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WISCONSIN ADMINISTRATIVE CODE. AGRICULTURE, TRADE & CONSUMER PROTECTION. CHAPTER ATCP 10. ANIMAL DISEASES AND MOVEMENT. SUBCHAPTER I. DEFINITIONS AND GENERAL PROVISIONS; SUBCHAPTER XI. OTHER ANIMALS



Country of Origin: United States - Wisconsin

Agency of Origin: AGRICULTURE, TRADE & CONSUMER PROTECTION

National Citation: Wis. Admin. Code s ATCP 10.01 - 10.09; ATCP 10.80 - 10.85

Agency Citation:

Printable Version Wis. Adm. Code s ATCP 10.01 - 10.09; 10.80 - 10.85


Last checked by Web Center Staff: 01/2013


Summary:   In this set of Wisconsin regulations, "wild animal” does not include a domestic animal identified in s. ATCP 10.02 (livestock, poultry, and other domestic animals). The majority of the regulations here concern disease detection, inoculation, and prevention in domestic herds. However, a person who imports an animal must comply with importing requirements including obtaining a permit under ATCP 10.07.
Material in Full:

 

[link to Wisconsin Chapter 169. Captive Wildlife (WI ST 169.01 - 46)]

SUBCHAPTER I - DEFINITIONS AND GENERAL PROVISIONS

ATCP 10.01 Definitions.

ATCP 10.02 Domestic animals.

ATCP 10.03 Disease reporting.

ATCP 10.04 Disease tests.

ATCP 10.05 Wisconsin certified veterinarians.

ATCP 10.06 Certificate of veterinary inspection.

ATCP 10.07 Animal imports.

ATCP 10.08 Moving diseased animals.

ATCP 10.09 Appraised value of condemned animals.

[NOTE SUBCHAPTERS IV THROUGH X OMITTED]

SUBCHAPTER XI - OTHER ANIMALS

ATCP 10.80 Dogs and domestic cats; imports.

ATCP 10.81 Circus, rodeo, racing and menagerie animals; imports.

ATCP 10.82 Exotic ruminants; imports.

ATCP 10.83 Ratites; imports.

ATCP 10.84 Wild animal imports.

ATCP 10.85 Llama, alpaca, and guanaco imports

 

 

ATCP 10.01 Definitions.

In this chapter:

(1) “Accredited tuberculosis-free herd” means a herd of bovine animals, farm-raised deer or goats that is certified as tuberculosis-free by one of the following:

(a) The department under s. ATCP 10.14, 10.49 or 10.74.

(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.14, 10.49 or 10.74.

(2) “Accredited veterinarian” means a veterinarian who is both of the following:

(a) Licensed to practice veterinary medicine.

(b) Specifically authorized by the federal bureau and responsible state agency, pursuant to 9 CFR 160 to 162, to perform animal disease eradication and control functions under state and federal animal health laws.

Note: Under s. ATCP 10.05, a veterinarian who performs animal disease control and eradication functions in Wisconsin must be accredited by the federal bureau and certified by the department.

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

(4) “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.

(5) “Animal market” means any premises that are open to the public for the purpose of buying or selling livestock or wild animals, and that have facilities to keep, feed and water livestock or wild animals prior to sale.

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

(7) “Approved equine quarantine station” means an equine quarantine station for which the department has issued a current annual permit under s. ATCP 10.37 (3).

(8) “Approved import feedlot” means a feedlot for which the department has issued a permit under s. ATCP 10.22 (9).

(9) “Axillary tuberculosis test” means a test that is used to detect tuberculosis in South American camelids.

(10) “Bison” means American bison of any age or sex, comonly known as buffalo.

(11) “Boar” means an uncastrated male swine that is sexually mature.

(12) “Bovine animal” means domestic cattle (Bos sp.) and American bison of any age or sex.

(13) “Breeder swine” means all the following:

(a) Sexually intact swine 4 months of age or older.

(b) Swine intended for breeding, regardless of the age of the swine.

(14) “Brucellosis” means the contagious, infectious and communicable disease caused by bacteria of the genus Brucella.

Note: Brucellosis is also known as Bang's disease, undulant fever, and contagious abortion. Brucellosis is transmissible to a variety of species including bovine animals, swine, cervids and humans.

(15) “Brucellosis monitored herd” means a herd of farmraised deer that is certified as a brucellosis monitored herd by one of the following:

(a) The department under s. ATCP 10.51.

(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to s. ATCP 10.51.

(16) “Brucellosis test” means a test, approved by the federal bureau and the department, which is used to determine whether an animal is infected with brucellosis.

(17) “Brucellosis uniform methods and rules” means:

(a) Except as provided in par. (b) or (c), the uniform methods and rules for the national brucellosis eradication program, as published in federal bureau publication 91-45-013 (October 1, 2003).

(b) In the case of swine, the uniform methods and rules for the national swine brucellosis control and eradication program, as published in federal bureau publication 91-55-042 (April, 1998).

(c) In the case of farm-raised deer, the uniform methods and rules for the national brucellosis in cervids program, as published in federal bureau publication 91-45-16 (September 30, 2003).

Note: The brucellosis uniform methods and rules are on file with the department, and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/animal_health. Copies may also be obtained by writing to the following address:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Animal Health

P.O. Box 8911

Madison, WI 53708-8911

(18) “Bull” means an uncastrated sexually mature male bovine animal.

(19) “Calf” means a sexually immature bovine animal of either sex.

(20) “Cattle” means any of the various animals of the domesticated genus Bos.

(21) “Certificate of veterinary inspection” means a written certificate that complies with s. ATCP 10.06.

(22) “Certified brucellosa ovis- free flock” means a flock of sheep that is certified by one of the following:

(a) The department under s. ATCP 10.68.

(b) The authorized animal health agency in the state where the flock is located, under standards equivalent to those in s. ATCP 10.68.

(23) “Certified brucellosis- free herd” means a herd of cattle, farm-raised deer or goats that is certified as brucellosis-free by one of the following:

(a) The department under s. ATCP 10.12, 10.51 or 10.73.

(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.12, 10.51 or 10.73.

(24) “Cervid” means a member of the family of animals that includes deer, elk, moose, caribou, reindeer and the subfamily musk deer. “Cervid” includes all farm-raised deer.

(25) “Chronic wasting disease” means the transmissible, contagious, infectious and communicable disease in cervids caused by infectious proteins known as abnormal prions.

(26) “Chronic wasting disease test” means the immunohisto-chemistry (IHC) test, or another chronic wasting disease diagnostic test approved by the federal bureau and the department, used to determine whether an animal is infected with chronic wasting disease, and performed at a laboratory approved by the department or the federal bureau.

