Section ATCP 12.02 - Animal markets(1) LICENSE REQUIRED. Except as provided in sub. (1m), no person may operate an animal market without an annual license from the department. A separate license is required for each animal market. The license shall bear the livestock premises code issued under s. ATCP 17.02(7) for the animal market. An annual license expires on June 30. A license is not transferable between persons or animal markets.(1m) LICENSE EXEMPTIONS. No license is required under sub. (1) for an occasional sale by a farm operator who buys or exchanges livestock solely for dairy, breeding, or feeding operations on that farm, or who sells only livestock produced or raised on that farm, or auction sale, conducted at a state, county, or district fair, or sponsored by a livestock breeder association or a youth agricultural organization, if records of the transactions at the sale are maintained by any of the following: (a) An auctioneer registered under ch. 480, Stats.(b) An animal dealer licensed under s. ATCP 12.03.(2) LICENSE CLASSIFICATION. (a) A person may apply for a Class A, Class B, or Class E animal market license.(b) At a class A animal market, an operator may conduct livestock and wild animal sales and auctions on any number of days during the license year.(c) At a class B animal market, an operator may conduct livestock sales on any number of days during the license year but may hold livestock auctions on no more than 4 days during the license year. An operator may not conduct any wild animal sales at a class B animal market.(d) At a class E animal market, an operator may conduct sales of equine animals on any number of days during the license year. An operator may not conduct sales of any other livestock or any wild animals at a class E animal market.(3) APPLYING FOR A LICENSE. A person shall apply for a license under sub. (1) on a form provided by the department. The application shall include all the following: (a) The person's legal name, and any trade names under which the person does business as an animal market operator.(b) The address of each animal market for which the person seeks a license.(c) The types of animals traded, bought, sold, or swapped at each animal market for which the person seeks a license.(d) The class of license under sub. (2) that the person seeks for each animal market.(e) An annual registration application, under s. ATCP 12.045(2), for each animal transport vehicle that the person operates. Note: An animal market operator must register animal transport vehicles under s. ATCP 12.045, regardless of whether the animal market operator needs an animal trucker license under s. ATCP 12.04. An animal market operator needs an animal trucker license if the animal market operator transports livestock or wild animals for others, for hire.
(f) The fees required under sub. (4) and, if applicable, ss. ATCP 12.04(4) and 12.045(3). (fm) Additional information, if any, required under s. ATCP 17.02(4) for purposes of livestock premises registration.(g) Other relevant information required by the department for licensing purposes. Note: A person may obtain an application form under sub. (3) by calling (608) 224-4889, 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
(4) LICENSE FEES. (a) A person shall pay the following nonrefundable annual fee for a license under sub. (1): 1. $420 for a class A license.2. $220 for a class B license.3. $280 for a class E license.(b) A person shall pay a license fee surcharge of $100 if the department determines that the person did any of the following within 365 days prior to submitting a license application under sub. (3):1. Operated an animal market without a license in violation of sub. (1).2. Violated sub. (2) (c) or (d).(c) If a person is required to pay a surcharge under par. (b), the person shall also pay any license fees that are due for the license year in which the animal market operator violated sub. (1) or (2) (c) or (d).(d) Payment of a surcharge under par. (b) or fees under par. (c) does not relieve an animal market operator of other civil or criminal liability that may result from a violation of sub. (1) or (2) (c) or (d), nor does it constitute evidence of a violation of sub. (1) or (2) (c) or (d).(6) ACTION ON LICENSE APPLICATION. (a) The department shall grant or deny a license application under sub. (3) within 30 business days after all of the following have occurred:1. The department receives a complete application under sub. (3).3. The department inspects the animal market, if an inspection is required under par. (b).(b) Before issuing a class A animal market license under sub. (2) (b) for premises that were not licensed during the preceding license year, the department shall inspect the animal market premises for compliance with this section. The department shall complete the inspection within 60 business days after the department receives a complete license application under sub. (3).(7) DENIAL, SUSPENSION, OR REVOCATION OF LICENSE. The department may deny, suspend, or revoke an animal market license for cause, pursuant to s. 93.06(7), Stats. Cause may include any of the following: (a) Violation of ch. 95, Stats., ch. ATCP 10, or this chapter.(b) Violation of any lawful order of the department.(c) Violation of any provision of ch. 951, Stats., prohibiting crimes against animals.(d) Preventing a department employee from performing his or her official duties, or interfering with the lawful performance of those duties.(e) Physically assaulting a department employee while the employee is performing his or her official duties.(f) Improper or unauthorized use of any official tag, brand, or tattoo.(g) Refusal or failure, without just cause, to produce required records or respond to a department subpoena.(h) Payment of an application fee with a worthless check.(i) Violation of 9 CFR Part 201, relating to registration or bonding requirements of the packers and stockyards.