Chapter ATCP 12

ATCP 12.01(20)(i)8. 8. Other identification approved by the department.

ATCP 12.01(23) (23) “Pen” means any enclosure confining animals to a specific area and may include stanchion or tie stalls.

ATCP 12.01(24) (24) “Person” means an individual, corporation, partnership, association, limited liability company, trust, governmental entity, or other organization or entity.

ATCP 12.01(24m) (24m) “Shipment to slaughter” means the movement of Wisconsin origin animals or animals that have met applicable Wisconsin import requirements, from licensed animal market premises or licensed animal dealer premises to a slaughtering establishment with no change in ownership, other than a change in ownership to the licensed slaughtering establishment. The process of “shipment to slaughter” may not exceed 10 consecutive days.

ATCP 12.01 Note Note: A downer animal may not be held by an animal market operator, an animal dealer, or an animal trucker for more than 24 hours. See s. ATCP 12.07.

ATCP 12.01(25) (25) “Slaughtering establishment” means a facility to slaughter animals that is licensed and inspected by the department or by the United States department of agriculture. “Slaughtering establishment” includes all premises used in connection with a slaughter operation, including an intermediate livestock handling facility approved under s. ATCP 10.07 (5).

ATCP 12.01(26) (26) “Swine” means a domestic hog or any variety of wild hog.

ATCP 12.01(26m) (26m) “Trading in livestock or wild animals” means the trading, buying, selling, or swapping of livestock or wild animals.

ATCP 12.01(27) (27) “Wild animal” has the meaning given in s. 95.68 (1) (g), Stats. “Wild animal” does not include a domestic animal identified in s. ATCP 10.02.

ATCP 12.01 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; cr. (8m), (8r), (17) (a) to (c), (17m) and (20) (d) to (h), am. (13), (14) and (15), renum. (17) and (20) (d) to be (17) (intro.) and (20) (i) and am., Register, March, 1995, No. 471, eff. 4-1-95; reprinted to restore dropped copy in (17), Register, April, 1995, No. 472; r. and recr. (13), Register, February, 1996, No. 482, eff. 3-1-96; emerg. cr. (12m), am. (13), eff. 6-3-96; cr. (8w), (12m), (12p), am. (13), Register, December, 1996, No. 492, eff. 1-1-97; cr. (8x) and (20) (i), am. (10), (18), (19), (20) (f) 2. and (24), renum. (20) (i) to be (20) (j), r. (21), (22) and (27), Register, November, 2000, No. 539, eff. 12-1-00; corrections in (8m), (8w), (16) and (17m) made under s. 13.93 (2m) (b) 7., Stats.; CR 02-078: cr. (2m) and (20) (j) and (k), am. (8w), (14), (16) and (17) (intro.) and (5) (a) 3., renum. (20) (j) to be (20) (L) Register May 2003 No. 569, eff. 6-1-03; CR 03-121: renum. (1) and (20) (L) to be (1w) and (20) (n) and am. (1w), cr. (1a), (1d), (1g), (1j), (1m), (1r), (20) (L), (m) and (27), am. (13), r. (14) to (17m), r. and recr. (20g), Register September 2004 No. 585, eff. 10-1-04; CR 06-009: am. (1m), (1w), (8x), (18), (19), (27) r. and recr. (3) and (20) Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (9) (intro.), (10), (20) (f) (intro.), r. (20) (g) 3., cr. (24m) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: r. (2m), am. (8w), renum. (8x) to (8y), cr. (8x), (11m), renum. (19) to (19) (intro.) and am., cr. (19) (a) to (c), r. and recr. (20), am. (25) Register March 2014 No. 699, eff. 6-1-14; correction in (19) (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699; CR 15-092: am. (1g), (8y), renum. (11m) to (11m) (intro.) and (b) and am., cr. (11m) (a), am. (18), (19), (20) (a), renum. (20) (b) to (20) (b) (intro.) and 1. and am., cr. (20) (b) 2., renum. (20) (c) (intro.) to (20) (c) (intro.) and 1. and am., renum. (20) (c) 1. to 7. to (20) (c) 1. a. to g., cr. (20) (c) 2., 3., am. (20) (f), (g) 1., 3., cr. (20) (g) 4., am. (20) (h) 1., 2., 4., (i) 1., (25), cr. (26m) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1g), cr. (14), am. (25) Register May 2020 No. 773, eff.6-1-20.

ATCP 12.02 ATCP 12.02 Animal markets.

ATCP 12.02(1) (1) License required. Except as provided in sub. (1m), no person may operate an animal market without an annual license from the department. A separate license is required for each animal market. The license shall bear the livestock premises code issued under s. ATCP 17.02 (7) for the animal market. An annual license expires on June 30. A license is not transferable between persons or animal markets.

ATCP 12.02(1m) (1m) License exemptions. No license is required under sub. (1) for an occasional sale by a farm operator who buys or exchanges livestock solely for dairy, breeding, or feeding operations on that farm, or who sells only livestock produced or raised on that farm, or auction sale, conducted at a state, county, or district fair, or sponsored by a livestock breeder association or a youth agricultural organization, if records of the transactions at the sale are maintained by any of the following:

ATCP 12.02(1m)(a) (a) An auctioneer registered under ch. 480, Stats.

