Section 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: 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.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 10.07
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; CR 13-058: am. (2) (a), cr. (2m) Register March 2014 No. 699, eff. 6-1-14; correction in (1) (b) made under s. 35.17, Stats., Register March 2014 No. 699.Amended by, CR 15-092: am. (4) (title), (a) (intro.), 3., cr. (4) (am), am. (4) (b), (c) (intro.), (d) Register July 2016 No. 727, eff. 10/1/2016Amended by, CR 18-085: am. (4) (a) 1., cr. (4) (a) 5., (bn), (5) Register May 2020 No. 773, eff. 6-1-20; correction in (5) (a), (b), (c) 2. a. made under s. 35.17, Register May 2020 No. 773, eff. 6/1/2020