Chapter ATCP 12

Chapter ATCP 12

ANIMAL MARKETS, DEALERS AND TRUCKERS

ATCP 12.01   Definitions.

ATCP 12.02   Animal markets.

ATCP 12.03   Animal dealers.

ATCP 12.04   Animal truckers.

ATCP 12.045   Animal transport vehicles.

ATCP 12.05   Identification of livestock.

ATCP 12.06   Records.

ATCP 12.07   Handling downer animals.

ATCP 12.08   Prohibited conduct.

ATCP 12.09   Waiver.

Ch. ATCP 12 Note Note: Chapter Ag 12 as it existed on December 31, 1990 was repealed and a new ch. Ag 12 was created effective January 1, 1991; Chapter Ag 12 was renumbered ch. ATCP 12 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

Ch. ATCP 12 Note Note: Requirements regarding federally approved livestock marketing facilities can be found under s. ATCP 10.07 (4), approved import feed lots under s. ATCP 10.22 (9), and intermediate livestock handling facilities under s. ATCP 10.07 (5).

ATCP 12.01 ATCP 12.01 Definitions. As used in this chapter:

ATCP 12.01(1a) (1a) “Animal dealer” means a person who is required to be licensed under s. ATCP 12.03 (1).

ATCP 12.01(1d) (1d) “Animal dealer premises” means any real property, owned or controlled by an animal dealer, at which the animal dealer keeps, exhibits, or receives livestock or wild animals, or from which the animal dealer ships livestock or wild animals.

ATCP 12.01(1g) (1g) “Animal market” means any premises that are open to the public for the purpose of trading in livestock or wild animals, and that have facilities to keep, feed, and water livestock or wild animals prior to sale, and is required to be licensed under s. ATCP 12.02 (1).

ATCP 12.01(1j) (1j) “Animal market operator” means a person who is required to be licensed under s. ATCP 12.02 (1).

ATCP 12.01(1m) (1m) “Animal transport vehicle” means a vehicle used to transport livestock or wild animals. “Animal transport vehicle” includes a trailer, truck, or other conveyance in which animals are transported on public highways, whether or not the conveyance is motorized. “Animal transport vehicle” does not include a vehicle that merely pulls a separate animal transport vehicle, and is not itself used to contain animals.

ATCP 12.01(1r) (1r) “Animal trucker” means a person who is required to be licensed under s. ATCP 12.04 (1).

ATCP 12.01(1w) (1w) “Bovine animal” means domestic cattle (Bos sp.) or American bison of any age or sex.

ATCP 12.01(2) (2) “Buying station” means premises which are open to the public to receive livestock for direct shipment to slaughter.

ATCP 12.01(3) (3) “Commingle” means to cause or permit any of the following:

ATCP 12.01(3)(a) (a) Direct contact with other animals.

ATCP 12.01(3)(b) (b) Unprotected contact with the same facilities, equipment, individuals, or environment contacted by other animals, under circumstances where that unprotected contact may spread disease.

ATCP 12.01(4) (4) “Communicable” means transmissible, either directly or indirectly.

ATCP 12.01(5) (5) “Contagious” means spread by contact, body secretions, or fomites.

ATCP 12.01(6) (6) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 12.01(7) (7) “Diseased” means afflicted with a contagious, infectious, or communicable disease.

ATCP 12.01(8) (8) “Downer animal” means an animal which is in a sitting or prone position and cannot move to a normal standing or upright position under its own power, without application of inhumane stimulus.

ATCP 12.01(8m) (8m) “Equine animal” has the meaning specified under s. 95.68 (1) (am), Stats.

ATCP 12.01(8r) (8r) “Equine market” has the meaning specified under s. 95.68 (1) (b), Stats.

ATCP 12.01(8w) (8w) “Farm-raised deer” has the meaning given in s. 95.001 (1) (ag), Stats., but does not include cervids kept by an institution accredited by the association of zoos and aquariums.

ATCP 12.01(8x) (8x) “Federal bureau” means the animal and plant health inspection service of USDA, or any other unit of USDA, that is vested with authority to administer federal laws and regulations relating to animal disease control.

ATCP 12.01(8y) (8y) “Federally approved livestock marketing facility” means an animal market that complies with s. ATCP 10.07 (4).

ATCP 12.01(9) (9) “Feeder cattle” means bovine animals, other than dairy class females, kept for the sole purpose of feeding prior to slaughter, which are not more than 18 months old as evidenced by the absence of permanent teeth, and whose sexual status is one of the following:

ATCP 12.01(9)(a) (a) Non-spayed female that is not parturient or post-parturient.

ATCP 12.01(9)(b) (b) Spayed heifer.

ATCP 12.01(9)(c) (c) Steer.

ATCP 12.01(10) (10) “Feeder swine” means swine that weigh 80 pounds or less and are kept for the sole purpose of feeding prior to slaughter.

ATCP 12.01(11) (11) “Fomite” means an inanimate object or substance which serves to transfer infectious organisms from one animal to another.

ATCP 12.01(11m) (11m) “Individual” means any of the following, as applicable:

ATCP 12.01(11m)(a) (a) When used as a noun, a natural person.

ATCP 12.01(11m)(b) (b) When used as an adjective, separate and distinct from all others.

