Healthy soil and sustainable growing

["TradingPostPaul" <tradingpost@riseup.net>]

Greetings,

Below you will find the official public hearing notice from DATCP about
their proposal for the next implementation phase of the federal National
Animal Identification System (NAIS) in Wisconsin.   We strongly encourage
you to participate in these hearings if you can and to spread the word to
others who will be affected by this draconian state surveillance program
that is unprecedented - at least in U.S. history.

If you can not attend in person, you can also submit written comments to
DATCP.  Better yet is to contact your elected officials, write a letter to
your local paper, call into talk show radio, and otherwise publicly express
your opposition to this program.  Based upon our experience organizing
farmers and their allies, if even one person speaks up there are about a
dozen others who feel the same and then find the courage to add their
voice, too.

DATCP's Hearing Dates and Locations:

Monday, January 7, 2008
6:00 p.m. to 7:00 p.m.
Fox Valley Technical College
1825 N. Bluemound Drive, Room A160
Appleton, WI 54912

Tuesday, January 8, 2008
6:00 p.m. to 7:00 p.m.
Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive, First Floor – Room 106 (Boardroom)
Madison, Wisconsin  53718

Thursday January 10, 2008
6:00 p.m. to 7:00 p.m.
Department of Natural Resources West Central Region Headquarters
1300 W. Clairemont Avenue – Room 158
Eau Claire, WI 54701

As many of you may know, Wisconsin has become a national battleground state
on NAIS.  DATCP and its partner WLIC (which actually administers the
program as a private subcontractor) have received millions in taxpayer
funding to bring this program into existence, and now many bureaucratic
jobs and corporate contracts depend upon its implementation.  When over 10%
of WI dairy farmers refused to voluntarily register their premises, the
state was unable to make good on their threat to pull milk licenses since
the state's economy could not afford to criminalize so many productive
farmers overnight.

Nonetheless, DATCP is now denying milk licenses to new dairy farmers,
including many Amish who strongly oppose NAIS for religious reasons, even
though grass-based Amish dairy operations are one of the fastest growing
segments of the entire industry.  The proposed rule change would also allow
the state to register farmers against their will and without their
knowledge.  Worse yet, we know that DATCP/WLIC intend to move towards
mandatory RFID chipping, phase two of the federal NAIS program, despite
recent scientific studies revealing that RFID chips cause cancer, and thus
pose a health threat to both livestock and people.   A farmer in MI
recently had sheriff deputies under state orders enter his land to place
RFID chips in his cattle against his will.  And then there is the
disturbing story of the Faillace family in VT, documented in the book "Mad
Sheep," where a USDA led SWAT team invaded their farm to seize and destroy
all of their animals wrongly suspected of harboring som
e prion type disease.

Family Farm Defenders has been an outspoken critic of NAIS for years now,
and recently helped form an organization  called Free Wisconsin Pastures
with the purpose of filing a lawsuit against DATCP/WLIC/USDA if necessary
to stop this absurd program from destroying the future of farming in our
state.

For more info on this effort, please visit our website:
www.familyfarmdefenders.org   and look under NAIS

Of course, we would rather NOT have to take this issue to court, which is
why it is so paramount that family farmers and others concerned about the
future of agriculture in WI exercise their democratic freedom to express
their opinion and let our elected officials and DATCP bureaucrats know that
NAIS is not acceptable in any form.

Please pass this information along to others and thank you for your
support.

- John Peck
executive director
Family Farm Defenders
1019 Williamson St. #B
Madison, WI 53703
tel./fax 608-260-0900

*******************

State of Wisconsin
Department of Agriculture, Trade, and Consumer Protection

NOTICE OF HEARING

Rule Related to Animal Health and Disease Control

The state of Wisconsin Department of Agriculture, Trade and Consumer
Protection (DATCP) announces that it will hold public hearings on a
proposed amendment to chapter ATCP 10, 12, and 17, Wis. Adm. Code, relating
to animal health and disease control.

