Chapter ATCP 10

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.

ATCP 10.92(5) (5) Fail or refuse to permit reasonable department access to premises or inspection of any of the following:

ATCP 10.92(5)(a) (a) Animals, including animals in transit.

ATCP 10.92(5)(b) (b) Relevant records related to the health and movement of animals, health or shipping documents related to animals in transit, and any other records required under this chapter.

ATCP 10.92(6) (6) Obstruct, interfere with, or assault a department employee or agent engaged in the performance of his or her official duties.

ATCP 10.92(7) (7) Knowingly make any false or misleading statements to the department related to the ownership, identification, age, vaccination, disease testing, origin, health status, sale, or movement of animals, or related to other matters relevant to the administration of this chapter or ch. ATCP 12.

ATCP 10.92(8) (8) Misrepresent the identity or interest of any person engaged in the purchase, sale, lease, exchange, or transportation of animals.

ATCP 10.92(9) (9) Misrepresent the origin, destination, or contents of any shipment of animals.

ATCP 10.92(10) (10) Cause or permit a susceptible healthy animal to commingle with a diseased animal while in transit, unless the entire load of animals is shipped directly to slaughter or the commingling is authorized by the department.

ATCP 10.92(11) (11) Cause or permit the commingling of different livestock species, other than sheep and goats or different species of fish, poultry, South American camelids, or ratites, during transit.

ATCP 10.92(12) (12) Misrepresent that a person holds a license, permit, or registration certificate from the department, or has met applicable requirements under this chapter or ch. ATCP 12.

ATCP 10.92(13) (13) Falsify, or fail to submit to the department, upon request, any record required under this chapter or ch. ATCP 12 or prevent the department from taking such records off site for copying if deemed necessary for efficiency.

ATCP 10.92(14) (14) Falsify or misappropriate any brand or tattoo, or misappropriate any branding or tattooing device.

ATCP 10.92(15) (15) Park or store a vehicle containing animal remains or animal waste in any place where it creates a health hazard or a public nuisance.

ATCP 10.92(16) (16) Deposit animal remains or animal waste in any place where the deposit creates a health hazard or a public nuisance.

ATCP 10.92(17) (17) Import manure from any slaughter plant or stock yard without a permit from the department, unless the manure has been fully composted or treated to destroy pathogens. The department shall grant or deny a permit request within 5 days after the department receives a complete permit application.

ATCP 10.92(18) (18) Sell, move, or dispose of any live animal that has been tested for a disease identified in ch. ATCP 10 Appendix A or ch. ATCP 10 Appendix B before the result of that test is known.

ATCP 10.92(19) (19) Except as authorized under s. ATCP 10.045 (3), apply official individual identification to any animal that already has an official individual identification attached to it.

ATCP 10.92(20) (20) Except as authorized under s. ATCP 10.46 (11) (d) 2., cause or allow farm-raised deer to commingle with bovine animals on the same premises or in the same building, enclosure or vehicle unless all the animals are shipped directly to a slaughtering establishment and are accompanied by a completed federal bureau form VS 1-27 or a department permit under s. ATCP 10.08 (3).

ATCP 10.92 Note Note: Federal bureau form VS 1-27 may be completed by an accredited veterinarian, an authorized state animal health official, or the federal bureau.

ATCP 10.92 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: cr. (18) Register November 2008 No. 635, eff. 12-1-08; renumbering made under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635; correction in (18) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 18-085: am. (3), (4), (5) (intro.), (b), (11), (13), cr. (19), (20) Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.93 ATCP 10.93 Waiver. The department may, in response to a written request, grant a written waiver from a requirement under this chapter if the department finds that the waiver is reasonable and necessary, is consistent with objectives of this chapter, and will not conflict with state law. The waiver shall be issued in writing, shall include the department’s findings, and shall include the specific terms of the waiver, including any time limit on the waiver. A request for a waiver shall include information to show that the waiver is justified under this section. The state veterinarian, or that person’s designee, shall sign each waiver under this section. The department may not grant a waiver from a statutory requirement.

ATCP 10.93 History History: CR 11-084: cr. Register July 2012 No. 679, eff. 8-1-12.