Chapter ATCP 10

ATCP 10.87 Note • An animal market.

ATCP 10.87 Note • An exhibition operated by an institution accredited by the association of zoos and aquariums.

ATCP 10.87 Note • A wild animal exhibition operated pursuant to a permit from the Wisconsin department of natural resources.

ATCP 10.87(1)(d) (d)

ATCP 10.87(1)(d)1. 1. Keep all of the following information for any swine meeting the criteria under s. ATCP 10.32 (2) (b) 2. that participate at the fair or exhibition:

ATCP 10.87(1)(d)1.a. a. A record of any swine that were transported directly to a slaughtering establishment.

ATCP 10.87(1)(d)1.b. b. A record of any swine that were transported to an animal market where all the animals sold at the market sale for that day were shipped directly to a slaughtering establishment.

ATCP 10.87(1)(d)2. 2. The organizer shall keep the records required under subd. 1. in written or electronic form, keep the records for at least 5 years, and make the records available to the department for inspection and copying upon request.

ATCP 10.87(2) (2) Exhibitor responsibilities. A person who exhibits an animal at a fair or exhibition shall do all of the following:

ATCP 10.87(2)(a) (a) Comply with applicable requirements under this chapter related to the movement and exhibition of animals.

ATCP 10.87(2)(b) (b) Provide all of the following to the organizer of the fair or exhibition:

ATCP 10.87(2)(b)1. 1. The exhibitor’s name and address.

ATCP 10.87(2)(b)2. 2. The number, type, description and official individual identification, if official individual identification is required under this chapter, of animals exhibited. If official individual identification is not required, identifying information of animals exhibited, including number, type, and description.

ATCP 10.87(2)(b)3. 3. Appropriate and reliable documentation to show compliance with disease testing and other health requirements under this chapter.

ATCP 10.87 Note Note: Documentation may include certificates of veterinary inspection or other appropriate and reliable documentation.

ATCP 10.87(2)(b)4. 4. The livestock premises code, if any, of the premises from which the animals originate.

ATCP 10.87(2)(b)5. 5. Appropriate and reliable documentation to show that the animals were lawfully imported or moved to the fair or exhibition.

ATCP 10.87(3) (3) Swine.

ATCP 10.87(3)(a) (a) No person may exhibit swine at a fair or exhibition unless the swine are accompanied by a certificate of veterinary inspection. The certificate shall certify that the veterinarian has inspected the entire herd of origin within the past 30 days and that no apparent disease was present at the time of inspection. The certificate shall also include a report of test results, herd classification, or other health information that the exhibitor relies upon to document compliance with this subsection.

ATCP 10.87(3)(b) (b) No person may exhibit any breeding swine at a fair or exhibition unless the exhibitor documents one of the following:

ATCP 10.87(3)(b)1. 1. The swine tested negative for pseudorabies in a pseudorabies test performed not more than 30 days before the person moves the swine to the fair or exhibition.

ATCP 10.87(3)(b)2. 2. The swine originate from a qualified pseudorabies negative herd or a qualified pseudorabies negative grow-out herd in this state.

ATCP 10.87(3)(b)3. 3. The swine originate from a state or area that the federal bureau has currently designated as a pseudorabies stage IV or V state or area.

ATCP 10.87(3)(c) (c) No person may exhibit non-breeding swine at a fair or exhibition unless one of the following applies:

ATCP 10.87(3)(c)1. 1. All breeding swine have been removed from the premises of the fair or exhibition before the non-breeding swine arrive, and the non-breeding swine are shipped directly from the fair or exhibition to a slaughtering establishment for slaughter.

ATCP 10.87(3)(c)2. 2. The exhibitor documents that the swine tested negative for pseudorabies in a test performed within 30 days before the swine are exhibited.

ATCP 10.87(3)(c)3. 3. The exhibitor documents that non-breeding swine originate from a qualified pseudorabies negative herd or qualified negative pseudorabies grow-out herd in this state.

ATCP 10.87(3)(c)4. 4. The exhibitor documents that the swine originate from a state or area that the federal bureau has currently designated as a pseudorabies stage IV or V state or area.

ATCP 10.87(4) (4) Bovine animals.

ATCP 10.87(4)(a) (a) Bovine animals infected with mange, scab, ringworm, or warts may not be exhibited at any fair or exhibition. Animals showing evidence of infection shall be isolated from other susceptible animals and shall be removed from the premises.

ATCP 10.87(4)(b) (b) Paragraph (a) does not apply to animals with ringworm or wart lesions if, in the opinion of the veterinarian in charge of the fair or exhibition, the lesions are inactive and not capable of transmitting the disease.