DATCP will hold three public hearings at the times and places shown below.
DATCP invites the public to attend the hearings and comment on the proposed
rule.  Following the public hearings, the hearing record will remain open
until Thursday, January 25 for additional written comments.  Comments may
be sent to the Division of Animal Health at the address below, by email to
Melissa.mace@wi.gov or online at
https://apps4.dhfs.state.wi.us/admrules/public/Home

You may obtain a free copy of this rule by contacting the Wisconsin
Department of Agriculture, Trade and Consumer Protection, Division of
Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708.
You can also obtain a copy by calling (608) 224-4883 or emailing
Melissa.mace@wi.gov.  Copies will also be available at the hearings.  To
view the proposed rule online, go to:

https://apps4.dhfs.state.wi.us/admrules/public/Home

To provide comments or concerns relating to small business, please contact
DATCP’s small business regulatory coordinator Keeley Moll at the address
above, by emailing to Keeley.Moll@datcp.state.wi.us or by telephone at
(608) 224-5039.

Hearing impaired persons may request an interpreter for these hearings.
Please make reservations for a hearing interpreter by December 19, 2007, by
writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison,
WI 53708-8911, telephone (608) 224-4883.  Alternatively, you may contact
the DATCP TDD at (608) 224-5058.  Handicap access is available at the
hearings.

Hearing Dates and Locations:

Monday, January 7, 2008
6:00 p.m. to 7:00 p.m.
Fox Valley Technical College
1825 N. Bluemound Drive, Room A160
Appleton, WI 54912

Tuesday, January 8, 2008
6:00 p.m. to 7:00 p.m.
Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive, First Floor – Room 106 (Boardroom)
Madison, Wisconsin  53718

Thursday January 10, 2008
6:00 p.m. to 7:00 p.m.
Department of Natural Resources West Central Region Headquarters
1300 W. Clairemont Avenue – Room 158
Eau Claire, WI 54701

Analysis Prepared by the Department of Agriculture,
Trade and Consumer Protection

This rule modifies Wisconsin animal health and disease control rules.
Among other things, this rule:

·       Establishes new rules related to viral hemorrhagic septicemia (VHS) in
fish, and simplifies registration of fish farms.  DATCP has adopted
temporary emergency VHS rules, which this rule would make “permanent.”

·       Modifies current rules related to farm-raised deer, including rules
related to herd registration, disease control, imports, movement and
condemnation.  Changes are consistent with proposed federal rules.

·       Modifies current rules related to cattle, including rules related to
voluntary Johne’s disease testing and classification, tuberculosis import
testing, and imports of cattle originating from Mexico.

·       Modifies current rules related to poultry imports and enrollment in 
the
national poultry improvement program.

·       Modifies current rules related to animal markets, dealers and 
truckers.

·       Modifies current rules related to Wisconsin’s livestock premises
registration program.  This rule makes it easier to register, and extends
the current annual registration period to 3 years.

·       Clarifies current disease indemnity appraisal procedures.

·       Makes minor drafting changes to update, clarify and correct current
rules.


Statutory Authority

Statutory Authority: ss. 93.07(1) and (10), 95.18, 95.19(3), 95.197(2),
95.20, 95.22(2),  95.32(5), 95.38(3), 95.45(4)(c) and (5), 95.51(7),
95.55(6), 95.57(1), 95.60(3), (4)(c) and (4s), 95.65(2), 95.68(8), 95.69(8)
and 95.71(8), Stats.

Statute Interpreted:  s. 93.07(10), 95.18, 95.19, 95.197, 95.20, 95.22,
95.23, 95.32, 95.36, 95.38, 95.45, 95.51, 95.55, 95.57, 95.60, 95.65,
95.68, 95.69 and 95.71, Stats.

DATCP has broad general authority to adopt rules interpreting statutes
under its jurisdiction (see s.93.07(1), Stats.).  DATCP is specifically
authorized to adopt rules to protect the health of animals in this state,
and to prevent, control and eradicate communicable diseases among animals.


Rule Contents

The Wisconsin department of agriculture, trade and consumer protection
(DATCP) administers Wisconsin’s animal health and disease control
program.  This rule modifies current DATCP rules under chs. ATCP 10 (animal
diseases and movement), ATCP 12 (animal markets, dealers and truckers) and
ATCP 17 (livestock premises registration).

Fish

Fish Farm Registration

This rule allows a fish farm operator to register 2 or more fish farms
under a single annual registration certificate (under current rules, a
separate registration certificate is required for each fish farm).  A
single registration certificate may cover both type 1 and type 2 fish
farms.  The registration certificate must identify each fish farm location,
and must indicate whether that location is registered as a type 1 or type 2
fish farm.  As under current rules, the operator must pay annual fees based
on the number and types of fish farms registered (this rule does not change
current fees).