(27) “Chronic wasting disease registration tag” means an ear-tag, used to identify a farm-raised deer, which includes all the following:

(a) A premises identification number assigned by the department.

(b) A number that uniquely identifies the farm-raised deer.

(27m) “Commercial swine” means a domestic hog but does not include members of the family suidae included under s. NR 16.11 (3).

(28) “Commingle” means to cause or permit any of the following:

(a) Direct contact with other animals.

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

(c) In the case of fish or fish eggs, contact with other fish or fish eggs or with the same water in which those other fish or fish eggs have been kept.

(29) “Communicable” means transmissible either directly or indirectly.

(30) “Contagious” means spread by contact, body secretions or fomites.

(31) “Cow” means a female bovine animal after first calving.

(31m) “DHIA Technician” means a person approved by a service affiliate of the dairy herd improvement association to certify dairy farm production information.

(32) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection. “Department” may include an authorized agent of the department.

(32m) “Direct supervision of a veterinarian” means supervision in which the veterinarian is immediately available to continually coordinate, direct and personally inspect the practice of the person being supervised.

(33) “Equine animal” means a horse, mule, zebra, donkey or ass.

(34) “Equine infectious anemia” means the contagious and infectious disease of equine animals caused by a non-oncogenic retrovirus.

Note: Equine infectious anemia is also known as EIA or swamp fever.

(35) “Equine infectious anemia test” means a test approved by the department, and conducted at a laboratory approved by the department or the federal bureau, to determine whether an animal is infected with equine infectious anemia.

(36) “Equine market” means an animal market that is open to the public solely for the purpose of trading in equine animals.

(37) “Exhibition” means an organized fair, swap meet, rodeo, trail ride, show or other organized event at which animals owned by different persons are brought together from different premises and exhibited on the same premises. “Exhibition” does not include any of the following:

(a) An animal market.

(b) An exhibition operated by an institution accredited by the American association of zoological parks and aquariums.

(c) A wild animal exhibition operated pursuant to a permit from the Wisconsin department of natural resources.

(38) “Exotic disease” means any communicable, contagious or infectious disease not known to exist in livestock, fish or poultry in Wisconsin.

(39) “Exotic ruminant” means a ruminant not indigenous to Wisconsin. “Exotic ruminant” does not include domestic bovine animals, bison, cervids, alpacas or llamas.

(40) “Exposed” means subjected to a causative agent that may cause the exposed animal to contract a contagious, infectious or communicable disease.

(41) “Fair” means a state, county or district fair.

(42) “Farm-raised deer” means a captive cervid, but includes a non-captive cervid that has an ear tag or other mark identifying it as being raised on a farm. “Farm-raised deer” does not include a cervid kept by an institution accredited by the American association of zoological parks and aquariums.

(43) “Farm-raised game bird” means a captive bird of a wild nature that is not native. “Farm-raised game bird” does not include poultry or ratites, or birds kept pursuant to a license issued under s. 169.15, 169.19, 169.20 or 169.21, Stats.

Note: The Wisconsin department of natural resources issues licenses under ss.169.15 (captive wild animal farm licenses), 169.19 (bird hunting preserve licenses), 169.20 (dog training licenses) and 169.21 (dog trial licenses), Stats.

(44) “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.

(45) “Federally approved livestock import market” means an animal market that complies with s. ATCP 10.07 (4).

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

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

(b) Spayed heifer.

(c) Steer.

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

(48) “Feeder swine pseudorabies monitored herd” means a herd of swine that is certified as a feeder swine pseudorabies monitored herd by one of the following:

(a) The department under s. ATCP 10.27 (3).

(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to s. ATCP 10.27 (3).

(49) “Flock” as applied to poultry means any of the following:

(a) All poultry on a farm.

(b) A subset of poultry, on a farm, which has not commingled with other poultry on that farm for at least 21 days and which is designated as a separate flock by the department.

(50) “Flock” as applied to sheep means one of the following:

(a) A commonly owned or controlled group of sheep that are maintained on common ground.

(b) Two or more commonly owned or controlled groups of sheep that are maintained at geographically separate locations, if animals or people move between the locations without taking effective bio-security measures to prevent the spread of disease.

(51) “Fomite” means an inanimate object or substance that transfers infectious organisms from one animal to another.

(52) “Foreign animal disease” means any communicable, contagious or infectious disease not known to exist in animals in the United States.

(53) “Hatchery” means premises used to hatch poultry or ratites. “Hatchery” includes incubators and setters.

(54) “Heifer” means a female bovine animal up to first calving.

(55) “Herd” means any of the following:

(a) A commonly owned or controlled group of animals that are maintained on common ground.

(b) Two or more commonly owned or controlled groups of animals that are maintained at geographically separate locations, if people, animals or equipment move between the locations without taking effective bio-security measures to prevent the spread of disease.

(56) “Individual” means a human being.

(57) “Infectious” means caused by a pathogenic agent.

(57m) “Intermediate livestock handling facility” means an off-premises facility owned or leased by a slaughtering establishment that is licensed by the department or that is subject to inspection by USDA. The “intermediate livestock handling facility” is used to unload and temporarily hold animals before the animals are delivered to the slaughtering establishment.

(58) “Johne's disease” means paratuberculosis, the infectious and communicable disease of domestic ruminants that is caused by Mycobacterium avium, subsp. paratuberculosis.

(59) “Johne's disease national program standards” means the program standards for the national voluntary Johne's disease control program, as published in federal bureau publication 91-45-016 (September 2010).

Note: The Johne's disease national program standards are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/vs/index.html. Copies may be obtained by writing to the following address:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Animal Health

P.O. Box 8911

Madison, WI 53708-8911

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

(61) “Keeper of farm-raised deer” means a person who keeps farm-raised deer.

(62) “Livestock” means bovine animals, equine animals, goats, poultry, sheep, swine other than wild hogs, farm-raised deer, farm-raised game birds, camelids, ratites and fish.

Note: This definition of “livestock” applies only for purposes of this chapter. This definition is consistent with the definition in ch. ATCP 17 (livestock premises registration). More limited definitions apply for purposes of ch. ATCP 12 (animal markets, dealers and truckers), ch. ATCP 51 (livestock facility siting), and disease indemnity programs. Disease indemnities for condemned “livestock,” under s. 95.31, Stats., apply to animals of species raised primarily to produce food for human consumption (including farm-raised deer).

(63) “Livestock premises code” means the code assigned under s. ATCP 17.02 (7) or, for livestock premises located in another state, an equivalent code assigned by that other state.

(63m) “M-branded” means branded with the letter “M” to signify imported from Mexico.

(64) “Mare” means a female equine animal over 731 days of age.

(65) “Menagerie animal” means a domestic or non-domestic animal kept as part of a collection of multiple species primarily for purposes of exhibition.

