Chapter ATCP 10

ATCP 10.40 ATCP 10.40 Poultry and farm-raised game birds; requirements for birds and eggs exhibited at fairs or poultry shows.

ATCP 10.40(1) (1) Birds and eggs exhibited at fairs or poultry shows. No person may exhibit poultry or farm-raised game birds or their eggs at a fair or poultry show, unless one of the following applies:

ATCP 10.40(1)(a) (a) Documentation that the birds or eggs currently reside in a flock that is enrolled in the national poultry improvement plan under s. ATCP 10.41.

ATCP 10.40(1)(b) (b) Documentation that the birds or eggs currently reside in a flock that qualifies as an affiliate flock under the national poultry improvement plan.

ATCP 10.40(1)(c) (c) Documentation that the birds or eggs currently reside in a flock that documents that it is a Wisconsin tested flock under sub. (2) or a Wisconsin associate flock under sub. (3).

ATCP 10.40(1)(d) (d)

ATCP 10.40(1)(d)1. 1. Documentation that individual birds tested negative for pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum, within the preceding 90 days, and there has been no change of ownership of any birds since the completion of testing. Testing for purposes of a fair or poultry show shall be completed before the birds arrive at the fair or poultry show.

ATCP 10.40(1)(d)2. 2. Only sexually mature birds may be individually tested under this paragraph. A sexually mature bird is over 4 months old except that, in the case of turkeys, it is a bird over 6 months old. Eggs and sexually immature birds may not be tested under this paragraph.

ATCP 10.40(1)(e) (e) The birds or eggs are pigeons or pigeon eggs.

ATCP 10.40(2) (2) Wisconsin tested flock.

ATCP 10.40(2)(a) (a) The owner of a flock of poultry or farm-raised game birds shall document that the flock is a Wisconsin tested flock by completing a form provided by the department. The form shall include all of the following:

ATCP 10.40(2)(a)1. 1. The legal name and address of the flock owner.

ATCP 10.40(2)(a)2. 2. The address and livestock premises code of the flock premises.

ATCP 10.40(2)(a)3. 3. The approximate size of the flock, and the type of birds included in the flock.

ATCP 10.40(2)(a)4. 4. Disease testing information under par. (c).

ATCP 10.40 Note Note: A flock owner may request a Wisconsin tested flock form by visiting the department website at http://datcp.wi.gov, or by writing to the following address:

ATCP 10.40 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.40(2)(b) (b) The Wisconsin tested flock form under par. (a) shall be valid one year from the date that tests were conducted under par. (c).

ATCP 10.40(2)(c) (c) A Wisconsin tested flock form under par. (a) shall include proof that all sexually mature birds in the flock have tested negative as specified under sub. (4) for all of the following:

ATCP 10.40(2)(c)1. 1. Pullorum.

ATCP 10.40(2)(c)2. 2. Fowl typhoid.

ATCP 10.40(2)(c)3. 3. Mycoplasma gallisepticum, in the case of turkeys.

ATCP 10.40(2)(d) (d) For purposes of par. (c), a sexually mature bird is a bird over 4 months old except that, in the case of turkeys, it is a bird over 6 months old.

ATCP 10.40(3) (3) Wisconsin associate flock.

ATCP 10.40(3)(a) (a) The owner of a flock of poultry or farm-raised game birds shall document that the flock is a Wisconsin associate flock by completing a form provided by the department. The form shall include all of the following:

ATCP 10.40(3)(a)1. 1. The legal name and address of the flock owner.

ATCP 10.40(3)(a)2. 2. The address and livestock premises code of the flock premises.

ATCP 10.40(3)(a)3. 3. The number and type of birds in the flock.

ATCP 10.40(3)(a)4. 4. An invoice or other documentation showing that all of the birds or bird eggs in the flock were acquired directly from a flock enrolled under sub. (2) or (3) or s. ATCP 10.41.

ATCP 10.40(3)(a)5. 5. A statement certifying that the flock owner keeps no other poultry or farm-raised game birds on the flock premises.

ATCP 10.40 Note Note: A flock owner may request an enrollment application form by visiting the department website at http://datcp.wi.gov, or by writing to the following address:

ATCP 10.40 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.40(3)(b) (b) The Wisconsin associate flock form under par. (a) is valid as long as all birds or eggs introduced to the flock were acquired directly from a flock under this subsection, sub. (2), or s. ATCP 10.41.

ATCP 10.40(4) (4) Disease testing. Disease testing, for purposes of this section and s. ATCP 10.41, shall comply with all of the following standards:

ATCP 10.40(4)(a) (a) Blood samples for testing shall be drawn by one of the following:

ATCP 10.40(4)(a)1. 1. An individual who has completed sample collection training, provided by the department, within 5 years prior to collecting the blood samples. The department shall charge a $25 training fee.