ATCP 10.87(5) (5) Poultry and farm-raised game birds. No person may exhibit poultry or farm-raised game birds at a fair or exhibition unless the exhibitor documents compliance with s. ATCP 10.40.

ATCP 10.87(6) (6) Equine animals.

ATCP 10.87(6)(a) (a) Except as provided in par. (b), no person may exhibit any equine animal at a fair or exhibition unless the exhibitor documents the animal has tested negative on an equine infectious anemia test conducted within 12 months from the date the blood was drawn for the test to the date on which the animal is first exhibited.

ATCP 10.87(6)(b) (b) Paragraph (a) does not apply to a nursing foal accompanying its dam if the dam has tested negative for equine infectious anemia according to par. (a).

ATCP 10.87(7) (7) Sheep. No person may exhibit a sheep at a fair or exhibition unless the exhibitor documents that the sheep bears official individual identification as required in s. ATCP 10.70.

ATCP 10.87(8) (8) Goats. No person may exhibit a goat at a fair or exhibition unless the exhibitor documents that the goat bears official individual identification as required in s. ATCP 10.77.

ATCP 10.87 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (3) (a) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: cons. (6) (a) (intro.) and 1. and renum. (6) (a) and am., r. (6) (a) 2. Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (1) (b), (3) (b) 1., (6) (a) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (a), renum. (1) (c) (intro.) to (1) (c) and am., r. (1) (c) 1., 2., cr. (1) (d), am. (2) (b) 2., 3., 5. Register May 2020 No. 773, eff. 6-1-20.

subch. XIII of ch. ATCP 10 Subchapter XIII — Enforcement

ATCP 10.89 ATCP 10.89 Quarantines.

ATCP 10.89(1) (1) Quarantine order.

ATCP 10.89(1)(a) (a) The department may, without prior notice or hearing, issue an order quarantining domestic animals or captive wild animals in this state for any of the following purposes:

ATCP 10.89(1)(a)1. 1. To prevent, suppress, control, or eradicate contagious, infectious, or communicable diseases that may affect animals, or that may be transmitted from animals to humans.

ATCP 10.89(1)(a)2. 2. To prevent the movement or commingling of animals pending further testing, diagnosis, traceback, or investigation related to known or suspected disease.

ATCP 10.89(1)(a)3. 3. To protect the health of animals located in this state and of humans residing in this state, relating to the importation, movement, and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department determines are necessary.

ATCP 10.89(1)(b) (b) A quarantine order under par. (a) may prohibit the commingling of animals, the movement of quarantined animals, the movement of animals from quarantined premises, or the movement of animals onto quarantined premises without department approval.

ATCP 10.89(1)(c) (c) No person may move any animal in violation of a quarantine order under par. (a), or fail to comply with the terms and conditions of a quarantine order.

ATCP 10.89(2) (2) Service of quarantine order.

ATCP 10.89(2)(a) (a) Except as provided under par. (b), a quarantine order under sub. (1) shall be served upon a person having custody or control of the quarantined animals, or shall be posted on the premises affected by the quarantine order. A quarantine order under this paragraph may be served by any of the following methods:

ATCP 10.89(2)(a)1. 1. Personal service.

ATCP 10.89(2)(a)2. 2. Certified mail.

ATCP 10.89(2)(a)3. 3. Posting a copy of the order at 2 conspicuous places on the premises affected by the quarantine.

ATCP 10.89(2)(b) (b) The department may issue an emergency quarantine order under sub. (1) that will affect a particular geographical location, county, counties or the entire state in the event of a national, state, or regional animal disease outbreak. An emergency quarantine order under this paragraph shall become effective upon the department issuing a news release to media outlets in all affected areas.

ATCP 10.89(3) (3) Proof of service. Service under sub. (2) (a) may be proved by certificate of personal service or by certified mail return receipt.

ATCP 10.89(4) (4) Contents of quarantine order.

ATCP 10.89(4)(a) (a) A quarantine order served under sub. (2) (a) shall contain all of the following information:

ATCP 10.89(4)(a)1. 1. The name and address of a person having custody or control of the quarantined animals, if known.

ATCP 10.89(4)(a)2. 2. A description of the animals affected by the quarantine.

ATCP 10.89(4)(a)3. 3. A description of the premises affected by the quarantine.

ATCP 10.89(4)(a)4. 4. The reason or justification for the quarantine.

ATCP 10.89(4)(a)5. 5. All terms and conditions applicable to the quarantine.