(66) “Mycoplasmosis” means a disease of poultry caused by bacteria of the genus Mycoplasma.

(67) “National poultry improvement plan” means the national poultry improvement plan and auxiliary provisions dated January 2011, 9 CFR 56, 145, 146, and 147, printed in USDA-APHIS publication 91-55-088.

Note: The national poultry improvement plan is on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/animal_health. The department will provide free copies to Wisconsin flock owners upon request. A flock owner may request a copy by calling (608) 224-4877, by visiting the department website at www.datcp.state.wi.us or by writing to the following address:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Animal Health

P.O. Box 8911

Madison, WI 53708-8911

(68) “Negative” means an official diagnostic test result that discloses no evidence of disease.

(69) “Official backtag” means an identification backtagissued or approved by the federal bureau or the department.

Note: Examples of official backtags include the official Wisconsin bovine backtag and the official Wisconsin swine backtag.

(70) “Official eartag” means an identification eartag issued or approved by the federal bureau or the department.

Note: An official eartag, inserted in the right ear of the animal, uniquely identifies each individual animal with no duplication of the alpha-numeric identification, regardless of the materials or colors used. Examples of official eartags include the official Wisconsin identification tag, the official USDA Wisconsin vaccination tag, and the official Wisconsin swine eartag.

(71) “Official individual identification” means a set of identifying characters that is uniquely associated with an individual animal, and that consists of one of the following:

(a) The animal's official eartag number.

(b) The animal's breed association tattoo.

(c) The animal's breed association registration number.

(d) A registration freeze brand number that uniquely identifies the animal.

(e) The official breed registration lip tattoo number of an equine animal that uniquely identifies the equine animal.

(f) A written or graphic description of an equine animal, prepared by a licensed and accredited veterinarian, which uniquely identifies that equine animal and includes all of the following:

1. A complete and accurate description of the equine animal's breed, coloration and distinguishing markings.

2. The equine animal's sexual status.

(g) A microchip number if all the following apply:

1. The microchip number uniquely identifies the animal.

2. The microchip is implanted in the animal.

(h) The leg band number of a ratite which uniquely identifies that ratite.

(i) A poultry leg band or wing band bearing a number that uniquely identifies a bird.

(j) For a swine weighing 80 pounds or less, the premises identification of the premises of origin.

(k) A chronic wasting disease status program registration tag,provided that the farm-raised deer also has a unique individual identification number.

(L) A premises tattoo for a farm-raised deer, provided the farm-raised deer also has a unique individual identification number.

(m) A tattoo number issued by the department.

(n) A unique premises identification issued by the department, provided that the animal also bears a unique individual identification number.

(o) Other identification approved by the department.

(72) “Official spayed heifer” means a female bovine animal that has had its ovaries removed and is identified by an open spade brand or spay certificate.

(73) “Official vaccinate” means a female bovine animal that is vaccinated against brucellosis, and identified and reported as a vaccinate, in compliance with s. ATCP 10.10 or equivalent laws of another state.

(74) “Open spade brand” means a branding mark consisting of the outline of an inverted heart with a short stalk at the bottom, used for the identification of spayed heifers.

(75) “Originates from a herd” or “originating from a herd” means coming from a herd, other than a group of animals temporarily assembled for sale or shipment, in which the animal was born or kept since birth, or in which the animal was kept for at least 120 days.

(76) “Originates from a state” or “originating from a state” means coming directly from one of the following:

(a) A state in which the animal was born and kept since birth.

(b) A state to which the animal was moved from a state holding an equal or better federal classification for the disease in question.

(c) A state in which the animal has been kept for at least 120 consecutive days.

(77) “Person” means an individual, corporation, partnership, cooperative, limited liability company, trust, governmental entity, academic institution or other legal entity.

(78) “Pet bird” means a psittacine or soft bill that is not native, is not identified on the federal list of endangered and threatened species, and is not a migratory bird.

(79) “Poultry” means domesticated fowl, including chickens, turkeys and waterfowl, which are bred for the primary purpose of exhibition or producing eggs or meat. “Poultry” does not include ratites.

(80) “Pseudorabies” means the contagious, infectious, and communicable disease of livestock and other animals that is caused by the pseudorabies herpes virus.

Note: Pseudorabies is also known as Aujeszky's disease, mad itch, and infectious bulbo-paralysis.

(81) “Pseudorabies national eradication standards” means the program standards for the national joint program on pseudorabies eradication, as published in federal publication 91-55-071 (November 1, 2003).

Note: The pseudorabies national eradication standards are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website: www.aphis.usda.gov/animal_health. Copies may be obtained from:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Animal Health

P. O. Box 8911

Madison, WI 53708-8911

(82) “Pseudorabies test” means the negative serum neutralization (SN) test or another pseudorabies diagnostic test that is approved by the department and conducted at a laboratory approved by the department or the federal bureau.

(83) “Pullorum” means a disease of poultry caused by Salmonella pullorum.

(84) “Qualified pseudorabies negative grow-out herd” means a grow-out herd of swine that is certified by one of the following:

(a) The department under s. ATCP 10.27 (2).

(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.27 (2).

(85) “Qualified pseudorabies negative herd” means a herd of swine that is certified by one of the following:

(a) The department under s. ATCP 10.27 (1).

(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.27 (1).

(86) “Racing animal” means an equine animal, or a greyhound or other racing canine, that participates or is raised to participate in races, including races at county, district, or state fairs, for money or other prizes.

(87) “Ratite” means a member of the group of flightless birds that includes the ostrich, emu, cassowary, kiwi and rhea.

(88) “Reactor” means an animal that tests positive, in a conclusive diagnostic test, for an infectious, contagious or communicable disease.

(89) “Shipped directly to a slaughtering establishment” means delivered to a slaughtering establishment without being unloaded at any other location in this state.

(90) “Slaughtering establishment” means a slaughtering establishment that is licensed by the department, or that is subject to inspection by USDA. “Slaughtering establishment” includes all premises used in connection with the slaughter operation including an approved intermediate livestock handling facility.

(91) “South American camelid” means a llama, alpaca, vicuna or guanaco.

(92) “Sow” means a sexually mature female swine.

(93) “Stallion” means a male equine animal over 731 days of age, but does not include a gelding.

(94) “State veterinarian” means the administrator of the animal health division of the department, or a veterinarian whom the administrator specifically authorizes to act on the administrator's behalf.

(95) “Steer” means a castrated male bovine animal.

(96) “Suspect” means an animal that is suspected of having a disease, based on test results or other reliable information, but that is not yet confirmed to have the disease.

(97) “Swine” means a domestic hog or any variety of wild hog.

(98) “Swine growth performance test station” means premises where swine are assembled for purposes of determining feeding efficiency.