ATCP 10.40(4)(a)2. 2. An individual approved by the federal bureau or by the state in which the blood samples are drawn, if the blood samples are drawn in another state pursuant to the national poultry improvement plan.

ATCP 10.40(4)(b) (b) Except as provided in par. (c):

ATCP 10.40(4)(b)1. 1. An individual who draws blood samples for testing shall identify each bird with official individual identification, or with another identification number that uniquely identifies that bird.

ATCP 10.40(4)(b)2. 2. An individual who draws blood samples for laboratory testing shall label each blood sample with the identification number of the bird from which it was drawn.

ATCP 10.40(4)(c) (c) Paragraph (b) does not apply to a whole flock test of poultry or farm-raised game birds.

ATCP 10.40(4)(e) (e) Sample collection, on-site test methods, and laboratory test methods shall comply with standards specified in the national poultry improvement plan. Laboratory tests shall be conducted by a laboratory approved by the department, the federal bureau, or another state under the national poultry improvement plan.

ATCP 10.40 Note Note: See disease reporting requirements under s. ATCP 10.03.

ATCP 10.40(6) (6) Commingling.

ATCP 10.40(6)(c) (c) Birds belonging to a flock enrolled under sub. (2) or (3) or s. ATCP 10.41 may not be commingled with any birds that are not part of the flock, except at shows and exhibitions where all birds have tested negative for pullorum, fowl typhoid, and, in the case of turkeys, Mycoplasma gallisepticum.

ATCP 10.40(6)(d) (d) Birds do not qualify under sub. (1) (d) if they have been commingled with birds from another flock or source, except at shows and exhibitions where all birds have tested negative for pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum.

ATCP 10.40(7) (7) Poultry sales.

ATCP 10.40(7)(a) (a) A person who sells poultry or eggs from flocks under sub. (2) or (3) or s. ATCP 10.41, shall do all of the following:

ATCP 10.40(7)(a)1. 1. Fill out, retain for at least 3 years, and make available to the department for inspection and copying upon request, a copy of the sale information on a form provided by the department.

ATCP 10.40(7)(a)2. 2. Provide, to the buyer, a copy of the current Wisconsin tested flock form under sub. (2), Wisconsin associate flock form under sub. (3), or flock enrollment certificate under s. ATCP 10.41.

ATCP 10.40(7)(b) (b) A person who sells poultry meeting the criteria under sub. (1) (d) shall do all of the following:

ATCP 10.40(7)(b)1. 1. Fill out, retain for at least 3 years, and make available to the department for inspection and copying upon request, a copy of the sale information on a form provided by the department.

ATCP 10.40(7)(b)2. 2. Document, to the buyer, that the poultry comply with sub. (1) (d).

ATCP 10.40 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (4) (a) 1. Register June 2008 No. 630, eff. 7-1-09; CR 07-107: am. (1) (d) 1., (4) (b) 1., (6) (c) and (d) Register November 2008 No. 635, eff. 12-1-08; correction in (6) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 11-048: am. (3) (b) 4., (4) (a) 1. Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (1) (intro.), r. (6) (a), (b) Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (1) (intro.) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (intro.), (title), (a), r. (1) (a) 1., 2., am. (1) (b), (c), r. (1) (d) (intro.), am. (1) (d) 1., r. and recr. (1) (d) 2., (g), consol. (2) (a), (b) (intro.) and renum. (2) (a) (intro.) and am., cr. (2) (b), am. (2) (c) (intro.), r. (2) (e), consol. (3) (a), (b) and renum. (3) (a) (intro.) and am., cr. (3) (b), r. (3) (c), (4) (b) 3., (d), (5), am. (7) (a), (b) (intro.), 1., r. (8) Register May 2020 No. 773, eff. 6-1-20; renum. (1) (a) (intro.), (2) (b) 1. to 4., (3) (b) 1. to 5. to (1) (a), (2) (a) 1. to 4., (3) (a) 1. to 5. under s. 13.92 (4) (b) 1., Stats., correction in (4) (b) (intro.) made under s. 13.92 (4) (b) 7., Stats., and correction in (3) (b), (7) (a) (intro.) made under s. 35.17, Stats., Register May 2020 No. 773.

ATCP 10.41 ATCP 10.41 National poultry improvement plan.

ATCP 10.41(1) (1) Annual flock enrollment. The owner of a flock of poultry or farm-raised game birds may annually enroll that flock in the national poultry improvement plan. An annual enrollment expires on June 30 following the year of enrollment.

ATCP 10.41 Note Note: The national poultry improvement plan is 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. A flock owner may also request a copy by visiting the department website at http://datcp.wi.gov, or by writing to the following address:

ATCP 10.41 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.41(2) (2) Enrollment application. A flock owner shall apply for enrollment under sub. (1) on a form provided by the department. The application shall include the test results required under sub. (3), the fee required under sub. (5), and the livestock premises code of the flock premises. The department shall grant or deny an enrollment application within 30 days after the department receives a complete application.

ATCP 10.41 Note Note: A flock owner may request an enrollment application form by visiting the department website at http://datcp.wi.gov, or by writing to the following address:

ATCP 10.41 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 10.41(3) (3) Annual disease testing. An enrollment application under sub. (1) shall include proof that the flock has been tested for all of the following, within one year prior to the enrollment application date, according to the national poultry improvement plan:

ATCP 10.41(3)(a) (a) Pullorum.

ATCP 10.41(3)(b) (b) Fowl typhoid.

ATCP 10.41(3)(c) (c) Mycoplasma gallisepticum, in the case of turkeys.

ATCP 10.41(5) (5) Fee. An enrollment application under sub. (1) shall include the following annual enrollment fee, as applicable, based on flock type:

ATCP 10.41(5)(a) (a) $40 if the flock includes no more than 200 breeders or consists solely of specialty breeds, other than breeds commonly raised for meat or egg production, and the flock owner raises the birds primarily for exhibition.

ATCP 10.41(5)(b) (b) $40 if the flock owner does not hatch or collect eggs, and obtains stock solely from flocks enrolled in the national poultry improvement plan.

ATCP 10.41(5)(c) (c) $60 if the flock includes farm-raised game birds, the flock owner does not hatch or collect eggs, and the flock owner obtains stock solely from flocks enrolled in the national poultry improvement plan.

ATCP 10.41(5)(d) (d) The following applicable fee for a breeding flock of poultry or farm-raised game birds:

ATCP 10.41(5)(d)1. 1. $80 if the flock includes more than 200 but no more than 1,000 breeders.

ATCP 10.41(5)(d)2. 2. $100 if the flock includes more than 1,000 breeders, but no more than 5,000 breeders.

ATCP 10.41(5)(d)3. 3. $200 if the flock includes more than 5,000 breeders, but no more than 10,000 breeders.

ATCP 10.41(5)(d)4. 4. $400 if the flock includes more than 10,000 breeders.

ATCP 10.41(6) (6) Testing. Testing under this section, including test sample collection, shall comply with applicable requirements in s. ATCP 10.40 (4).

ATCP 10.41(7) (7) Compliance and inspection. A flock enrolled in the national poultry improvement plan shall comply with all applicable requirements under the plan. The department may inspect enrolled flocks and take other actions as appropriate, based on plan requirements.

ATCP 10.41 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (5) (a) to (d) and (6) Register June 2008 No. 630, eff. 7-1-09; CR 07-107: am. (2) and (6) Register November 2008 No. 635, eff. 12-1-08; CR 18-085: am. (1), r. (4), am. (5) (a), (d) 1., (7) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.42 ATCP 10.42 Poultry imports.

ATCP 10.42(1) (1) Import requirements. Except as provided in sub. (2):

ATCP 10.42(1)(a) (a) No live poultry, poultry eggs for hatching, farm-raised game birds or farm-raised game bird eggs for hatching may be imported to this state unless the live birds or eggs are accompanied by a federal bureau form VS 9-3 or a valid certificate of veterinary inspection that certifies at least one of the following:

ATCP 10.42(1)(a)1. 1. They are directly imported from flocks that are enrolled in the national poultry improvement plan.

ATCP 10.42(1)(a)2. 2. They are directly imported from flocks that are classified as “U.S. pullorum-typhoid clean” and, in the case of turkeys and turkey eggs, “Mycoplasma gallisepticum clean” under the national poultry improvement plan.

ATCP 10.42(1)(a)3. 3. All individual test-eligible birds have tested negative for pullorum, fowl typhoid, and, in the case of turkeys, Mycoplasma gallisepticum within 90 days prior to import. Tested birds shall bear official individual identification, and there shall be no change of ownership between the test sampling date and the import date.

ATCP 10.42(1)(b) (b) The person who imports poultry under this section shall retain the information under par. (a) for at least 3 years and make the records available to the department for inspection and copying upon request.

ATCP 10.42(2) (2) Exemption. Subsection (1) does not apply to poultry or farm-raised game birds that are imported directly to a slaughtering establishment for immediate slaughter.

ATCP 10.42 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: r. and recr. (1) (a) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (1) (a) Register July 2012 No. 679, eff. 8-1-12; CR 18-085: am. (1) (a) 1., 2., r. and recr. (1) (b) Register May 2020 No. 773, eff. 6-1-20.

subch. VII of ch. ATCP 10 Subchapter VII — Farm-Raised Deer

ATCP 10.45 ATCP 10.45 Farm-raised deer; disease testing.

ATCP 10.45(1) (1) Availability for testing. A keeper of farm-raised deer shall make the farm-raised deer available to the department for disease testing upon request.