(1) BIRDS AND EGGS
EXHIBITED AT FAIRS OR POULTRY SHOWS. No person may exhibit poultry or
farm-raised game birds or their eggs at a fair or poultry show, unless one of
the following applies:
(a) Documentation that
the birds or eggs currently reside in a flock that is enrolled in the national
poultry improvement plan under s.
ATCP
10.41.
(b)
Documentation that the birds or eggs currently reside in a flock that qualifies
as an affiliate flock under the national poultry improvement plan.
(c) Documentation that the birds or eggs
currently reside in a flock that documents that it is a Wisconsin tested flock
under sub. (2) or a Wisconsin associate flock under sub. (3).
(d)
1.
Documentation that individual birds tested negative for pullorum, fowl typhoid
and, in the case of turkeys, Mycoplasma gallisepticum, within the preceding 90
days, and there has been no change of ownership of any birds since the
completion of testing. Testing for purposes of a fair or poultry show shall be
completed before the birds arrive at the fair or poultry show.
2. Only sexually mature birds may be
individually tested under this paragraph. A sexually mature bird is over 4
months old except that, in the case of turkeys, it is a bird over 6 months old.
Eggs and sexually immature birds may not be tested under this
paragraph.
(e) The birds
or eggs are pigeons or pigeon eggs.
(2) WISCONSIN TESTED FLOCK.
(a) The owner of a flock of poultry or
farm-raised game birds shall document that the flock is a Wisconsin tested
flock by completing a form provided by the department. The form shall include
all of the following:
1. The legal name and
address of the flock owner.
2. The
address and livestock premises code of the flock premises.
3. The approximate size of the flock, and the
type of birds included in the flock.
4. Disease testing information under par.
(c).
Note: A flock owner may request a Wisconsin
tested flock form by calling (608) 224-4877, by visiting the department website
at http://datcp.wi.gov, 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
(b) The Wisconsin tested flock form under
par. (a) shall be valid one year from the date that tests were conducted under
par. (c).
(c) A Wisconsin tested
flock form under par. (a) shall include proof that all sexually mature birds in
the flock have tested negative as specified under sub. (4) for all of the
following:
1. Pullorum.
2. Fowl typhoid.
3. Mycoplasma gallisepticum, in the case of
turkeys.
(d) For purposes
of par. (c), a sexually mature bird is a bird over 4 months old except that, in
the case of turkeys, it is a bird over 6 months old.
(3) WISCONSIN ASSOCIATE FLOCK.
(a) The owner of a flock of poultry or
farm-raised game birds shall document that the flock is a Wisconsin associate
flock by completing a form provided by the department. The form shall include
all of the following:
1. The legal name and
address of the flock owner.
2. The
address and livestock premises code of the flock premises.
3. The number and type of birds in the
flock.
4. An invoice or other
documentation showing that all of the birds or bird eggs in the flock were
acquired directly from a flock enrolled under sub. (2) or (3) or s.
ATCP
10.41.
5.
A statement certifying that the flock owner keeps no other poultry or
farm-raised game birds on the flock premises.
Note: A flock owner may request an enrollment
application form by calling (608) 224-4877, by visiting the department website
at http://datcp.wi.gov, 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
(b) The Wisconsin associate flock form under
par. (a) is valid as long as all birds or eggs introduced to the flock were
acquired directly from a flock under this subsection, sub. (2), or s.
ATCP
10.41.
(4) DISEASE TESTING. Disease testing, for
purposes of this section and s.
ATCP
10.41, shall comply with all of the following
standards:
(a) Blood samples for testing
shall be drawn by one of the following:
1. An
individual who has completed sample collection training, provided by the
department, within 5 years prior to collecting the blood samples. The
department shall charge a $25 training fee.
2. An individual approved by the federal
bureau or by the state in which the blood samples are drawn, if the blood
samples are drawn in another state pursuant to the national poultry improvement
plan.
(b) Except as
provided in par. (c):
1. An individual who
draws blood samples for testing shall identify each bird with official
individual identification, or with another identification number that uniquely
identifies that bird.
2. An
individual who draws blood samples for laboratory testing shall label each
blood sample with the identification number of the bird from which it was
drawn.
(c) Paragraph (b)
does not apply to a whole flock test of poultry or farm-raised game
birds.
(e) Sample collection,
on-site test methods, and laboratory test methods shall comply with standards
specified in the national poultry improvement plan. Laboratory tests shall be
conducted by a laboratory approved by the department, the federal bureau, or
another state under the national poultry improvement plan.
Note: See disease reporting requirements under
s.
ATCP
10.03.
(6) COMMINGLING.
(c) Birds belonging to a flock enrolled under
sub. (2) or (3) or s.
ATCP
10.41 may not be commingled with any birds that are
not part of the flock, except at shows and exhibitions where all birds have
tested negative for pullorum, fowl typhoid, and, in the case of turkeys,
Mycoplasma gallisepticum.
(d) Birds
do not qualify under sub. (1) (d) if they have been commingled with birds from
another flock or source, except at shows and exhibitions where all birds have
tested negative for pullorum, fowl typhoid and, in the case of turkeys,
Mycoplasma gallisepticum.
(7) POULTRY SALES.
(a) A person who sells poultry or eggs from
flocks under sub. (2) or (3) or s.
ATCP
10.41, shall do all of the following:
1. Fill out, retain for at least 3 years, and
make available to the department for inspection and copying upon request, a
copy of the sale information on a form provided by the department.
2. Provide, to the buyer, a copy of the
current Wisconsin tested flock form under sub. (2), Wisconsin associate flock
form under sub. (3), or flock enrollment certificate under s.
ATCP
10.41.
(b) A person who sells poultry meeting the
criteria under sub. (1) (d) shall do all of the following:
1. Fill out, retain for at least 3 years, and
make available to the department for inspection and copying upon request, a
copy of the sale information on a form provided by the department.
2. Document, to the buyer, that the poultry
comply with sub. (1) (d).
Notes
Wis. Admin.
Code Department of Agriculture, Trade and Consumer
Protection
§
ATCP
10.40
CR 06-009: cr.
Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (4) (a) 1.
Register June 2008 No. 630, eff. 7-1-09; CR 07-107: am. (1) (d) 1., (4) (b) 1.,
(6) (c) and (d) Register November 2008 No. 635, eff. 12-1-08; correction in (6)
(c) made under s.
13.92(4)
(b) 7, Stats., Register November 2008 No.
635; CR 11-048: am. (3) (b) 4., (4) (a) 1. Register July 2012 No. 679, eff.
8-1-12; CR 13-058: am. (1) (intro.), r. (6) (a), (b) Register March 2014 No.
699, eff. 6-1-14.
Amended
by, CR 15-092: am. (1) (intro.)
Register
July 2016 No. 727, eff.
10/1/2016
Amended by,
CR 18-085: am. (1) (intro.), (title), (a), r. (1) (a) 1., 2., am. (1) (b), (c),
r. (1) (d) (intro.), am. (1) (d) 1., r. and recr. (1) (d) 2., (g), consol. (2)
(a), (b) (intro.) and renum. (2) (a) (intro.) and am., cr. (2) (b), am. (2) (c)
(intro.), r. (2) (e), consol. (3) (a), (b) and renum. (3) (a) (intro.) and am.,
cr. (3) (b), r. (3) (c), (4) (b) 3., (d), (5), am. (7) (a), (b) (intro.), 1.,
r. (8) Register May 2020 No. 773, eff. 6-1-20; renum. (1) (a) (intro.), (2) (b)
1. to 4., (3) (b) 1. to 5. to (1) (a), (2) (a) 1. to 4., (3) (a) 1. to 5. under
s. 13.92(4) (b) 1., Stats., correction in (4) (b) (intro.) made under s.
13.92(4) (b) 7., Stats., and correction in (3) (b), (7) (a) (intro.) made under
s. 35.17, Stats.,
Register
May 2020 No. 773, eff. 6/1/2020
For example, a "youth agricultural leader" might include
a county fair superintendent or poultry exhibit
coordinator.