ATCP 12.02(1m)(b) (b) An animal dealer licensed under s. ATCP 12.03.

ATCP 12.02(2) (2) License classification.

ATCP 12.02(2)(a) (a) A person may apply for a Class A, Class B, or Class E animal market license.

ATCP 12.02(2)(b) (b) At a class A animal market, an operator may conduct livestock and wild animal sales and auctions on any number of days during the license year.

ATCP 12.02(2)(c) (c) At a class B animal market, an operator may conduct livestock sales on any number of days during the license year but may hold livestock auctions on no more than 4 days during the license year. An operator may not conduct any wild animal sales at a class B animal market.

ATCP 12.02(2)(d) (d) At a class E animal market, an operator may conduct sales of equine animals on any number of days during the license year. An operator may not conduct sales of any other livestock or any wild animals at a class E animal market.

ATCP 12.02(3) (3) Applying for a license. A person shall apply for a license under sub. (1) on a form provided by the department. The application shall include all the following:

ATCP 12.02(3)(a) (a) The person’s legal name, and any trade names under which the person does business as an animal market operator.

ATCP 12.02(3)(b) (b) The address of each animal market for which the person seeks a license.

ATCP 12.02(3)(c) (c) The types of animals traded, bought, sold, or swapped at each animal market for which the person seeks a license.

ATCP 12.02(3)(d) (d) The class of license under sub. (2) that the person seeks for each animal market.

ATCP 12.02(3)(e) (e) An annual registration application, under s. ATCP 12.045 (2), for each animal transport vehicle that the person operates.

ATCP 12.02 Note Note: An animal market operator must register animal transport vehicles under s. ATCP 12.045, regardless of whether the animal market operator needs an animal trucker license under s. ATCP 12.04. An animal market operator needs an animal trucker license if the animal market operator transports livestock or wild animals for others, for hire.

ATCP 12.02(3)(f) (f) The fees required under sub. (4) and, if applicable, ss. ATCP 12.04 (4) and 12.045 (3).

ATCP 12.02(3)(fm) (fm) Additional information, if any, required under s. ATCP 17.02 (4) for purposes of livestock premises registration.

ATCP 12.02(3)(g) (g) Other relevant information required by the department for licensing purposes.

ATCP 12.02 Note Note: A person may obtain an application form under sub. (3) by calling [phone], by visiting the department website at http://datcp.wi.gov, or by writing to the following address:

ATCP 12.02 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

ATCP 12.02(4) (4) License fees.

ATCP 12.02(4)(a) (a) A person shall pay the following nonrefundable annual fee for a license under sub. (1):

ATCP 12.02(4)(a)1. 1. $420 for a class A license.

ATCP 12.02(4)(a)2. 2. $220 for a class B license.

ATCP 12.02(4)(a)3. 3. $280 for a class E license.

ATCP 12.02(4)(b) (b) A person shall pay a license fee surcharge of $100 if the department determines that the person did any of the following within 365 days prior to submitting a license application under sub. (3):

ATCP 12.02(4)(b)1. 1. Operated an animal market without a license in violation of sub. (1).

ATCP 12.02(4)(b)2. 2. Violated sub. (2) (c) or (d).

ATCP 12.02(4)(c) (c) If a person is required to pay a surcharge under par. (b), the person shall also pay any license fees that are due for the license year in which the animal market operator violated sub. (1) or (2) (c) or (d).

ATCP 12.02(4)(d) (d) Payment of a surcharge under par. (b) or fees under par. (c) does not relieve an animal market operator of other civil or criminal liability that may result from a violation of sub. (1) or (2) (c) or (d), nor does it constitute evidence of a violation of sub. (1) or (2) (c) or (d).

ATCP 12.02(6) (6) Action on license application.

ATCP 12.02(6)(a) (a) The department shall grant or deny a license application under sub. (3) within 30 business days after all of the following have occurred:

ATCP 12.02(6)(a)1. 1. The department receives a complete application under sub. (3).

ATCP 12.02(6)(a)3. 3. The department inspects the animal market, if an inspection is required under par. (b).

ATCP 12.02(6)(b) (b) Before issuing a class A animal market license under sub. (2) (b) for premises that were not licensed during the preceding license year, the department shall inspect the animal market premises for compliance with this section. The department shall complete the inspection within 60 business days after the department receives a complete license application under sub. (3).

ATCP 12.02(7) (7) Denial, suspension, or revocation of license. The department may deny, suspend, or revoke an animal market license for cause, pursuant to s. 93.06 (7), Stats. Cause may include any of the following:

ATCP 12.02(7)(a) (a) Violation of ch. 95, Stats., ch. ATCP 10, or this chapter.

ATCP 12.02(7)(b) (b) Violation of any lawful order of the department.