(8) ANIMAL MARKET OPERATOR; RESPONSIBILITIES. An animal market operator shall do all of the following:(a) Comply with the construction requirements under sub. (9).(b) Maintain the animal market premises in a clean and sanitary condition. The operator shall keep barns, pens, alleys, and other animal holding areas in good repair, and shall disinfect the premises as needed and when ordered by the department.(c) Provide adequate food, water, shelter, bedding, and pen space for all animals held more than 12 hours.(d) Identify animals in compliance with s. ATCP 12.05.(e) Keep records in compliance with s. ATCP 12.06.(f) Handle downer animals in a humane manner as required by s. ATCP 12.07.(g) Remove market animals from the animal market within 4 days after they enter the market, except as provided in sub. (10). The animal market operator shall remove market bovine calves less than 12 weeks old from the animal market within 24 hours after the calves are sold.(h) Comply with s. ATCP 12.045, related to animal transport vehicles.(i) Refrain from commingling animals of different species in the same enclosure.(j) Transport and handle animals in a safe and humane manner.(k) Clearly separate market animals from any other livestock on the premises.(l) Comply with 9 CFR Part 86 when moving cattle interstate or releasing cattle for interstate movement.(m) Notify potential buyers of any swine that test positive for porcine reproductive and respiratory syndrome or the porcine epidemic diarrhea virus before those swine are presented for sale at the market.(9) CONSTRUCTION REQUIREMENTS.(a) Class A and Class E animal markets shall meet the following construction requirements: 1. Floors of all animal holding areas shall be sloped for proper drainage.2. All animal contact areas shall be constructed so that they can be easily cleaned and sanitized. Earthen floors are not permitted, except in areas used only for species or individual animals that require earthen floors to prevent injury.3. Animal contact areas shall be constructed so that there are no sharp edges or protrusions that can injure animals.4. The animal market shall be equipped with an animal chute and head gate, which shall be adequate to restrain animals without injury. This requirement does not apply to an animal market used exclusively to sell equine animals or wild animals.5. An animal market used for equine animals shall be equipped to restrain equine animals in a safe and humane manner.6. An animal market used for wild animals shall be equipped with cages or pens that can confine the wild animals without injury in a safe and humane manner.7. Livestock chutes, stocks, cages, and pens shall be adequately lighted to permit identification and testing of animals.8. The animal market shall have pens that are adequate to confine all animals kept at the market.(b) Class B animal markets shall meet the following construction requirements: 1. The animal market shall be equipped to restrain animals safely and effectively.2. The animal market shall have adequate lighting for animal identification and testing.3. Pens, if any, shall be large enough for the purpose used. The pens shall have no sharp edges or protrusions that could injure the animals.(9m) REINSPECTION. (a) The department may charge, to the holder of a license under this section, a reinspection fee of $150 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter, or ch. 95, Stats., noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter.(b) A reinspection fee under par. (a) is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal market operator.(10) DISEASE TESTING PRIOR TO MOVEMENT FROM THE MARKET. If ch. ATCP 10 requires disease testing of an animal before the animal is moved from an animal market, the market operator shall keep that animal at the market premises until the results of the test are known.(11) PROHIBITIONS. An animal market operator may not:(a) Commingle animals of different species within the same vehicle or enclosure.(b) Accept delivery of livestock or wild animals from an unlicensed animal trucker or animal dealer, if the operator knows or has reason to know that the animal trucker or animal dealer is unlicensed.(c) Deliver livestock or wild animals to an unlicensed animal trucker for transport or animal dealer, if the operator knows or has reason to know that the animal trucker or animal dealer is unlicensed.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 12.02
Cr. Register, December, 1990, No. 420, eff. 1-1-91; r. and recr. (1), (2) and (5), cr. (2m), (2r), (2w), (4) (h), am. (3) (g), (4) (b), (d), Register, March, 1995, No. 471, eff. 4-1-95; am. (2m) (a) and (b), Register, May, 1999, No. 521, eff. 6-1-99; r. (2) (e), (f) and (2r) (c), am. (2m) (a) 2. and (2r) (b), Register, November, 2000, No. 539, eff. 12-1-00; CR 03-121: r. and recr. Register September 2004 No. 585, eff. 10-1-04; CR 04-103: am. (1), cr. (3) (fm) Register September 2005, No. 597, eff. 10-1-05; CR 06-009: am. (4) (a) (intro.), (c), (7) (a) and (10) Register September 2006 No. 609, eff. 10-1-06; CR 07-061: am. (4) (a) 1. to 3. Register June 2008 No. 630, eff. 7-1-09; CR 07-107: am. (1), r. (5), cr. (8) (j) Register November 2008 No. 635, eff. 12-1-08; r. (6) (a) 2. under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635; CR 11-048: am. (1), cr. (1m), am. (8) (b), (9) (a) 2., 5., 6., r. (9) (a) 9., (b) 4., cr. (9m), am. (11) (b) Register July 2012 No. 679, eff. 8-1-12; CR 13-058: am. (2) (b), (c) Register March 2014 No. 699, eff. 6-1-14; corrections in (4) (c), (d) made under s. 13.92(4) (b) 7, Stats., Register March 2014 No. 699.Amended by, CR 15-092: am. (1m) (intro.), (3) (c), (d), (f), cr. (7) (i) Register July 2016 No. 727, eff. 10/1/2016Amended by, CR 18-085: am. (8) (g), cr. (8) (k) to (m), am. (11) (c) Register May 2020 No. 773, eff. 6/1/2020