Section ATCP 10.26 - Swine pseudorabies; testing and control(1) WHO MAY COLLECT TEST SAMPLE. A person who collects a pseudorabies test sample, for purposes of this chapter or ch. ATCP 12, shall be one of the following: (a) An accredited veterinarian and, if the accredited veterinarian collects the test sample from swine in this state, a Wisconsin certified veterinarian.(b) An authorized employee or agent of the department or the federal bureau.(2) TEST PROCEDURE. A pseudorabies test shall comply with the pseudorabies national eradication standards. A laboratory approved by the department or the federal bureau shall conduct laboratory testing. 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 at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. 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
(3) REPORTING TEST RESULTS. A veterinarian who collects pseudorabies test samples from swine in this state shall report the test results to the department and the swine owner, according to s. ATCP 10.04(1).(4) SURVEILLANCE TESTING. The department may conduct a surveillance sampling program for pseudorabies. The program shall include systematic collection and testing of blood or tissue samples from Wisconsin swine. Samples may include blood samples routinely collected from slaughtered swine.(5) INVESTIGATION; HERD TESTING. Whenever the department detects pseudorabies in any surveillance sample under sub. (4), the department shall investigate to determine whether swine herds in Wisconsin have been exposed to pseudorabies. The investigation may include additional testing of potentially exposed herds.(6) QUARANTINE. (a) The department may quarantine swine whenever the department reasonably suspects that the swine may be infected with or exposed to pseudorabies. The department may quarantine all swine located on the premises. The quarantine shall comply with s. ATCP 10.91.(b) The department may release a quarantine under par. (a) if any of the following occur: 1. All of the breeding animals and a statistically significant number of the finishing animals in the quarantined herd test negative on 2 consecutive pseudorabies tests approved by the department and administered at least 30 days apart.2. All swine on the premises are slaughtered, and the premises are cleaned, disinfected, and kept free of swine for at least 30 days.3. The department determines that the herd is not infected, based upon survey testing and epidemiological information.(7) CONDEMNATION. (a) The department may summarily condemn and order the destruction of swine whenever the department finds that condemnation is necessary to prevent or reduce the spread of pseudorabies. Note: See s. 95.27, Stats. A herd owner may receive indemnities for condemned swine, to the extent provided by law.
(b) The state veterinarian may issue a condemnation order under par. (a) on behalf of the department. The order shall state the reason for the condemnation. Note: A herd owner may request a hearing on a condemnation order, pursuant to ch. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay the condemnation order.
(8) HERD PLAN. (a) A herd plan is an agreement, between the department and an owner of swine, for the eradication of pseudorabies. A herd plan shall comply with the pseudorabies national eradication standards, based on the state's current program stage for control of pseudorabies. 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 at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. 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
(b) An owner of swine may enter into a herd plan within 60 days after the department quarantines those swine. The department may extend the deadline date for good cause. If a herd owner fails to enter into a herd plan by the deadline date, the herd owner is no longer eligible for indemnities if the department condemns the swine under sub. (7).(c) A herd plan shall be designed to eradicate pseudorabies within 24 months after the herd plan is signed, or within 24 months after the department quarantines the herd, whichever occurs first. The department may extend the eradication deadline for good cause.(d) The department shall periodically review and document a herd owner's performance under a herd plan. If a herd owner fails or refuses to comply with a herd plan, the department may issue a notice revoking the herd owner's eligibility for indemnities on swine condemned under sub. (7). The state veterinarian may issue the notice on behalf of the department. Note: A herd owner may request a hearing on a notice under par. (d), pursuant to ch. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay the condemnation order.
(9) MOVEMENT OF QUARANTINED OR EXPOSED SWINE. (a) Swine that are infected with pseudorabies, or that are part of a herd quarantined for pseudorabies, shall be held separate and apart from all other swine until slaughtered. Swine that come in contact with infected swine, or with swine from a quarantined herd, are considered exposed swine.(b) No quarantined swine or exposed swine may be moved, except as authorized by the department in a permit under s. ATCP 10.08(3).(c) Whenever the department authorizes the movement of swine quarantined for pseudorabies, the department shall take reasonable steps to notify other herd owners who may be adversely affected by the movement. The department shall, if practicable, issue a written notice to the other herd owners at least 10 days before the swine are moved.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 10.26
CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.Amended by, CR 18-085: am. (4) Register May 2020 No. 773, eff. 6/1/2020