This rule clarifies that fish may be moved between type 2 fish farms
registered to the same operator, or from a type 2 to a type 1 fish farm
registered by the same operator, without a fish health certificate.  Under
this rule, as under current rules, the fish farm operator must keep
complete records of the fish movement.

VHS Test Reports

Under this rule, a veterinarian who tests fish in this state for viral
hemorrhagic septicemia (VHS) must report the test result to DATCP,
regardless of whether the test result is positive or negative.

VHS Testing Requirements

Current DATCP rules require health certificates for all of the following:

·       Fish and fish eggs (including bait) imported into the state.
·       Fish and fish eggs stocked into Wisconsin public waters.
·       Fish and fish eggs moved between Wisconsin fish farms.


Under current rules, import health certificates must include VHS testing if
the import shipment includes salmonids (salmon, trout, etc.) or originates
from a state or province where VHS is known to occur.  VHS testing is not
currently required for any of the following:

·       Fish or fish eggs stocked into Wisconsin public waters from Wisconsin
sources.
·       Bait fish or fish eggs originating from Wisconsin sources.
·       Fish or fish eggs moved between Wisconsin fish farms.
·       Non-salmonids imported from states (such as Minnesota) where VHS has
not yet been found.

This rule expands current VHS testing requirements.  Under this rule, a
fish health certificate and VHS testing are required for all of the
following fish and fish eggs if they are of a known VHS-susceptible species
identified by the United States department of agriculture (USDA) and were
either (1) collected from a wild source in any state within the preceding
12 months, or (2) kept on a fish farm that received fish or fish eggs of
any species collected from a wild source in any state within the preceding
12 months:

·       Fish or fish eggs stocked into Wisconsin public waters.

·       Fish or fish eggs moved between Wisconsin fish farms.

·       Fish or fish eggs distributed by a bait dealer for use as bait.  The
bait fish testing requirement will initially apply to emerald shiners (a
known VHS-susceptible species), but will not initially apply to other major
bait species such as fathead minnows, white suckers and golden shiners
(which are not yet known to be VHS-susceptible).  However, it could
eventually apply to other species if USDA finds that those species are also
VHS-susceptible.  A retail bait dealer is not required to conduct duplicate
tests on fish previously tested by a wholesale bait dealer.

This rule also prohibits any person from selling bait fish of any kind if
the seller has reason to know that the bait is affected with VHS or another
reportable disease.

Operators Moving Fish Between Their Own Fish Farms

This rule clarifies that VHS and other routine disease testing requirements
do not apply when operators (including DNR) are moving fish or fish eggs
between their own registered fish farms.  However, current DATCP rules
continue to prohibit such movement if the operator knows or has reason to
know that the fish or fish eggs are affected with a reportable disease such
as VHS.  DATCP may also issue quarantine and other disease control orders
to individual fish farm operators, as necessary.

Registrant Responsibility

This rule clarifies that a person who registers a fish farm is responsible
for ensuring that fish farm operations comply with DATCP rules.  However,
this rule does not relieve other persons of liability for rule violations
that they commit.

Farm-Raised Deer

Chronic Wasting Disease Test Reports

Under this rule, a veterinarian who tests a farm-raised deer in this state
for chronic wasting disease must report the test result to DATCP,
regardless of whether the test result is positive or negative.

Herd Registration; General

Under current rules, no person may keep farm-raised deer at any location in
this state unless DATCP has issued a current annual registration
certificate authorizing that person to keep farm-raised deer at that
location.  An annual registration certificate currently expires on December
31 of each year.  This rule changes the annual expiration date to March 15,
beginning with the first registration year beginning after the effective
date of this rule.

One Registered Herd Kept at 2 or More Locations

This rule clarifies that a person may keep farm-raised deer at 2 or more
locations identified in a single herd registration certificate, subject to
the following conditions:

·       All of the herd locations must be actively enrolled in Wisconsin’s
chronic wasting disease status program.

·       The registrant may move farm-raised deer between locations identified
in the herd registration certificate without a certificate of veterinary
inspection if all of the following apply:

§       Those farm-raised deer are identified with official individual
identification.
§       The registrant keeps a detailed record of the movement.

·       All farm-raised deer covered by the registration certificate will be
treated as members of a single herd, for purposes of disease control and
movement.

