.

ATCP 10.35(4)(a)2. 2. Notice that the owner or custodian may request a retest under sub. (5).

ATCP 10.35(4)(a)3. 3. Notice that the state veterinarian may issue a branding order under sub. (6).

ATCP 10.35(4)(a)4. 4. Notice of quarantine conditions, including the conditions under pars. (e) and (f).

ATCP 10.35(4)(b) (b) If the department finds that a test positive animal under par. (a) has participated in an event where it could have exposed other equine animals, the department shall notify the event sponsor. The event sponsor shall notify other event participants their animals may have been exposed.

ATCP 10.35(4)(c) (c) The department may summarily quarantine any of the following:

ATCP 10.35(4)(c)1. 1. Equine animals kept on the same premises with a test positive animal under par. (a).

ATCP 10.35(4)(c)2. 2. Equine animals that may have been exposed to a test positive animal under par. (a).

ATCP 10.35(4)(d) (d) A quarantine under par. (a) or (c) shall comply with s. ATCP 10.91.

ATCP 10.35(4)(e) (e) An equine animal quarantined under par. (a) or (c) shall be kept in a stall or other facility from which flies are effectively excluded, or at least 300 yards from all equine animals that are not known to be infected.

ATCP 10.35 Note Note: Equine infectious anemia is spread by biting flies.

ATCP 10.35(4)(f) (f) No person may move, sell, or transfer custody of an equine animal quarantined under par. (a) or (c) without a permit under s. ATCP 10.89 (6).

ATCP 10.35 Note Note: A person adversely affected by a quarantine under par. (a) or (c) may, within 30 days after the quarantine is served, request a hearing on the quarantine as provided in s. ATCP 10.89 (6). A request for hearing does not automatically stay a quarantine notice.

ATCP 10.35(5) (5) Retest.

ATCP 10.35(5)(a) (a) The department shall retest an animal quarantined under sub. (4) (a) if, within 10 days after the quarantine notice is served, the owner of the quarantined animal files a written retest request with the department and pays a retest fee of $25. A retest request does not stay a quarantine notice under sub. (4) (a).

ATCP 10.35(5)(b) (b) A veterinarian employed by the department or the federal bureau shall collect the test sample for any retest under par. (a). The veterinarian shall verify that the retested animal is the same animal originally tested. The veterinarian shall collect the retest sample at least 14 days after the department receives the retest request, but not more than 45 days after the initial test sample was collected.

ATCP 10.35(5)(c) (c) If a retest result is negative, the department may do any of the following:

ATCP 10.35(5)(c)1. 1. Release the quarantine issued under sub. (4) (a).

ATCP 10.35(5)(c)2. 2. Conduct additional testing to clarify the disease status of the animal.

ATCP 10.35(6) (6) Branding order.

ATCP 10.35(6)(a) (a) The state veterinarian shall issue a branding order for each test positive animal quarantined under sub. (4) (a), unless one of the following applies:

ATCP 10.35(6)(a)1. 1. The time for requesting a retest, or a hearing on the quarantine order, has not yet expired.

ATCP 10.35(6)(a)2. 2. A person has made a timely request for hearing on the quarantine order, and the contested case proceeding is not yet completed.

ATCP 10.35(6)(a)3. 3. A person has made a valid request for a retest under sub. (5), and the retest is not yet completed.

ATCP 10.35(6)(a)4. 4. A retest fails to confirm the initial test result.

ATCP 10.35(6)(a)5. 5. The state veterinarian is restrained by a judicial order, or by order of the department secretary or administrative law judge under ch. ATCP 1.

ATCP 10.35(6)(a)6. 6. The department has released its quarantine under sub. (4) (a).

ATCP 10.35(6)(a)7. 7. The state veterinarian determines that branding is not appropriate or necessary.

ATCP 10.35(6)(b) (b) A branding order under par. (a) shall be served on the owner and on the custodian of the animal to be branded. A veterinarian employed by the department or the federal bureau shall execute the branding order by applying a “35a” freeze brand to the left side of the animal’s neck. The veterinarian may not execute the branding order sooner than 14 days after the branding order is served on the owner and custodian of the animal, unless the owner and custodian consent in writing to the branding. No person may, except by judicial or administrative process, prevent the lawful execution of a branding order under this paragraph.

ATCP 10.35 Note Note: A person adversely affected by a branding order may request a hearing on the order, pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay the branding order.