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.

ATCP 12.02(11) (11) Prohibitions. An animal market operator may not:

ATCP 12.02(11)(a) (a) Commingle animals of different species within the same vehicle or enclosure.

ATCP 12.02(11)(b) (b) Accept delivery of livestock or wild animals from an unlicensed animal trucker or animal dealer, if the operator knows or has reason to know that the animal trucker or animal dealer is unlicensed.

ATCP 12.02(11)(c) (c) Deliver livestock or wild animals to an unlicensed animal trucker for transport or animal dealer, if the operator knows or has reason to know that the animal trucker or animal dealer is unlicensed.

ATCP 12.02 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; r. and recr. (1), (2) and (5), cr. (2m), (2r), (2w), (4) (h), am. (3) (g), (4) (b), (d), Register, March, 1995, No. 471, eff. 4-1-95; am. (2m) (a) and (b), Register, May, 1999, No. 521, eff. 6-1-99; r. (2) (e), (f) and (2r) (c), am. (2m) (a) 2. and (2r) (b), Register, November, 2000, No. 539, eff. 12-1-00; CR 03-121: r. and recr. Register September 2004 No. 585, eff. 10-1-04; CR 04-103: am. (1), cr. (3) (fm) Register September 2005, No. 597, eff. 10-1-05; CR 06-009: am. (4) (a) (intro.), (c), (7) (a) and (10) Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (4) (a) 1. to 3. Register June 2008 No. 630, eff. 7-1-09; CR 07-107: am. (1), r. (5), cr. (8) (j) Register November 2008 No. 635, eff. 12-1-08; r. (6) (a) 2. under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 11-048: am. (1), cr. (1m), am. (8) (b), (9) (a) 2., 5., 6., r. (9) (a) 9., (b) 4., cr. (9m), am. (11) (b) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (2) (b), (c) Register March 2014 No. 699, eff. 6-1-14; corrections in (4) (c), (d) made under s. 13.92 (4) (b) 7., Stats., Register March 2014 No. 699; CR 15-092: am. (1m) (intro.), (3) (c), (d), (f), cr. (7) (i) Register July 2016 No. 727, eff. 10-1-16; CR 18-085: am. (8) (g), cr. (8) (k) to (m), am. (11) (c) Register May 2020 No. 773, eff.6-1-20.