Chapter ATCP 10

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.

ATCP 10.45(2) (2) Restrained for testing. A keeper of farm-raised deer shall restrain the farm-raised deer for disease testing, to ensure the safety of the farm-raised deer and the person performing the test. The keeper shall restrain the farm-raised deer by one of the following methods:

ATCP 10.45(2)(a) (a) By providing animal handling facilities that comply with sub. (3).

ATCP 10.45(2)(b) (b) By tranquilizing the farm-raised deer, to the satisfaction of the department, so they can be safely tested.

ATCP 10.45 Note Note: The department will not tranquilize farm-raised deer for testing, and assumes no liability related to the tranquilization of farm-raised deer.

ATCP 10.45(3) (3) Handling facilities.

ATCP 10.45(3)(a) (a) Animal handling facilities under sub. (2) (a) shall include all of the following:

ATCP 10.45(3)(a)1. 1. A holding pen in which farm-raised deer can be safely directed into an alleyway and then to a chute or individual restraining pen for testing.

ATCP 10.45(3)(a)2. 2. An alleyway through which farm-raised deer can be safely guided into a chute or restraining pen for testing.

ATCP 10.45(3)(a)3. 3. A chute or restraining pen which can safely hold farm-raised deer for testing.

ATCP 10.45(3)(a)4. 4. Adequate fencing. Fences used to confine farm-raised deer in animal handling facilities shall be at least 7 feet 10 inches high, except that fences used to confine farm-raised deer of the genus rangifer shall be at least 5 feet high.

ATCP 10.45(3)(b) (b) If the department determines that animal handling facilities do not comply with par. (a), the department may order the keeper to provide acceptable facilities or an acceptable alternative method of restraining farm-raised deer under sub. (2). The keeper shall comply with the department’s order within 30 days, unless for good cause the department specifies a different time period.

ATCP 10.45 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 18-085: r. (2) (c) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.46 ATCP 10.46 Farm-raised deer herds; registration.

ATCP 10.46(1) (1) Registration certificate required.

ATCP 10.46(1)(a) (a) Except as provided in par. (e), (g) or (h), no person may keep farm-raised deer at any location in this state unless the department has issued a current annual farm-raised deer herd registration certificate authorizing that person to keep farm-raised deer at that location or a location at which a person holds a valid farm-raised deer herd registration certificate under this subsection. A herd registration certificate is not transferable between persons or locations, except as authorized under s. 95.55 (3c) (b), Stats.

ATCP 10.46(1)(b) (b) A herd registration certificate under par. (a) may authorize the registrant to keep a herd of farm-raised deer at 2 or more locations identified in the registration certificate, subject to sub. (4).

ATCP 10.46(1)(c) (c) Farm-raised deer from 2 or more herds covered by separate herd registration certificates may be kept at the same location, subject to sub. (5).

ATCP 10.46(1)(d) (d) A herd registration certificate under par. (a) shall bear one or more current livestock premises codes that, together, cover all of the herd locations identified in the registration certificate.

ATCP 10.46(1)(e) (e) Paragraph (a) does not apply to the operator of an establishment, licensed under s. 97.42, Stats., at which that operator keeps live farm-raised deer for not more than 72 hours before slaughtering them.

ATCP 10.46(1)(f) (f) Except as provided under sub. (11) (d), before registering any herd to be kept at the same location as bovine animals, the department shall inspect the location to determine whether the herds are medically separated. For each inspection under this paragraph, the registrant shall pay the fee required under s. ATCP 10.025.

ATCP 10.46(1)(g) (g) Paragraph (a) does not apply to an animal dealer licensed under s. ATCP 12.03, who has purchased farm-raised deer from a farm-raised deer keeper whose herd is registered under this section, and who moves those deer directly to slaughter, if all of the following requirements are met:

ATCP 10.46(1)(g)1. 1. The animal dealer adheres to farm-raised deer slaughter identification requirements under s. ATCP 12.05 (5) (a) and (b).

ATCP 10.46(1)(g)2. 2. The animal dealer adheres to farm-raised deer slaughter movement requirements under s. ATCP 10.56 (1).