ATCP 12.02(7)(c) (c) Violation of any provision of ch. 951, Stats., prohibiting crimes against animals.

ATCP 12.02(7)(d) (d) Preventing a department employee from performing his or her official duties, or interfering with the lawful performance of those duties.

ATCP 12.02(7)(e) (e) Physically assaulting a department employee while the employee is performing his or her official duties.

ATCP 12.02(7)(f) (f) Improper or unauthorized use of any official tag, brand, or tattoo.

ATCP 12.02(7)(g) (g) Refusal or failure, without just cause, to produce required records or respond to a department subpoena.

ATCP 12.02(7)(h) (h) Payment of an application fee with a worthless check.

ATCP 12.02(7)(i) (i) Violation of 9 CFR Part 201, relating to registration or bonding requirements of the packers and stockyards.

ATCP 12.02(8) (8) Animal market operator; responsibilities. An animal market operator shall do all of the following:

ATCP 12.02(8)(a) (a) Comply with the construction requirements under sub. (9).

ATCP 12.02(8)(b) (b) Maintain the animal market premises in a clean and sanitary condition. The operator shall keep barns, pens, alleys, and other animal holding areas in good repair, and shall disinfect the premises as needed and when ordered by the department.

ATCP 12.02(8)(c) (c) Provide adequate food, water, shelter, bedding, and pen space for all animals held more than 12 hours.

ATCP 12.02(8)(d) (d) Identify animals in compliance with s. ATCP 12.05.

ATCP 12.02(8)(e) (e) Keep records in compliance with s. ATCP 12.06.

ATCP 12.02(8)(f) (f) Handle downer animals in a humane manner as required by s. ATCP 12.07.

ATCP 12.02(8)(g) (g) Remove market animals from the animal market within 4 days after they enter the market, except as provided in sub. (10). The animal market operator shall remove market bovine calves less than 12 weeks old from the animal market within 24 hours after the calves are sold.

ATCP 12.02(8)(h) (h) Comply with s. ATCP 12.045, related to animal transport vehicles.

ATCP 12.02(8)(i) (i) Refrain from commingling animals of different species in the same enclosure.

ATCP 12.02(8)(j) (j) Transport and handle animals in a safe and humane manner.

ATCP 12.02(8)(k) (k) Clearly separate market animals from any other livestock on the premises.

ATCP 12.02(8)(L) (L) Comply with 9 CFR Part 86 when moving cattle interstate or releasing cattle for interstate movement.

ATCP 12.02(8)(m) (m) Notify potential buyers of any swine that test positive for porcine reproductive and respiratory syndrome or the porcine epidemic diarrhea virus before those swine are presented for sale at the market.

ATCP 12.02(9) (9) Construction requirements.

ATCP 12.02(9)(a) (a) Class A and Class E animal markets shall meet the following construction requirements:

ATCP 12.02(9)(a)1. 1. Floors of all animal holding areas shall be sloped for proper drainage.

ATCP 12.02(9)(a)2. 2. All animal contact areas shall be constructed so that they can be easily cleaned and sanitized. Earthen floors are not permitted, except in areas used only for species or individual animals that require earthen floors to prevent injury.

ATCP 12.02(9)(a)3. 3. Animal contact areas shall be constructed so that there are no sharp edges or protrusions that can injure animals.

ATCP 12.02(9)(a)4. 4. The animal market shall be equipped with an animal chute and head gate, which shall be adequate to restrain animals without injury. This requirement does not apply to an animal market used exclusively to sell equine animals or wild animals.

ATCP 12.02(9)(a)5. 5. An animal market used for equine animals shall be equipped to restrain equine animals in a safe and humane manner.

ATCP 12.02(9)(a)6. 6. An animal market used for wild animals shall be equipped with cages or pens that can confine the wild animals without injury in a safe and humane manner.

ATCP 12.02(9)(a)7. 7. Livestock chutes, stocks, cages, and pens shall be adequately lighted to permit identification and testing of animals.

ATCP 12.02(9)(a)8. 8. The animal market shall have pens that are adequate to confine all animals kept at the market.

ATCP 12.02(9)(b) (b) Class B animal markets shall meet the following construction requirements:

ATCP 12.02(9)(b)1. 1. The animal market shall be equipped to restrain animals safely and effectively.

ATCP 12.02(9)(b)2. 2. The animal market shall have adequate lighting for animal identification and testing.

ATCP 12.02(9)(b)3. 3. Pens, if any, shall be large enough for the purpose used. The pens shall have no sharp edges or protrusions that could injure the animals.

ATCP 12.02(9m) (9m) Reinspection.

ATCP 12.02(9m)(a) (a) The department may charge, to the holder of a license under this section, a reinspection fee of $150 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter, or ch. 95, Stats., noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter.

ATCP 12.02(9m)(b) (b) A reinspection fee under par. (a) is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal market operator.

ATCP 12.02(10) (10) Disease testing prior to movement from the market. If ch. ATCP 10 requires disease testing of an animal before the animal is moved from an animal market, the market operator shall keep that animal at the market premises until the results of the test are known.