Two or More Registered Herds Kept at One Location

Under this rule, separately-registered farm-raised deer herds may be kept
at the same location (even if they are owned by different persons) subject
to the following conditions:

·       If the herds are “medically separated,” each herd is considered a
separate herd for purposes of disease control, movement, and enrollment in
Wisconsin’s chronic wasting disease status program.  Farm-raised deer
moved between any of the medically separated herds must be accompanied by a
certificate of veterinary inspection, and registrants must keep a detailed
record of each movement.

·       If the herds are not medically separated:

§       All of the farm-raised deer covered by the herd registrations are
collectively treated as a single herd for purposes of disease control and
movement, regardless of location or ownership, and regardless of whether
they are part of the same registered herd.

§       Farm-raised deer may be moved between any of the herd locations
identified on any of the herd registration certificates, without a
certificate of veterinary inspection, provided that they are identified
with official individual identification.  Registrants must keep detailed
records of the movements.

§       All of the herds, including all locations covered by the herd
registration certificates, must be actively enrolled in Wisconsin’s
chronic wasting disease status program.

·       Herds are “medically separated,” for purposes of this rule, if all
of the following apply:

§       They are separated by a double fence meeting Department of Natural
Resources (DNR) standards or, in the case of farm-raised deer other than
white-tailed deer, by a functionally equivalent barrier approved by DATCP.

§       Bio-security procedures effectively prevent disease transmission
between the herds.

§       The department inspects each shared herd location, and finds that the
herds are “medically separated.”  There is an inspection fee of $150
(no change from current rules).

Chronic Wasting Disease Tests

Under current rules, a farm-raised deer keeper must have a chronic wasting
disease test performed on every farm-raised deer at least 16 months old
that dies in captivity, or is killed or sent to slaughter (the test sample
must be sent to an approved laboratory within 10 days after it is
collected).  Under this rule, testing is required for deer at least 8
months old that meet the same criteria.  Under this rule, a test sample
must be collected within 10 days after the animal dies, or is killed or
slaughtered (or within 10 days after the death is first discovered).  Under
this rule as under the current rules, the test sample must be sent to an
approved laboratory within 10 days after it is collected.

Condemnation of Farm-Raised Deer

This rule clarifies current rules related to DATCP condemnation of diseased
or suspect farm-raised deer.  Under this rule, a condemnation order may do
all of the following:

·       Specify a reasonable deadline for destruction of the condemned 
animals.

·       Direct appropriate disease testing and disposition of the carcasses.

·       Require the herd owner or custodian to enter into a “premises plan”
as a condition to the payment of state indemnities.  The “premises
plan” may require the herd owner or custodian to clean and disinfect the
herd premises, limit future cervid movement to and from the premises, or
comply with other requirements that are reasonably designed to prevent the
spread of disease.  A “premises plan” may include a restrictive
covenant, such as a fence maintenance requirement, that is binding on
subsequent property owners for the duration of the agreement.

Under current rules, the owner of condemned farm-raised deer may apply for
state indemnity payments.  Under this rule, an application for indemnity
payments must include proof of compliance with DATCP’s condemnation
order.

Chronic Wasting Disease Herd Status Program; Annual Census

Under current rules, no person may move farm-raised deer from a herd in
this state unless the herd is enrolled in Wisconsin’s chronic wasting
disease herd status program.  Enrollees must, among other things, submit an
annual herd census to DATCP.  Among other things, an annual herd census
must report the number, species and sex of animals that have left the herd
since the last annual census, and how those animals left the herd.  Under
this rule, an annual herd census must also include:

·       A report of apparent escapes, including approximate escape dates and
circumstances, and steps taken to prevent recurring escapes.

·       An explanation and accounting for overall changes in herd population
since the last annual census.

·       Census verification by a Wisconsin certified veterinarian if required
by the department.

White-tailed Deer Herd; Fence Certificate

Under current law, fences for farm-raised white-tailed deer herds must be
approved by DNR, and must comply with DNR rules.  Under this rule, a person
applying for a DATCP registration certificate to keep white-tailed deer
must include, with the application, a copy of a valid DNR fence certificate
for each registered location.

Hunting Preserves

Under current law, a person operating a farm-raised deer hunting preserve
must hold a hunting preserve registration certificate from DATCP (a
certificate is valid for 10 years).  Current rules spell out hunting
preserve registration standards and application requirements.  Under this
rule, an application must also include all of the following:

·       An estimate of the farm-raised deer population on the hunting preserve
premises, by species, age and sex.