(99) “Test mare” means a mare that is used to determine the disease status of stallions with respect to contagious equine metritis.

(100) “Tuberculosis” means the contagious, infectious and communicable disease caused by Mycobacterium bovis.

Note: Tuberculosis caused by Mycobacterium bovis is also known as bovine tuberculosis. It is transmissible not only to cattle and other bovine animals, such as bison, but also to certain non-bovine species including cervids and humans.

(101) “Tuberculosis modified accredited state” means a state that USDA has classified as a tuberculosis modified accredited state, or a state with a tuberculosis prevalence in bovine herds greater than 0.1%.

(102) “Tuberculosis monitored herd” means, in the case of farm-raised deer, a herd that is certified as a tuberculosis monitored herd by one of the following:

(a) The department under s. ATCP 10.49.

(b) The authorized animal health agency of the state in which the herd is located, using standards equivalent to those in s. ATCP 10.49.

(103) “Tuberculosis non-modified accredited state” means a state that the federal bureau has classified as a tuberculosis non-modified accredited state, or a state with a tuberculosis prevalence in bovine herds of at least 0.01% but not more than 0.1%.

(104) “Tuberculosis qualified herd” means, in the case of farm-raised deer, a herd that is certified as a tuberculosis qualified herd by one of the following:

(a) The department under s. ATCP 10.49.

(b) The authorized animal health agency of the state in which the herd is located, under standards equivalent to s. ATCP 10.49.

(105) “Tuberculosis test” means a test, approved by the department, which may be used to detect tuberculosis in animals for purposes of ch. 95, Stats., this chapter or ch. ATCP 12. “Tuberculosis test” includes any of the following tests, as applicable:

(a) A caudal fold tuberculin test or a comparative cervical tuberculin test for bovine animals.

(b) A single cervical tuberculin test or a comparative cervical tuberculin test for farm-raised deer.

(c) A post axillary tuberculosis test for exotic ruminants or South American camelids.

Note: Under s. ATCP 10.82 (3), the department must approve tuberculosis tests used for different species of exotic ruminants.

(d) A test approved by the department.

(106) “Tuberculosis uniform methods and rules” means:

(a) Except as provided in par. (b), the uniform methods and rules for the national bovine tuberculosis eradication program, federal bureau publication 91-45-011 (January 1, 2005).

(b) In the case of farm-raised deer, the uniform methods and rules for the national cervid tuberculosis eradication program dated January 22, 1999, as published in federal bureau publication 91-45-011 (January 22, 1999), as amended by federal register Volume 71, No. 81, effective April 21, 2006.

Note: The tuberculosis uniform methods and rules are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/animal_health. Copies may also be obtained by writing to the following address:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Animal Health

P. O. Box 8911

Madison, WI 53708-8911

(107) “Typhoid” or “fowl typhoid” means a disease of poultry caused by Salmonella gallinarum.

(108) “USDA” means the United States department of agriculture.

(109) “Validated brucellosis-free herd” means a herd of swine that is certified as brucellosis-free by one of the following:

(a) The department under s. ATCP 10.29.

(b) The authorized animal health agency of the state where the herd is located, under standards equivalent to those in s. ATCP 10.29.

(110) “Veal calf” means a bovine animal of either sex, not more than 120 days old, which is kept for the sole purpose of feeding prior to slaughter for veal.

(111) “Waters of the state” has the meaning given in s. 281.01 (18), Stats.

(112) “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.

(113) “Wisconsin certified veterinarian” means a veterinarian certified under s. ATCP 10.05.

(114) “Zoo” or “zoological park” means any park, building, cage, enclosure, or other structure or premises in which a live animal or animals are kept for public exhibition or viewing, regardless of whether admission or other consideration is paid by the viewer.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (106) (b) Register June 2008 No. 630. eff. 7-1-09; CR 07-107: cr. (31m) and (63m), am. (39) and (59), r. (71) (g) 3. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: cr. (27m), (57m), am. (59), (65), (67), (90), (105) (b), cr. (105) (d) Register July 2012 No. 679, eff. 8-1-12.

 

ATCP 10.02 Domestic animals.

The following animals are considered domestic animals under s. 169.01 (7), Stats., and are not considered wild animals:

(1) Livestock.

(2) Poultry.

(3) Farm-raised game birds, except farm-raised game birds that have been released to the wild.

(4) Ratites.

(5) Farm-raised fish, except fish that have been released to waters of the state.

(6) Foxes, fitch, nutria, marten, fisher, mink, chinchilla, rabbit or caracul that are born, bred and raised in captivity and are not endangered or threatened species.

(7) Pet birds.

(8) Animals of any species that has been domesticated by humans.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.

 

ATCP 10.03 Disease reporting.

(1) A person who diagnoses or obtains credible diagnostic evidence of any disease identified in Appendix A, in an animal in this state, shall report that diagnosis or evidence to the department within one day after making the diagnosis or obtaining the evidence.

(2) A person who diagnoses or obtains credible diagnostic evidence of any disease identified in Appendix B, in an animal in this state, shall report that diagnosis or evidence to the department within 10 days after making the diagnosis or obtaining the evidence.

(3) A person may make a report under sub. (1) or (2) by telephone or any other effective means of communication. If the report is not in writing, the person shall confirm the report in writing by mail, e-mail or fax within 10 days.

(4) If the department, the Wisconsin veterinary diagnostic laboratory, or the Wisconsin department of health and family services makes a diagnosis or obtains evidence under sub. (1) or (2), no other person is required to report the diagnosis or evidence under sub. (1) or (2).

(5) A person is not required to make a report under sub. (1) or (2) if another person reports the same information under sub. (1) or (2).

Note: For example, if a veterinarian submits a test sample to a laboratory and receives a positive test result for a disease identified under sub. (1) or (2), the veterinarian is not required to report the test result to the department if the laboratory does so.

(6) If the department determines that a disease reported under sub. (1) or (2) may present a threat to wild animals in this state, the department shall notify the department of natural resources of the report contents.

Note: Separate reporting requirements apply to fish diseases under s. ATCP 10.66. Other species-specific reporting requirements may also apply under this chapter.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.

 


ATCP 10.04 Disease tests.

(1) Duty to Report Test Results. (a) A veterinarian, qualified fish health inspector, certified veterinary technician or DHIA technician who tests an animal in this state for any of the following diseases shall report the test result to the department, regardless of whether the test result is positive or negative:

1. Brucellosis.

2. Johne's disease.

3. Pseudorabies.

4. Tuberculosis.

5. Chronic wasting disease.

6. Viral hemorrhagic septicemia.

(b) A veterinarian shall report a positive test result under par. (a) within the time period and by the method specified for that disease in s. ATCP 10.03.

(c) A veterinarian shall report a negative test result under par. (a) within 10 days after receiving that test result. The veterinarian shall report the negative test result in writing, by mail, e-mail, or fax.

