ATCP 10.35(6)(a)4. 4. A retest fails to confirm the initial test result.

ATCP 10.35(6)(a)5. 5. The state veterinarian is restrained by a judicial order, or by order of the department secretary or administrative law judge under ch. ATCP 1.

ATCP 10.35(6)(a)6. 6. The department has released its quarantine under sub. (4) (a).

ATCP 10.35(6)(a)7. 7. The state veterinarian determines that branding is not appropriate or necessary.

ATCP 10.35(6)(b) (b) A branding order under par. (a) shall be served on the owner and on the custodian of the animal to be branded. A veterinarian employed by the department or the federal bureau shall execute the branding order by applying a “35a” freeze brand to the left side of the animal’s neck. The veterinarian may not execute the branding order sooner than 14 days after the branding order is served on the owner and custodian of the animal, unless the owner and custodian consent in writing to the branding. No person may, except by judicial or administrative process, prevent the lawful execution of a branding order under this paragraph.

ATCP 10.35 Note Note: A person adversely affected by a branding order may request a hearing on the order, pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay the branding order.

ATCP 10.35(6)(d) (d) An equine animal branded under par. (b) shall be kept in a stall or other facility from which flies are effectively excluded, or at least 300 yards from all equine animals that are not known to be infected.

ATCP 10.35 Note Note: Equine infectious anemia is spread by biting flies.

ATCP 10.35 History History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (1) (a), r. (6) (c) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: cons. (1) (a) (intro.) and 1. and renum. to (1) (a) and am., r. (1) (a) 2., am. (1) (b) 3. Register March 2014 No. 699, eff. 6-1-14; CR 15-092: am. (1) (a) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (1) (b) 3., 4. Register May 2020 No. 773, eff. 6-1-20.

ATCP 10.36 ATCP 10.36 Equine animals; imports.

ATCP 10.36(1) (1) Certificate of veterinary inspection; requirement. Except as provided in sub. (2), no person may import an equine animal into this state unless the animal is accompanied by a valid certificate of veterinary inspection. The certificate shall include all of the following:

ATCP 10.36(1)(a) (a) The official individual identification of the equine animal.

ATCP 10.36(1)(b) (b) A report of a negative test for equine infectious anemia if required by sub. (3).

ATCP 10.36(2) (2) Certificate of veterinary inspection; exemptions. Subsection (1) does not apply to any of the following:

ATCP 10.36(2)(a) (a) An animal imported directly to a slaughtering establishment for slaughter.

ATCP 10.36(2)(c) (c) An animal imported directly to a veterinary facility for treatment, provided that the animal is returned to its place of origin immediately after treatment.

ATCP 10.36(2)(d) (d) An animal returning to its place of origin in this state immediately after treatment in a veterinary facility outside this state.

ATCP 10.36(2)(e) (e) An animal imported for a trail ride, horse show, or exhibition if all the following apply:

ATCP 10.36(2)(e)1. 1. Ownership does not change while the animal is in this state.

ATCP 10.36(2)(e)2. 2. The animal remains in this state for no more than 7 days.

ATCP 10.36(2)(e)3. 3. The animal is accompanied by a report of a negative equine infectious anemia test that complies with sub. (3).

ATCP 10.36(2)(e)4. 4. The animal originates from a state that allows Wisconsin equine animals to attend trail rides, horse shows, or exhibitions in that state under similar conditions.

ATCP 10.36(3) (3) Equine infectious anemia test; requirement. Except as provided in sub. (4), no person may import any equine animal into this state unless the animal has tested negative on an equine infectious anemia test conducted no more than 12 months from the date the blood was drawn for the test to the date the animal is imported into this state.

ATCP 10.36(4) (4) Equine infectious anemia test; exemptions. Subsection (3) does not apply as specified under s. ATCP 10.35 (1) (b) and as follows:

ATCP 10.36(4)(c) (c) An animal imported directly to a veterinary facility for treatment, provided that the animal is returned to its place of origin immediately after treatment.

ATCP 10.36(4)(d) (d) An animal returning to its place of origin in this state immediately after treatment in a veterinary facility outside this state.

ATCP 10.36(5) (5) Equine infectious anemia; test positive animals.

ATCP 10.36(5)(a) (a) No person may import an equine animal that has tested positive for equine infectious anemia.

ATCP 10.36(5)(b) (b) If an equine animal tests positive for equine infectious anemia under s. ATCP 10.35 (1) (b) 3. or 4. after it enters this state, the owner or custodian of the animal shall do one of the following: