Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 10.07 - Animal imports
(1) GENERAL.
(a) Persons importing animals to this state
shall 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, or 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) Except as authorized under sub. (2m), 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).
(2m) BLANKET IMPORT PERMIT.
(a) In this subsection, "seller" means the
owner of the animal being sold or the market location at which the animal is
being sold, as applicable.
(b)
Notwithstanding sub. (2), a blanket import permit may be issued to an
accredited veterinarian or a Wisconsin importer if an import permit cannot be
properly obtained under sub. (2) for any of the following reasons:
1. A Wisconsin resident anticipates a
possible purchase of one or more animals at an out-of-state farm or sale at a
time the department is not open for business.
2. An accredited veterinarian at an
out-of-state animal sale anticipates possible purchases of one or more animals
by Wisconsin buyers at the sale at a time the department is not open for
business.
3. Other circumstances
approved by the department.
(c) A permit under par. (b) shall comply with
this subsection, 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.
(d) A blanket import permit application under
this subsection shall include all of the following:
1. For applicants who are veterinarians:
a. The date of the sale.
b. The veterinarian's name, trade name, if
applicable, address including city, state, and zip code, and telephone
number.
c. The seller's name, trade
name, if applicable, address including city, state, and zip code, telephone
number, and livestock premises code, if known.
2. For applicants who are Wisconsin
importers:
a. The approximate date of the
possible purchase or import.
b. The
importer's name, trade name, if applicable, address including city, state, and
zip code, and telephone number.
c.
The state from which a purchase may be made.
d. If known, the seller's name, trade name,
if applicable, address including city, state, and zip code, telephone number,
and livestock premises code.
3. For all applicants under this subsection,
any other relevant information required by the department.
(e) An applicant shall receive a general
import permit under sub. (2) or a blanket import permit under this subsection
prior to bringing an animal into Wisconsin.
(f) The department shall grant or deny a
permit under par. (b) within 30 days after the department received a complete
application. The department shall send notice of its action, provide an import
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.
(g) A
blanket import permit under this subsection expires 30 days after it is issued,
unless the department specifies a different expiration date on the import
permit.
(h) On the first business
day after the sale, the applicant shall submit all certificates of veterinary
inspection of Wisconsin-bound animals to the department or shall notify the
department that no animals from the sale will be entering Wisconsin under the
blanket permit issued for that sale date.
Note: An applicant for a blanket import permit may apply for a permit or submit any information required for a permit in any of the following ways that best meet the established deadlines:
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
(i) The department shall keep, for at least 5
years, a record of every blanket permit issued under this subsection.
(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 MARKETING FACILITIES.
(a)
An animal market qualifies as a federally approved livestock marketing
facility, for purposes of this chapter, if all the following apply:
1. The animal market is licensed as a Class A
animal market 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
marketing facility under this chapter.
4. The animal market operates in compliance
with this section.
5. The animal
market is medically separated, meeting all of the following requirements:
a. Fencing and facilities are adequate to
maintain at least 30 feet of separation between the animal market and other
livestock facilities at all times.
b. Bio-security procedures, including
procedures to prevent the commingling of animal species, effectively prevent
disease transmission between animals.
c. The department finds that the medical
separation complies with this subdivision based on an inspection under s. ATCP 10.025. For each inspection under this subd. 5. c., the registrant shall pay
the fee required under s. ATCP 10.025.
(am) A federally approved livestock marketing
facility, under par. (a), may be a federally approved tagging site if that
facility has an agreement with the federal bureau under
9 CFR
86.1.
(b) Animals of a type identified in the
agreement under par. (a) 2. may be imported to the federally approved livestock
marketing facility without meeting import requirements under this chapter,
provided that the animals are imported in compliance with 9 CFR parts 71, 78,
79, and 85, and the agreement under par. (a) 2.
(bn) Animals imported to a federally approved
livestock marketing facility shall be tested for diseases specified under this
chapter prior to import.
(c) An
operator of a federally approved livestock marketing facility 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 marketing facility 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.
(5) INTERMEDIATE LIVESTOCK HANDLING FACILITY
CERTIFICATION; FACILITY APPROVAL; MOVEMENT PERMIT.
(a)
Definition. In this
subsection, "shipment" means one or more truckloads of animals from the same
source premises that are transported on the same day for delivery to the same
intermediate handling facility prior to slaughter.
(b)
Facility certification
required. The department may issue a certificate designating a
facility as an approved intermediate livestock handling facility for purposes
of this section. A certificate expires June 30 annually. No facility may be
certified as an intermediate livestock handling facility unless the operator of
the facility holds an agreement with the federal bureau for a livestock
facility at that location for handling livestock in interstate commerce
pursuant to 9 CFR parts 71, 75, 78, 79, and 85 (January 2011).