(d) A veterinarian is not required to report under par. (a) if the laboratory analyzing the test sample reports the test result to the department according to this subsection.

(e) A test result report under this subsection shall include the official individual identification of the animal to which the test result pertains. If the animal has no official individual identification, the veterinarian who collected the test sample shall identify the animal with an official individual identification.

(2) Duty To assist department. An owner or custodian of animals shall make those animals available to the department, at the department's request, for any disease testing that the department is authorized to perform on those animals. The owner or custodian shall restrain the animals, as necessary, to facilitate testing and protect the safety of the animal and the persons performing the testing.

(3) Presumption. For purposes of ch. 95, Stats., this chapter and ch. ATCP 12, a laboratory test result is rebuttably presumed to be valid if the department or the federal bureau has approved or certified the laboratory to perform that type of test.

(4) Department ordered testing If an animal is moved or imported without being tested according to this chapter or may be exposed to a disease identified in Appendix A or Appendix B, the department may order the testing performed, or may order that an authorized employee or agent of the department or the federal bureau perform the testing, at the owner's expense. Testing completed under a department order does not relieve any person from other penalties or remedies that may apply because of the illegal import or movement.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (1) (title) and (a) (intro.), cr. (1) (a) 5. and 6. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (4) Register July 2012 No. 679, eff. 8-1-12.

 


ATCP 10.05 Wisconsin certified veterinarians.

(1) Automatic certification. A veterinarian is automatically certified as a Wisconsin certified veterinarian, without any action by the department, if all the following apply:

(a) The veterinarian is currently licensed under ch. 453, Stats., to practice veterinary medicine in this state.

(b) The veterinarian is currently accredited by the federal bureau under 9 CFR 160 to 162.

(2) Decertification. (a) A veterinarian is no longer certified under sub. (1) if any of the following occur:

1. The veterinarian is no longer licensed under ch. 453, Stats., to practice veterinary medicine. If the veterinarian's license is temporarily suspended, the certification under sub. (1) is suspended for the period of the license suspension.

2. The veterinarian is no longer accredited by the federal bureau under 9 CFR 160 to 162. If the veterinarian's federal accreditation is temporarily suspended, the certification under sub. (1) is suspended for the period of the accreditation suspension.

3. The department suspends or revokes the certification for cause.

(b) The state veterinarian may, on behalf of the department, summarily suspend or revoke the certification of a veterinarian who violates applicable requirements under ch. 95, Stats., this chapter or ch. ATCP 12 or 16. The state veterinarian shall specify, in the order, the period of suspension or the requirements for reinstatement after revocation. A veterinarian may request a hearing before the department, pursuant to ch. 227, Stats. A request for hearing does not stay the summary suspension or revocation.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (2) (b) Register July 2012 No. 679, eff. 8-1-12.

 


ATCP 10.06 Certificate of veterinary inspection.

(1) When required. (a) Except as provided in par. (c), a certificate of veterinary inspection shall accompany every animal imported into this state.

(b) A certificate of veterinary inspection is not required for movement of animals within this state, except as specifically provided in this chapter or ch. ATCP 12 or 16.

Note: A certificate of veterinary inspection may be required under this chapter or ch. ATCP 12 or ch. ATCP 16 for the sale or movement of certain animals within this state. See, for example, s. ATCP 10.56 (1) related to intrastate movement of farm-raised deer, s. ATCP 10.87 (3) related to intrastate movement of swine to fairs or exhibitions, and s. ATCP 16.16 related to sales of dogs by licensed dog sellers or dog facility operators.

(c) A certificate of veterinary inspection is not required under par. (a) for imports of the following animals, unless a certificate is required in a particular case under s. ATCP 10.07:

1. A bovine animal that is exempt under s. ATCP 10.22 (1) (b).

2. A swine that is exempt under s. ATCP 10.30 (1) (b).

3. An equine animal that is exempt under s. ATCP 10.36 (2).

4. A sheep that is exempt under s. ATCP 10.69 (2).

5. A goat that is exempt under s. ATCP 10.76 (1) (b).

6. A farm-raised deer that is exempt under s. ATCP 10.55 (2).

7. A ratite that is exempt under s. ATCP 10.83 (2).

8. Fish imported in compliance with s. ATCP 10.62.

9. An invertebrate imported in compliance with ss. 94.01 and 94.03, Stats., and ch. ATCP 21.

10. An animal that is imported directly to a veterinary facility for treatment, and returned directly to its state of origin immediately after treatment, with no change in ownership.

11. An animal returning to its place of origin in this state, with no change of ownership, immediately after receiving veterinary treatment in another state.

12. An animal that is imported directly to an institution accredited by the American association of zoological parks and aquariums.

(2) Who may issue. An accredited veterinarian shall prepare and sign a certificate of veterinary inspection, except that a Wisconsin certified veterinarian shall prepare and sign a certificate issued in Wisconsin.

(3) Form (a) A certificate of veterinary inspection shall be issued on a form provided by, or approved by, the department, the federal bureau or the state in which the certificate is issued Except as required under this chapter or ch. ATCP 12 or 16, a certificate issued in this state shall be issued on a form provided by, or approved by, the department.

Note: A certificate of veterinary inspection issued in another state for fish imported to this state must be issued on a form provided by, or approved by, the department. See s. ATCP 10.65 (1). A certificate of veterinary inspection issued for intrastate movement from a licensed dog seller or dog facility operator must be on a form issued by the department. See s. ATCP 16.16.

(b) A Wisconsin certified veterinarian may obtain Wisconsin certificate of veterinary inspection forms from the department. There is a fee of $5.60 for each interstate movement form, and $0.60 for each intrastate movement form.

Note: A Wisconsin certified veterinarian may obtain forms under par. (b) by contacting the department at the following address:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Animal Health

P.O. Box 8911

Madison, WI 53708-8911

Phone: (608) 224-4872

Fax: (608) 224-4871

(4) Contents. Except as required by other applicable provisions of law, a certificate of veterinary inspection related to a shipment of animals shall include all of the following:

(a) The number, species, breed, sex and age of the animals included in the shipment.

(b) Official individual identification of each animal in the shipment, if required under this chapter or ch. ATCP 12. The department may require official individual identification of animals in a particular shipment, pursuant to s. ATCP 10.07, regardless of whether official individual identification is otherwise required.

(c) The name, telephone number, if available, and address of the person shipping the animals.

(d) The following information related to the premises from which the animals are shipped:

1. The premises address.

2. The livestock premises code, if any.

3. Relevant health certification numbers issued by the state of origin, if the certificate of veterinary inspection represents that the state of origin has certified the health status of animals on the premises.

(e) The name and address of the person receiving the animals.