·       The identification numbers of any farm-raised deer on the hunting
preserve that bear identification numbers.

Under this rule, all non-natural additions to a hunting preserve must have
2 forms of official individual identification, one visible and one
implanted.

Disease-Free Certification of Farm-Raised Deer

Under current rules, DATCP may certify a herd of farm-raised deer as
brucellosis-free or tuberculosis-free, or both, based on herd test results
provided by the herd owner.  Participation is voluntary, but disease-free
herd certification facilitates the sale and movement of farm-raised deer.
Herd certification is generally governed by federal rules (uniform methods
and rules) that DATCP has incorporated by reference in its rules.

Under current federal rules, tuberculosis-free herd certification is good
for 3 years, while brucellosis-free herd certification is good for only 2
years.  USDA proposes to harmonize the certification terms, but has not yet
adopted the necessary rule changes.  USDA has authorized DATCP to harmonize
the terms by state rule.

This rule extends brucellosis-free herd certification from 2 years to 3
years (a herd owner may request a shorter term), consistent with
tuberculosis-free herd certification.  That will allow herd owners to
conduct simultaneous tests for both diseases.  Simultaneous testing will
reduce testing costs and limit stress on tested deer.

This rule also clarifies that DATCP may transfer a herd certification to
new herd owner, or grant equivalent certification status to a new herd
created from an existing certified herd, if the herd meets certification
standards and the owner applies for certification within 90 days.

Tuberculosis in Farm-Raised Deer

Under current rules, a farm-raised deer must be slaughtered within 15 days
if it is found to be a tuberculosis reactor, except that DATCP may extend
the slaughter deadline by up to 15 days.  Under this rule, DATCP may extend
the slaughter deadline by up to 30 days.

Importing Farm-Raised Deer

Farm-raised deer imported to this state must meet standards specified in
current rules.  Among other things, the imported animal must meet one of
several alternative requirements related to tuberculosis status.  This rule
modifies current import standards, based on current federal standards for
interstate movement.  This rule eliminates current requirements for
post-import testing.

Moving Farm-Raised Deer Within Wisconsin

Farm-raised deer moved between separately registered herds in this state
must meet standards specified in current rules.  Among other things, the
farm-raised deer must meet one of several alternative requirements related
to tuberculosis status.  Under one alternative, a farm-raised deer may
qualify for movement if it tests negative on 2 tuberculosis tests, where
the second test is performed within 360 days prior to movement.  Under this
rule, the second test must be conducted within 90 days prior to movement.

Under this rule, a farm-raised deer may not be moved between separately
registered herds in this state unless it has been enrolled in Wisconsin’s
chronic wasting disease status program for at least 5 years.  If the source
herd is located in a DNR wild deer chronic wasting disease eradication
zone, it must have been enclosed by a DATCP-approved double fence for at
least 5 years.

Cattle

Johne’s Disease Testing and Herd Classification

DATCP currently administers a voluntary herd testing and classification
program related to Johne’s disease in cattle.  Herd testing and
classification is conducted according to federal standards adopted by the
United States department of agriculture (USDA).  This rule incorporates the
latest version (2006) of the USDA standards.

Under current rules, Johne’s disease test samples must be collected by an
accredited veterinarian, by an individual working under direct supervision
of an accredited veterinarian who submits the sample for testing, or by an
authorized DATCP or USDA employee or agent.  Under this rule, a milk sample
for Johne’s disease testing may also be collected by a Dairy Herd
Improvement Association (DHIA) authorized technician.

Imported Cattle and Bison; TB Test Exemption

Current rules exempt imported bovine animals (cattle and bison) from the
requirement of a pre-import tuberculosis test if the animals originate from
a state that USDA has classified as “TB-free” if that state accepts
Wisconsin animals without a TB test.  Under this rule, the exemption does
not apply if the state of origin has a confirmed TB-positive herd, until
that herd is depopulated and all epidemiologically linked herds have tested
negative for TB.

Cattle and Bison from Mexico

Under this rule, no person may import an “M-branded” bovine animal
(cattle or bison) to this state, except directly to slaughter.
“M-branded” animals are animals branded with the letter “M” to
signify that they have been imported from Mexico.

Poultry

National Poultry Improvement Plan Enrollment

Under current rules, a poultry flock owner may enroll the flock in the
national poultry improvement program (DATCP administers the program in this
state).  Enrollment facilitates the sale and movement of poultry.  Under
this rule, a flock may not be enrolled in the program unless the flock
premises have been registered under Wisconsin’s livestock premises
registration program (the premises ID number must be included on the
enrollment application).