ATCP 10.46(1)(g)3. 3. The animal dealer tests the farm-raised deer for chronic wasting disease as required under s. ATCP 10.52, according to the testing requirements of the herd from which the deer were purchased.

ATCP 10.46(1)(g)4. 4. The animal dealer keeps records of chronic wasting disease test results and movement requirements under sub. (10) (b) for those deer, for 5 years.

ATCP 10.46(1)(g)5. 5. The animal dealer provides a copy of movement documents and chronic wasting disease test results, if applicable, to the owner of the herd from which the farm-raised deer were purchased.

ATCP 10.46(1)(g)6. 6. The animal dealer removes the farm-raised deer from the premises from which the farm-raised deer were purchased prior to the expiration date of the herd’s registration under this section.

ATCP 10.46(1)(h) (h) Paragraph (a) does not apply to temporary farm-raised deer exhibits, if all of the following requirements are met:

ATCP 10.46(1)(h)1. 1. The deer owner adheres to farm-raised deer identification requirements under s. ATCP 10.54 (3).

ATCP 10.46(1)(h)2. 2. If the farm-raised deer are imported to an exhibit in Wisconsin, the deer owner meets the requirements under s. ATCP 10.55.

ATCP 10.46(1)(h)3. 3. If the farm-raised deer are moved from a premises in Wisconsin to an exhibit in Wisconsin, the deer owner adheres to farm-raised deer movement requirements under s. ATCP 10.56.

ATCP 10.46(1)(h)4. 4. The farm-raised deer are not moved from the exhibit and are not commingled with any other animals at the exhibit.

ATCP 10.46(1)(h)5. 5. The farm-raised deer leave Wisconsin or return to their place of origin before the certificate of veterinary inspection issued for the animals under subd. 2. or 3. expires.

ATCP 10.46(1)(h)6. 6. The exhibit lasts no longer than 30 days from the date of arrival at the exhibit.

ATCP 10.46(2) (2) Authority conferred by registration certificate.

ATCP 10.46(2)(a) (a) Except as provided in pars. (b) and (c), a person holding a registration certificate under sub. (1) may possess, propagate, kill, attempt to kill, pursue for the purpose of killing, capture, or exhibit farm-raised deer kept at the registered premises, subject to this chapter.

ATCP 10.46(2)(b) (b) A person holding a registration certificate under sub. (1) may not sell, or offer to others, the opportunity to hunt farm-raised deer on the registered premises unless that person complies with s. ATCP 10.47.

ATCP 10.46(2)(c) (c) A registration certificate under sub. (1) does not entitle the certificate holder to operate as an animal dealer unless that person is also licensed under s. ATCP 12.03.

ATCP 10.46 Note Note: Except as provided under sub. (1) (g), an animal dealer license under s. ATCP 12.03 does not entitle the license holder to keep farm-raised deer unless that person also holds a registration certificate under sub. (1).

ATCP 10.46(2)(e) (e) A person holding a registration certificate under sub. (1) shall notify the department when no longer operating as a farm-raised deer keeper. The person shall do one of the following:

ATCP 10.46(2)(e)1. 1. If the herd is enrolled in the chronic wasting disease herd status program under s. ATCP 10.53, the person shall submit a final census as required under s. ATCP 10.53.

ATCP 10.46(2)(e)2. 2. If the herd is not enrolled in the chronic wasting disease herd status program under s. ATCP 10.53, the person shall include the disposition of each of the deer in the notification to the department.

ATCP 10.46(3) (3) Registration certificate expires. A registration certificate under sub. (1) expires on March 15 of each year. The holder of a registration certificate may apply for a subsequent certificate by submitting an annual application under sub. (6).

ATCP 10.46(4) (4) Single registered herd kept at 2 or more locations. All of the following conditions apply whenever a herd of farm-raised deer is kept at 2 or more locations identified in the herd registration certificate under sub. (1):

ATCP 10.46(4)(a) (a) The entire herd, including all herd locations, shall be either actively enrolled in the chronic wasting disease herd status program under s. ATCP 10.53 or not enrolled in the chronic wasting disease herd status program.