(c)
Facility certification
application.
1. To obtain
certification as an intermediate livestock handling facility, a facility
operator shall submit an application on a form provided by the
department.
2. The application
shall identify all of the following information relating to the facility to be
approved:
a. The location of the facility by
street address and county or, if the address is not available, by county, town,
and section.
b. A copy of the
agreement with the federal bureau under par. (b).
c. The species of livestock that the facility
will be handling.
d. The premises
code of the facility required under ch. ATCP 17.
e. Any other relevant information required by
the department.
3. The
application shall include a nonrefundable fee of $140. The department shall
grant or deny an application within 60 days after a complete application is
filed with the department. The department may conduct any inspections it deems
necessary.
Note: A person may obtain an intermediate livestock handling facility application form by calling (608) 224-4872, 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
(d)
Denying, suspending or revoking a
certificate. The department may deny, suspend, or revoke a certificate
under this subsection for cause, including any of the following:
1. Filing an incomplete or fraudulent
application, or misrepresenting any information on an application.
2. Violating ch. 95, Stats., or this
chapter.
3. Violating the terms of
the certificate.
(e)
Conditional certificate. The department may issue a
certificate under this subsection on a conditional basis, contingent upon
pertinent circumstances or acts. If a certificate is conditioned upon
compliance with specific requirements within a specific time period, and the
certificate holder fails to comply with those requirements within that time
period, the certificate is void.
(f)
Facility requirements. A
certified intermediate livestock handling facility may accept shipment of and
handle only one species of livestock at the facility and shall meet all of the
following requirements:
1. Animals may not be
held more than 7 days at the facility and ownership of the animals may not be
transferred by the operator during that 7 days.
2. Animals transported in vehicles closed
with official seals may not enter the facility.
3. Animals may not enter the facility except
pursuant to a movement permit issued under par. (h).
4. Animals may not be released from the
facility except pursuant to the movement permit issued under par. (h) and may
only be released directly to slaughter at the original slaughter destination
facility listed in the movement permit.
5. Each shipment of animals shall be kept
separated, in pens, from other shipments of any animals while in the
intermediate livestock handling facility. No animals may be added to a pen
holding animals from a separate shipment delivered to the facility under a
separate movement permit.
6. The
certified intermediate livestock handling facility premises may not house any
other livestock at the facility except for livestock approved in the
application under par. (c) 2. c.
7.
Serviceable cleaning and disinfecting equipment shall be furnished, maintained,
and used as necessary in the facility.
8. A sign shall be posted at all facility
entrances and exits stating: "All animals entering this facility are only
released directly to slaughter."
9.
The operator of a certified intermediate livestock handling facility shall keep
complete and accurate records of all animals entering and leaving the facility
organized by movement permit number. The operator shall retain the records for
at least 5 years after the animals leave the facility, and shall make the
records available for inspection and copying by the department or the federal
bureau upon request. Records shall include all of the following:
a. A record of each animal shipment received,
including the date of receipt, the number of animals in the shipment, the name
and address of the shipper, the name and address from which the shipment
originated, any official individual identification of any animal in the
shipment, any documents related to any animal in the shipment, and the movement
permit number issued under par. (h).
b. A record of each animal leaving the
facility, including the date the animal left, the number of animals included in
the truckload, the name and address of the shipper, the name and address of the
person receiving the animals, any official individual identification of any
animal in the truckload, and the movement permit number issued under par.
(h).
c. A record of any animal that
died in the facility, including the date of death, any official individual
identification on the animal that died, any document related to the animal that
died including necropsy or test result reports, the movement permit number
under which the animal entered the facility, and the final disposition of the
carcass.
(g)
Movement permit. No person may move animals into or out of a
certified intermediate livestock handling facility except pursuant to a
movement permit from the department under par. (h).
(h)
Movement permit
application. To obtain a movement permit, a facility operator shall
submit an application on a form provided by the department. The application
shall be submitted to the department before any animals listed in the permit
application are delivered to the facility. The application shall include the
name and street address of the certified intermediate livestock handling
facility accepting delivery of the animal shipment, the breed and quantity of
animals in the shipment, the name and street address of the origin of the
shipment, the name and street address of the slaughtering establishment
destination for the shipment, and the name and address of the shipper. The
operator of the facility may make the application by fax or email. The permit
shall be evidenced by a unique movement permit number. The department may issue
the movement permit number in paper, verbal, or electronic form. The movement
permit number shall be recorded on the movement permit by the department or the
facility operator, as applicable.
Notes
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