Poultry Imports

Under current rules, poultry may not be imported to Wisconsin unless they
are accompanied by a valid certificate of veterinary inspection that
certifies all of the following:

·       They originate from flocks enrolled in the national poultry 
improvement
plan.
·       They originate from flocks classified as “U.S. pullorum-typhoid
clean” and, in the case of turkeys and turkey eggs, “Mycoplasma
gallisepticum clean” under the national poultry improvement plan.

This rule changes current poultry import requirements.  Under this rule,
poultry may not be imported to Wisconsin unless they are accompanied by a
valid certificate of veterinary inspection that certifies at least one of
the following:

·       They originate from flocks enrolled in the national poultry 
improvement
plan.
·       They originate from flocks classified as “U.S. pullorum-typhoid
clean” and, in the case of turkeys and turkey eggs, “Mycoplasma
gallisepticum clean” under the national poultry improvement plan or under
an equivalent plan approved by DATCP.
·       All test eligible birds have tested negative for pullorum, fowl 
typhoid
and, in the case of turkeys, Mycoplasma gallisepticum within 90 days prior
to import.  Tested birds must bear official individual identification, and
there may be no change of ownership between the test sampling date and the
import date.

Llamas and Alpacas

Under this rule, a llama or alpaca imported to Wisconsin must be
accompanied by a certificate of veterinary inspection that includes the
official individual identification of the llama or alpaca.

Animal Markets

General

This rule does all of the following:

·       Eliminates the current requirement for animal market operators to pass
a test before being initially licensed by DATCP.

·       Requires animal market operators to transport and handle animals in a
safe and humane manner.

·       Clarifies animal transport vehicle registration requirements.

·       Requires animal market operators to record the official individual
identification of goats that bear official individual identification.

·       Requires animal market operators to record the livestock premises 
code,
if any, of each premises from which the operator receives or to which the
operator ships livestock.

Federally Approved Livestock Import Markets

Under current rules, certain livestock imported to a federally-approved
livestock import market in this state are exempt from Wisconsin import
requirements, provided that they meet those requirements before leaving the
market.  Under this rule, before the animals leave the market, the market
operator must also disclose the animals’ state of origin to the animal
purchaser.

Animal Dealers

This rule does all of the following:

·       Eliminates the current requirement for animal dealers to pass a test
before being initially licensed by DATCP.

·       Requires animal dealers to transport and handle animals in a safe and
humane manner.

·       Clarifies animal transport vehicle registration requirements.

·       Requires animal dealers to record the official individual
identification of goats.

·       Requires animal dealers to record the livestock premises code, if any,
of each premises from which the dealer receives or to which the dealer
ships livestock.


Animal Truckers

This rule does all of the following:

·       Eliminates the current requirement for animal truckers to pass a test
before being initially licensed by DATCP.

·       Eliminates the current license exemption for animal truckers that haul
animals for other persons fewer than 6 times per license year.

·       Requires animal truckers to transport and handle animals in a safe and
humane manner.

·       Clarifies animal transport vehicle registration requirements.

·       Requires animal truckers to record the livestock premises code, if 
any,
of each premises from which the trucker receives or to which the trucker
ships livestock.

Slaughter Establishments

Under current rules, no person may remove livestock from a slaughter
establishment after the animal has been weighed and purchased by the
slaughter establishment.  Under this rule, no person may remove livestock
after they have been off-loaded at the slaughter establishment.

Disease Indemnities

Under current law, DATCP may condemn and order the destruction of animals
to prevent the spread of serious diseases.  In some cases, the owner of the
diseased animals may be eligible for state indemnity payments.  Under this
rule, if the owner of a diseased animal is eligible for state indemnities,
and if the animal is of a type not frequently sold at public auction, DATCP
must appoint a knowledgeable independent appraiser to determine the value
of the animal.  The appraiser must determine appraised value based on the
animal’s size, species, sex, and grade or quality, and by relevant
information related to prevailing market prices for animals of that size,
species, sex, and grade or quality.

Prohibited Practices

This rule prohibits any person from selling, moving or disposing of an
animal before the result of a disease test of that animal is known, if that
disease test is required by law prior to the sale, movement or disposition.