(f) The address, and the livestock premises code if any, of the premises where the animals will be received.

(g) The number of any permit required under s. ATCP 10.07 (2) or 10.08 (3).

(h) Other information required under this chapter for the import or movement of the animal.

Note: This chapter requires additional information for the import or movement of certain animals. Required information may include diagnostic test results, vaccination status, the disease status of the herd or flock of origin, or the disease status of the state of origin. The department may also require additional information, for particular import shipments, under s. ATCP 10.07. Also see s. ATCP 16.16 which requires different information for a certificate of veterinary inspection for dogs moved intra-state.

(i) The following statement, or one substantially similar: “I certify, as a veterinarian, that I have inspected the animals identified on this certificate and that the animals are not showing signs of contagious or infectious disease, except where noted. Vaccinations and test results are as indicated on the certificate. To the best of my knowledge, the animals identified on this certificate meet applicable federal and state of destination requirements.”

(j) The veterinarian's signature and date of signature.

(5) Certificate valid for 30 days. A certificate of veterinary inspection is valid for 30 days from the date of inspection unless the department specifies a different expiration date under s. ATCP 10.07 (1) (b) or (2).

(6) Filing copies of certificate. (a) If this chapter requires a certificate of veterinary inspection to accompany animals imported to this state, the veterinarian who signs the certificate shall also file copies with the department and the chief livestock health official in the state of origin. The veterinarian shall file the copies within 7 days after the import shipment date.

(b) Whenever a Wisconsin certified veterinarian issues a certificate of veterinary inspection for export or intrastate movement of Wisconsin animals, the veterinarian shall file a copy of the certificate with the department within 7 days after the export or intrastate movement. If the animals are being exported, the veterinarian shall also file a copy of the certificate with the chief livestock health official of the state of destination.

(c) Whenever the department receives a certificate of veterinary inspection under sub. (1) for imported wild animals, the department shall forward a copy of that certificate to the department of natural resources.

Note: Intrastate certificates of veterinary inspection issued under s. ATCP 16.16 (dog sales; certificate of veterinary inspection) are not required to be filed with the department.

(7) Animal imported to consignment sale. (a) If an animal is imported on consignment to a livestock dealer or market operator, for sale on behalf of an out-of-state seller, any required certificate of veterinary inspection that accompanies the imported animal shall continue to accompany that animal until the purchaser receives the animal.

(b) Whenever a Wisconsin certified veterinarian issues a certificate of veterinary inspection for an imported animal sold on consignment in this state, the certificate may incorporate pertinent health information from the certificate that accompanied the imported animal. The veterinarian may issue the certificate on the same certification form if the form is specifically designed for that purpose, or the veterinarian may issue a separate certificate that includes the following statement or one substantially similar:

“The vaccination record, test results, and source herd information on this certificate have been copied from the incoming certificate of veterinary inspection that was issued by (accredited veterinarian), who certified the information at (address and state of origin) on (date). A copy of the incoming certificate is attached.”

(c) Within 7 days after a Wisconsin certified veterinarian issues a certificate of veterinary inspection under par. (b), that veterinarian shall file with the department copies of that certificate and the certificate that accompanied the imported animal under par. (a).

Note: Certificates of veterinary inspection issued for dogs imported into this state and dogs sold by licensed dog sellers or dog facility operators need to comply with ss. ATCP 10.80 and 16.16. Copies of intrastate certificates of veterinary inspection on dogs are not required to be filed with the department.

History: CR 06-009: cr. Register September 2006 No. 609, eff.10-1-06; CR 07-061: am. (3) (b) Register June 2008 No. 630, eff. 7-1-08; CR 10-100 am. (1) (b) Register May 2011 No. 665, eff. 6-1-11; CR 11-048: am. (1) (b), (3) (a), (4) (intro.), (c), (5) Register July 2012 No. 679, eff. 8-1-12.

 


ATCP 10.07 Animal imports.

(1) General. (a) Persons importing animals to this state shal comply with applicable import requirements under this chapter and ch. ATCP 12.

(b) The state veterinarian may by written notice, or by oral notice confirmed in writing, direct a person to comply with additional import requirements if the state veterinarian determines, based on an epidemiological evaluation of current disease risks in the herd, state or nation of origin, that those additional requirements are needed to prevent the spread of disease to this state.

Note: Whenever the state veterinarian imposes additional import requirements under par. (b), the department will determine whether those import requirements have general application. If the requirements have general application, the department will adopt an emergency rule and promulgate a permanent rule adopting the requirements.

If the import requirements under par. (b) do not have general application, they constitute an order under s. 93.07 (10), Stats. A person affected by the order may request a hearing under s. 227.42, Stats., and ch. ATCP 1.

Whenever additional import requirements under par. (b) affect imports from an entire state or a substantial portion of a state, the department will notify the chief animal health officer in the affected state.

(c) No person who receives a notice of an additional import requirement under par. (b) may import an animal in violation of the additional import requirement.

(2) Import permit (a) No person may import an animal shipment to this state without an import permit from the department, if a permit is required by this chapter or ch. ATCP 12. The department may issue a permit in paper, verbal or electronic form. Each permit shall be evidenced by a unique permit number that shall be recorded on the official certificate of veterinary inspection by the importer or accredited veterinarian.

(b) A permit under par. (a) is conditioned upon compliance with import requirements in this chapter and ch. ATCP 12, and any conditions specified when the permit is issued. Noncompliance may invalidate a permit. A permit is not evidence of compliance.

(c) The department shall grant or deny a permit under par. (a) within 30 days after the department receives a complete application. The department shall send notice of its action, provide a permit number and forward a copy of the permit if required by this chapter. The department may notify the applicant of its action by telephone, mail or electronic transmission.

(d) An importer, or an accredited veterinarian acting on behalf of an importer, may apply for a permit under par. (a).

Note: An importer, or an accredited veterinarian acting on behalf of an importer, may apply for a permit in any of the following ways:

1. By telephone to the following number: (608) 224-4872. The department may require the applicant to confirm a telephone application in writing, by mail or electronic transmission.

2. By fax to the following number: (608) 224-4871.

3. By email to: datcpanimalimports@wisconsin.gov.

4. By mail to the following address:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Animal Health

P.O. Box 8911

Madison, WI 53708-8911

(e) A permit application under par. (d) shall include all of the following information:

1. The name, address and telephone number of the importer. If an accredited veterinarian applies on behalf of an importer, the veterinarian shall also disclose his or her name, address and telephone number.

2. The name and address of the import recipient.

3. The number and type of animals being imported.

4. The state or nation from which the animals are being imported.

5. Other relevant information required by the department.

(em) An import permit under par. (a) expires 30 days after it is issued, unless the department specifies a different expiration date on the import permit.