ATCP 10.89(4)(a)6. 6. Notice that persons adversely affected by the quarantine may request a hearing under sub. (6) to review the quarantine order.

ATCP 10.89(4)(b) (b) A quarantine order issued under sub. (2) (b) shall contain all of the following information:

ATCP 10.89(4)(b)1. 1. A description of the animals affected by the quarantine.

ATCP 10.89(4)(b)2. 2. A description of the geographical location affected by the quarantine.

ATCP 10.89(4)(b)3. 3. The reason or justification for the quarantine.

ATCP 10.89(4)(b)4. 4. All terms and conditions applicable to the quarantine.

ATCP 10.89(4)(b)5. 5. Notice that persons adversely affected by the quarantine may request a hearing under sub. (6) to review the quarantine order.

ATCP 10.89(5) (5) Duration of quarantine order. A quarantine order under sub. (1) remains in effect until the department releases or modifies the order in writing.

ATCP 10.89(6) (6) Review of quarantine. A person adversely affected by a quarantine order under sub. (1) may, within 30 days after the quarantine order is served, request a hearing before the department to review the quarantine. The department shall conduct an informal hearing as soon as reasonably possible, and not later than 10 days after receiving a request for hearing. If the matter is not resolved after informal hearing, the person requesting the hearing may seek a formal hearing under ch. 227, Stats., and ch. ATCP 1. A request for hearing does not stay a quarantine order.

ATCP 10.89 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 18-085: cr. (1) (a) 3., renum. (2) (intro.) to (2) (a) (intro.) and, as renumbered, am. (2) (a) (intro.), cr. (2) (b), am. (3), renum. (4) (intro.) to (4) (a) (intro.) and, as renumbered, am. (4) (a) (intro.), 6., cr. (4) (b) Register May 2020 No. 773, eff. 6-1-20; correction in numbering of (4) made under s. 13.92 (4) (b) 1., Stats., Register May 2020 No.773.

ATCP 10.91 ATCP 10.91 Destruction or removal of animals illegally moved.

ATCP 10.91(1) (1) Summary order. The department may, without prior notice or hearing, order the destruction of, the return to premises of origin, or removal from this state of animals moved into or within this state if any of the following apply:

ATCP 10.91(1)(a) (a) The owner or custodian of the animals fails to produce a valid certificate of veterinary inspection, if a certificate is required under this chapter or ch. ATCP 12.

ATCP 10.91(1)(b) (b) The animals are imported in violation of this chapter or ch. ATCP 12, or in violation of any condition specified in an import permit under this chapter.

ATCP 10.91(2) (2) Service of order. An order under sub. (1) shall be served upon a person having custody or control of the animals affected by the order. The order may be served in person or by certified mail. Service may be proved by certificate of personal service or by certified mail return receipt.

ATCP 10.91(3) (3) Contents of order. An order under sub. (1) shall contain all of the following information:

ATCP 10.91(3)(a) (a) The name and address of the person having custody or control of the animals, if known.

ATCP 10.91(3)(b) (b) A description of the animals affected by the order.

ATCP 10.91(3)(c) (c) The reason or justification for the order.

ATCP 10.91(3)(d) (d) A reasonable deadline for compliance with the order.

ATCP 10.91(3)(e) (e) Notice that persons adversely affected by the order may request a hearing to review the order.

ATCP 10.91(4) (4) Review of order. A person adversely affected by an order under sub. (1) may, within 30 days after receiving the order, request a hearing before the department to review the order. If a hearing is requested, the department shall conduct an informal hearing as soon as reasonably possible, and not later than 10 days after receiving the request for hearing. If the matter is not resolved after informal hearing, the person requesting the hearing may seek a formal hearing before the department under ch. 227, Stats. A request for hearing under this subsection does not postpone the deadline for compliance with the order unless the deadline is postponed by further order of the department.

ATCP 10.91 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (title) and (1) (intro.) Register November 2008 No. 635, eff. 12-1-08; CR 15-092: am. (1) (intro.) Register July 2016 No. 727, eff. 10-1-16; CR 19-085: am. (2) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.92 ATCP 10.92 Prohibited conduct. No person may do any of the following:

ATCP 10.92(1) (1) Violate this chapter or ch. ATCP 12, or any order issued under this chapter or ch. ATCP 12.

ATCP 10.92(2) (2) Falsify any information filed with the department under this chapter, including any information contained in an application for a license, permit, or registration.

ATCP 10.92(3) (3) Misrepresent to any person the age, identity, origin, or disease status of any animal, or of the herd from which an animal originates.

ATCP 10.92(4) (4) Falsify, remove, alter, or tamper with any official identification or official back tag.