Livestock Premises Registration

Registration Renewal Period

Under current law, a person keeping livestock in this state must register
each location where those livestock are kept.  “Livestock” includes
bovine animals, equine animals, goats, poultry, sheep, swine other than
wild hogs, farm-raised deer, captive game birds, camelids, ratites and
fish.  Under current DATCP rules, a person must renew a livestock premises
registration every year.  This rule extends the current renewal period.
Under this rule, a person will only be required to renew once every 3
years.

Who May Register

Under current rules, if person A feeds and cares for livestock owned by
person B, on premises owned by person C, any of those persons may register
the premises (the others need not).  However, if the premises are part of
an operation (such a dairy farm) that DATCP licenses under other applicable
law, current rules provide that only the license holder may register the
premises.  This rule eliminates that restriction, so that any eligible
person (including, but not limited to, the license holder) may register the
premises.  This rule retains a current rule provision which allows an
applicant for an initial license (such as an initial dairy farm license) to
register the livestock premises as part of that initial license
application.

DATCP May Register Premises if Operator Does Not

This rule authorizes DATCP to register livestock premises, or renew a
premises registration, on behalf of an operator that fails to do so.  For
example, DATCP could register livestock premises on behalf of operators who
may have religious objections to registering themselves.  Before DATCP
registers any premises on behalf of any person, DATCP must notify that
person of the person’s duty to register and of DATCP’s intent to
register on that person’s behalf.  Registration by DATCP does not relieve
the person of any penalties or liability that may apply as a result of the
person’s failure to register the livestock premises.

Other Changes

This rule makes a number of other minor drafting changes designed to
update, clarify and correct current rules.


Fiscal Impact

This rule will not have a significant state or local fiscal impact, except
that the fish health provisions of this rule will have the following impact
on DNR and DATCP (a complete fiscal estimate is attached):

Impact on DNR

This rule will have a fiscal impact on DNR fish hatchery and stocking
operations.  Under this rule, all VHS-susceptible fish and fish eggs
(including VHS-susceptible bait species) must be tested for VHS before
being stocked to Wisconsin public waters if they were either (1) collected
from a wild source within the preceding 12 months or (2) kept on a fish
farm that received fish or fish eggs of any species collected from a wild
source within the preceding 12 months.

DNR annually registers approximately 100 fish farms with DATCP.  Thirteen
of those fish farms are state-owned fish hatcheries.  The remainder are
registered by DNR but owned by private DNR “cooperators” (as
registrant, DNR assumes legal responsibility for compliance with fish
health rules).  DATCP estimates that DNR will need to conduct VHS tests on
a combined total of approximately 120 lots of fish per year (including fish
at state hatcheries and “cooperator” fish farms registered by DNR).

Assuming an average test cost of $500 per lot, the total cost to DNR would
be approximately $60,000 per year.  However, DNR has already implemented a
number of internal controls and VHS testing protocols, so the added cost of
this rule will be less than $60,000.  DNR costs may increase if USDA finds
that additional fish species are susceptible to VHS (the amount of the
increase will depend on which fish species are found to be susceptible).

Impact on DATCP

DATCP will incur added costs to administer and enforce the fish health
testing requirements under this rule.  DATCP will need at least 2.0 FTE
staff to review and process a large volume of fish health certificates in a
timely manner; to train fish health inspectors to collect samples for VHS
testing; to provide compliance information and respond to industry
inquiries; to conduct inspections and monitor compliance; to conduct
investigations of possible law violations; and to initiate enforcement
actions if necessary.

The 2.0 FTE staff will have a combined total cost of at least $120,000 per
year, including salary, fringe benefits and support costs.  DATCP will
attempt to absorb these costs in the short term by shifting staff from
other important disease control responsibilities, but DATCP will not be
able to do so indefinitely without putting other livestock sectors at
unacceptable risk.  DATCP will seek federal grant funds to cover some of
the costs, but federal funding is not guaranteed.


Business Impact

Aquaculture Industry

This rule creates new regulations to control viral hemorrhagic septicemia
(VHS) in fish, and simplifies registration of fish farms.   This rule will
affect fish farm operators and bait dealers.  This rule will also affect
the Wisconsin Department of Natural Resources (DNR).  The effect on DNR is
described in the fiscal estimate for this rule.