(f) The department shall keep, for at least 5 years, a record of every import permit under par. (a).

(3) Written permit waiving import requirements. (a) The state veterinarian may issue a written import permit that waives import requirements for a single import shipment if the state veterinarian determines all of the following:

1. That special conditions justify the waiver.

2. That the waiver does not create an undue risk to public health, safety or welfare, or to animals or the environment.

(b) A permit under par. (a) shall identify the import shipment, the import requirements waived, and the special conditions that justify the waiver. The permit may specify alternative import requirements that the state veterinarian deems necessary.

(c) A person applying for an import permit under par. (a) shall apply in writing. The application shall explain the special conditions that justify the permit, and shall include relevant documentation requested by the department.

(d) The department shall keep, for at least 5 years, a record of every permit issued under par. (a).

(e) A copy of the permit waiving any import requirements shall be attached to the certificate of veterinary inspection.

(4) Federally approved livestock import markets. (a) An animal market qualifies as a federally approved livestock import market, for purposes of this chapter, if all the following apply:

1. The animal market is licensed under s. ATCP 12.02.

2. The animal market operator has a current agreement with the federal bureau under 9 CFR 71.20.

3. The department has authorized the animal market to receive animal import shipments as a federally approved livestock import market under this chapter.

4. The animal market operates in compliance with this section.

(b) Animals of a type identified in the agreement under par. (a) 2. may be imported to the federally approved livestock import market without meeting import requirements under this chapter, provided that the animals are imported in compliance with 9 CFR 71, 78 and 85 and the agreement under par. (a) 2.

(c) An operator of a federally approved livestock import market may not do any of the following:

1. Release any animal from that market to a Wisconsin destination unless the animal meets all applicable import requirements under this chapter.

2. Fail to disclose, to the recipient of any animal released from that market, the animal's state of origin.

(d) The operator of a federally approved livestock import market shall keep all records required by this chapter, ch. ATCP 12 and 9 CFR 71.20. The operator shall retain the records for at least 5 years, and shall make them available to the department for inspection and copying upon request.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: r. and recr. (4) (c) Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. (2) (a), (b), (c), cr. (3) (e) Register July 2012 No. 679, eff. 8-1-12.

 


ATCP 10.08 Moving diseased animals.

(1) General. No person may, in connection with the import, sale, movement or exhibition of any animal, do any of the following:

(a) Knowingly conceal that the animal has been infected with or exposed to any contagious or infectious disease.

(b) Knowingly misrepresent that the animal has not been exposed to or infected with any contagious or infectious disease.

(c) Knowingly permit an animal that has been exposed to or infected with a contagious or infectious disease to commingle with other animals under conditions that may cause the disease to spread to an animal owned by another person.

(2) Contagious or infectious diseases. Except as provided in sub. (3), no person may sell or move any animal that is infected with or exposed to any of the following contagious or infectious diseases, or any animal that the department has classified as a suspect or reactor for any of the following contagious or infectious diseases:

(a) Anthrax.

(b) Brucellosis.

Note: See also ss. ATCP 10.11, 10.28(4) and 10.50(4).

(c) Chronic wasting disease.

(d) Equine encephalomyelitis.

(e) Equine infectious anemia.

(f) Foot and mouth disease.

(g) Hog cholera (classic swine fever).

(h) Vesicular stomatitis.

(i) Mycoplasma gallisepticum.

(j) Pseudorabies.

(k) Psoroptic mange.

(L) Pullorum.

(m) Rabies.

(n) Salmonellosis entriditis in poultry.

(o) Scrapie.

(p) Sheep foot rot.

(q) Swine dysentery.

(r) Tuberculosis.

Note: See also ss. ATCP 10.13(3) and 10.48(6).

(s) Vesicular exanthema.

Note: See ss. ATCP 10.16 related to Johne's disease. Animals infected with or exposed to other contagious or infectious diseases, not listed in par. (a), may be quarantined at the discretion of the department under s. ATCP 10.89 and other provisions of this chapter.

(3) Permit to move. (a) The department may issue a permit allowing a movement of animals that is otherwise prohibited under this chapter. The permit may allow movement for slaughter or other purposes prescribed by the department in the permit, subject to terms and conditions prescribed in the permit. The department shall grant or deny a permit under this subsection within 5 business days after the department receives a complete permit application containing all information required by the department.

(b) If a permit under par. (a) allows movement to a slaughtering establishment for slaughter, the slaughtering establishment operator shall report to the department the results of any post-mortem examination of the animal. The operator shall file the report within 7 days after the operator receives the animal at the slaughtering establishment.

(4) Removing livestock from slaughter establishment. No person may remove any livestock animal from a slaughtering establishment after the animal has been off-loaded at the slaughtering establishment unless the animal is removed under a special permit issued by the state veterinarian. The state veterinarian shall grant or deny a permit application within 5 business days after he or she receives a complete application.

(5) Release of diseased wild animal. A person who knows or has reason to know that a captive wild animal has been infected with or exposed to a disease identified in s. ATCP 10.03 may not release the animal to the wild unless a certified veterinarian finds that the animal is free of the disease at the time of release. The veterinarian shall make the finding on a certificate of veterinary inspection that is filed with the department.

Note: See also ss. 169.04 (2) (d) and 169.06 (1) (d), Stats.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (4) and (5) Register November 2008 No. 635, eff. 12-1-08.

 

ATCP 10.09 Appraised value of condemned animals.

If the owner of an animal destroyed under ss. 95.21 (4) (b), 95.23 (1m), 95.25, 95.26, 95.27 or 95.31 (3) or (4), Stats., is eligible for a state indemnity for that animal under ch. 95, Stats., and if the animal is of a type not frequently sold at public auction, the department shall appoint a knowledgeable independent appraiser to determine the appraised value of the animal. The appraiser shall determine the appraised value based on the animal's size, species, sex, and grade or quality, and by relevant information related to prevailing market prices for animals of that size, species, sex, and grade or quality. The appraiser may, as appropriate, conduct market surveys to obtain relevant price information.

History: CR 07-107: cr. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. Register July 2012 No. 679, eff. 8-1-12.
 

[NOTE SUBCHAPTERS IV THROUGH X OMITTED]

SUBCHAPTER XI - OTHER ANIMALS
ATCP 10.80 Dogs and domestic cats; imports.

(1) Certificate of veterinary inspection. No person may import any dog or domestic cat into this state unless it is accompanied by a valid certificate of veterinary inspection. The certificate shall indicate all of the following:

(a) The age of the dog or domestic cat.

(b) A report of rabies vaccination if required under sub. (2). The report shall include the date on which the dog or domestic cat was last vaccinated for rabies by a licensed veterinarian.

(c) The date on which the dog or domestic cat is due to be vaccinated or re-vaccinated for rabies.

