Section ATCP 10.40 - Poultry and farm-raised game birds; requirements for birds and eggs exhibited at fairs or poultry shows(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 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: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 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).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. 10/1/2016Amended 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. 6/1/2020Amended by, correction in (2) (a) 4. (Note), (3) (a) 5. (Note) made under s. 35.17, Stats., Register June 24 No. 822, eff. 7/1/2024.For example, a "youth agricultural leader" might include a county fair superintendent or poultry exhibit coordinator.