ATCP 12.01(12) (12) “Infectious” means caused by a pathogenic agent.

ATCP 12.01(12m) (12m) “Keep farm-raised deer” means to own, rent, lease, or serve as the custodian of farm-raised deer.

ATCP 12.01(12p) (12p) “Keeper of farm-raised deer” means a person who keeps farm-raised deer.

ATCP 12.01(13) (13) “Livestock” means farm animals including bovine animals, sheep, goats, swine other than wild hogs, farm-raised deer, and equine animals.

ATCP 12.01(14) (14) “Market swine” means a barrow which is a castrated boar, or a gilt which is a female that has not reproduced, that are sold for shipment to slaughter.

ATCP 12.01(18) (18) “Official back tag” means an identification back tag issued or approved by the federal bureau or the department.

ATCP 12.01 Note Note: Examples of official back tags include the official Wisconsin bovine back tag and the official Wisconsin swine back tag.

ATCP 12.01(19) (19) “Official ear tag” means an identification ear tag approved by the federal bureau that bears an official individual identification number meeting the requirements of one of the following:

ATCP 12.01(19)(a) (a) The national uniform eartagging system developed by the federal bureau in veterinary services memorandum no. 578.12, revised March 15, 2011.

ATCP 12.01(19)(b) (b) The animal identification number developed by the federal bureau in 9 CFR 86.1 consisting of 15 digits with the first 3 digits of 840.

ATCP 12.01(19)(c) (c) An identification system also approved by the department.

ATCP 12.01(20) (20) “Official individual identification” means a set of identifying characters that is uniquely associated with an individual animal. A specific “official individual identification” and its placement on an animal is differentiated, in part, by animal species, and consists of one of the following:

ATCP 12.01(20)(a) (a) For bovine, an official ear tag attached to the animal.

ATCP 12.01(20)(b) (b) For farm-raised deer, any of the following:

ATCP 12.01(20)(b)1. 1. An official ear tag attached to the animal.

ATCP 12.01(20)(b)2. 2. A federal bureau and department approved microchip implanted in the animal.

ATCP 12.01(20)(c) (c) For equine, any of the following:

ATCP 12.01(20)(c)1. 1. A written or graphic description by a licensed and accredited veterinarian sufficient to identify the individual equine including all of the following:

ATCP 12.01(20)(c)1.a. a. Name.

ATCP 12.01(20)(c)1.b. b. Age.

ATCP 12.01(20)(c)1.c. c. Breed.

ATCP 12.01(20)(c)1.d. d. Color.

ATCP 12.01(20)(c)1.e. e. Sexual status.

ATCP 12.01(20)(c)1.f. f. Distinctive markings.

ATCP 12.01(20)(c)1.g. g. Unique and permanent forms of identification, when present, including brands, tattoos, scars, cowlicks, blemishes, or biometric measurements.

ATCP 12.01(20)(c)2. 2. A federal bureau and department approved microchip implanted in the animal.

ATCP 12.01(20)(c)3. 3. Digital photographs sufficient to identify the individual equine.

ATCP 12.01(20)(d) (d) For poultry, a leg or wing band bearing a number that uniquely identifies the bird.

ATCP 12.01(20)(e) (e) For ratites, a leg band bearing a number that uniquely identifies the ratite.

ATCP 12.01(20)(f) (f) For swine weighing 80 pounds or less, a tattoo or ear tag applied to the animal including a premises identification code or a state registered feeder pig premises tattoo number issued by the department or the authorized animal health agency in the state of origin, or an official ear tag attached to the animal.

ATCP 12.01(20)(g) (g) For breeding swine, one of the following:

ATCP 12.01(20)(g)1. 1. An official ear tag attached to the animal.

ATCP 12.01(20)(g)2. 2. Ear notches for registered swine.

ATCP 12.01(20)(g)3. 3. A unique tattoo or ear tag applied to the animal including a unique premises identification code or state registered feeder pig premises tattoo number issued by the department or the authorized animal health agency in the state of origin, provided that the animal also bears an individual identification number unique to that premises.

ATCP 12.01(20)(g)4. 4. A tattoo on the ear or inner flank of any swine, if the tattoo has been recorded in the book of record of a swine registry association.

ATCP 12.01(20)(h) (h) For goats and sheep, one of the following:

ATCP 12.01(20)(h)1. 1. An official ear tag attached to the animal.

ATCP 12.01(20)(h)2. 2. A federal bureau and department approved microchip if implanted in the animal and the animal is registered with a breed registry, or if the animal is in a scrapie free flock certification program flock or herd. The animal must be accompanied by the animal’s registration documents in the animal owner’s name, or by a certificate of veterinary inspection with the implant number.

ATCP 12.01(20)(h)3. 3. The animal’s breed association or registration tattoo with the management number, accompanied by registration documents in the animal owner’s name.

ATCP 12.01(20)(h)4. 4. A tattoo or ear tag with a unique individual identification number for the animal’s premises along with a tattoo or ear tag of a unique flock identification number issued by the federal bureau.

ATCP 12.01(20)(i) (i) For all other animals, one of the following:

ATCP 12.01(20)(i)1. 1. The animal’s official ear tag attached to the animal.