(2) Rabies vaccination requirement. (a) Except as provided in par. (b), no person may import a dog or domestic cat into this state unless the dog or domestic cat has a current rabies vaccination.

(b) An imported dog or domestic cat that is under 5 months of age may be imported without a current rabies vaccination administered by a licensed veterinarian provided that the owner has the dog or cat vaccinated by a licensed veterinarian by the date on which the dog or cat reaches 5 months of age.

(c) A rabies vaccination under this section shall comply with label instructions, age standards and time standards approved by the federal bureau for the type of vaccine used.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: cr. (1) (title), r. and recr. (1) (a), am. (1) (b), (c), r. and recr. (2), renum. (3) to be (2) (c) Register July 2012 No. 679, eff. 8-1-12.

 

ATCP 10.81 Circus, rodeo, racing and menagerie animals; imports.

(1) Permit required. (a) No person may import any circus, rodeo, or menagerie animal into this state without a written permit from the department under s. ATCP 10.07 (2).

(2) Permit conditions. A permit under sub. (1) is subject to the following conditions:

(a) Every animal shall be accompanied by a valid certificate of veterinary inspection. The certificate shall include the number of the import permit issued by the department under sub. (1).

(b) All animals shall meet applicable import requirements under this chapter.

(c) All animals shall be isolated from non-circus, non-rodeo, and non-menagerie animals, and from native wildlife in the state. Facilities and vehicles used for the animals shall be cleaned and disinfected before being used for other animals.

Note: Animals used for racing events must comply with the import requirements for that species under this chapter.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (title), renum. (1) (a) to be (1) and am., r. (1) (b), am. (2) (a) Register July 2012 No. 679, eff. 8-1-12.


ATCP 10.82 Exotic ruminants; imports.

(1) Certificate of veterinary inspection. No person may import an exotic ruminant into this state unless a valid certificate of veterinary inspection accompanies the animal. The certificate shall include the following information:

(a) The import permit number under sub. (2).

(b) A report of a negative tuberculosis test under sub. (3).

(c) A report of a negative brucellosis test under sub. (4).

(2) Import permit. No person may import an exotic ruminant into this state without an import permit under s. ATCP 10.07 (2).

(3) Tuberculosis test required. (a) Except as provided under par. (b), no person may import an exotic ruminant into this state unless the exotic ruminant tests negative on a tuberculosis test that is approved by the department for that species of exotic ruminant. The test shall be conducted not more than 60 days prior to the import date.

Note: To obtain a list of tuberculosis tests approved for various species of exotic ruminants, contact the department at the following address:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Animal Health

P.O. Box 8911

Madison, WI 53708-8911

Phone: (608) 224-4872

(b) Paragraph (a) does not apply to an exotic ruminant imported directly to an institution accredited by the American association of zoological parks and aquariums. An animal imported to an accredited institution under this paragraph may not be moved to any place that is not an accredited institution unless the animal tests negative on a tuberculosis test approved for that species by the department. The test shall be conducted not more than 60 days before the animal is moved.

(c) The veterinarian performing a tuberculosis test under par. (a) or (b) shall be one of the following:

1. An accredited veterinarian, except that a test performed in this state shall be performed by a Wisconsin certified veterinarian.

2. An employee of the department or the federal bureau.

(4) Brucellosis test required. (a) Except as provided in par. (b), no person may import an exotic ruminant into this state unless the animal tests negative on a brucellosis test conducted not more than 30 days prior to the import date.

(b) Paragraph (a) does not apply to an exotic ruminant imported directly to an institution accredited by the American association of zoological parks and aquariums. An exotic ruminant imported to an accredited institution under this paragraph may not be moved to any place which is not an accredited institution under this paragraph unless the exotic ruminant tests negative on a brucellosis test conducted not more than 30 days before the exotic ruminant is moved.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06; CR 11-048: am. (2) Register July 2012 No. 679, eff. 8-1-12.

 


ATCP 10.83 Ratites; imports.

No person may import a ratite into this state unless both the following apply:

(1) The person holds an import permit under s. ATCP 10.07 (2).

(2) The ratite is accompanied by a valid certificate of veterinary inspection. A certificate of veterinary inspection is not required if the ratite is imported directly from a federal quarantine facility.

Note: The department recommends, but does not require, that every ratite imported into Wisconsin be isolated on the recipient's premises for at least 14 days, and that the bird be tested for avian influenza before being allowed to commingle with other ratites or poultry.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.

 


ATCP 10.84 Wild animal imports.

(1) Import requirements; general. (a) Except as provided in par. (b), no person may import a wild animal to this state unless all of the following apply:

1. The person holds an import permit under s. ATCP 10.07 (2) for that import.

2. The animal is accompanied by a valid certificate of veterinary inspection.

(b) Paragraph (a) does not apply to any of the following:

1. An invertebrate imported in compliance with ss. 94.01 and 94.03, Stats., and ch. ATCP 21.

2. A domestic animal identified in s. ATCP 10.02.

Note: Domestic animals are subject to other import regulations under this chapter.

(2) Harmful wild animals. The department may not issue a permit under s. ATCP 10.07 (2) for a wild animal import requiring department of natural resources authorization under s. 169.11 (1) (c), Stats., unless the department of natural resources has given that authorization.

(3) Imports prohibited. Except as provided in sub. (4), no person may import any of the following animals to this state:

(a) Prairie dogs.

(b) Any of the following rodents from Africa:

1. Tree squirrels.

2. Rope squirrels.

3. Dormice.

4. Gambian giant pouched rat.

5. Brush-tailed porcupine.

6. Striped mice.

(4) Exemptions. The department may issue an import permit under s. ATCP 10.07 (2) for an animal identified in sub. (3) if all of the following apply:

(a) The department complies with sub. (2).

(b) One of the following applies:

1. The animal is imported directly to an institution accredited by the American association of zoological parks and aquariums, or to a wildlife exhibition licensed by USDA.

2. The animal is imported directly to a research facility that, in the department's judgment, is a bona fide research facility.

3. The animal is imported directly to a veterinary facility for treatment, provided that the animal is returned to its place of origin immediately after treatment and there is no change of ownership while the animal is in this state.

4. The animal is returning directly to this state following veterinary treatment in another state, provided there was no change of ownership while the animal was outside this state.

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.

 

ATCP 10.85 Llama, alpaca, and guanaco imports.

No person may import a llama, alpaca, or guanaco into this state unless the llama, alpaca, or guanaco is accompanied by a valid certificate of veterinary inspection. The certificate shall include the official individual identification of the llama, alpaca, or guanaco.

History: CR 07-107: cr. Register November 2008 No. 635, eff. 12-1-08; CR 11-048: am. Register July 2012 No. 679, eff. 8-1-12.


 



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