This rule will benefit the aquaculture industry by helping to control the
spread of VHS, a very serious disease of fish.  This rule will also benefit
fish farm operators, by simplifying current fish farm registration
requirements (operators will be able to register multiple fish farms on a
single registration form).  However, this rule may add costs or limit
operations for some fish farmers and bait dealers, as described below.



Fish Farm Operators

DATCP estimates that this rule will affect 30-40 private fish farms, not
counting DNR “cooperator” fish farms registered by DNR.  Many of the
affected fish farms are “small businesses,” and many of them will be
substantially affected by this rule.  VHS testing requirements may force
some fish farm operators to curtail all or part of their operations.
However, some fish farms already conduct VHS tests in order to meet federal
requirements for interstate movement of fish.

Fish farm operators may incur added testing requirements under this rule if
they keep VHS-susceptible fish or fish eggs that were either (1) collected
from any wild source within the preceding 12 months, or (2) kept on a fish
farm that received fish or fish eggs (of any species) collected from any
wild source within the preceding 12 months.  Operators must test those
VHS-susceptible fish or fish eggs before they distribute them for bait, for
stocking to Wisconsin public waters, or for delivery to other fish farms
(other than those registered by the same operator).

A veterinarian or other qualified fish health inspector must certify that
the fish or fish eggs are VHS-free, based on tests using approved methods.
VHS tests must be conducted on a statistically representative sample of
fish drawn from the tested species or farm.  The average cost to test and
certify a single lot of fish is approximately $500 (actual costs vary
depending on test method, number of fish in the lot, number of fish species
in the lot, etc.).  A single fish farm might need to test from 1-30 lots
per year, depending on the source and species of the fish, the number of
separate fish lots kept on the fish farm, and purposes for which the fish
are kept and distributed.

DATCP estimates that approximately 30-40 private fish farm operators will
need to conduct VHS tests, and that they will conduct those tests on a
combined total of approximately 40 lots of fish per year.  Assuming an
average cost of $500 per test per lot, the combined total cost to all
affected private fish farm operators will be approximately $20,000 per
year.

However, some of those affected fish farmers are already performing VHS
tests in order to meet federal requirements for shipping fish in interstate
commerce, so the net impact of this rule may be less than $20,000.  Fish
farm costs may increase if USDA finds that additional fish species are
susceptible to VHS (the amount of the increase will depend on which fish
species are found to be susceptible).

Bait Dealers

Wisconsin bait dealers are currently licensed by DNR.  This rule will
affect licensed bait dealers in 2 ways:

·       If bait dealers buy VHS-susceptible bait species that originate from
wild sources, their purchase costs may reflect the seller’s added cost of
VHS testing under this rule.

·       If bait dealers collect VHS-susceptible bait species from wild 
sources,
they will need to conduct VHS tests before reselling or distributing the
bait.  They will also need to withhold the bait from distribution for at
least 4 weeks pending the completion of VHS tests.  That will add costs,
and may not be practically feasible for affected bait dealers.

This rule applies only to bait species that are known to be susceptible to
VHS.  Of the major bait species in Wisconsin (fathead minnow, white sucker,
golden shiner and emerald shiner), only one species (emerald shiner) is
currently known to be susceptible to VHS.  Emerald shiners are obtained
exclusively by wild harvesting, while other major bait species can be
hatched and raised on farms.  At this time, DATCP estimates that emerald
shiners represent less than 10% of the overall bait market in Wisconsin
(the market for wild-harvested emerald shiners has already diminished as a
result of federal VHS testing requirements for emerald shiners moved in
interstate commerce).

DATCP estimates that approximately 25 Wisconsin bait dealers are currently
harvesting emerald shiners from the wild.  DATCP estimates that each of
those bait dealers would need to test an average of 6 lots of
wild-harvested emerald shiners each year, before distributing the emerald
shiners for sale.  Assuming an average cost of $500 per test lot, the
average annual cost for an individual bait dealer would be about $3,000 per
year, and the combined total cost to all 25 of those bait dealers would be
about $75,000 per year.  That figure does not include added costs to hold
the emerald shiners for 4 weeks while testing is completed.  It is
extremely difficult to hold emerald shiners for extended periods, so it may
not even be possible for most bait dealers to hold them for the required 4
weeks.

The difficulty of holding emerald shiners for 4 weeks, combined with the
added cost of testing emerald shiners, may drive many bait dealers out of
the business of harvesting wild emerald shiners for sale as bait.  However,
those bait dealers may still be able to harvest and sell other types of
bait that are not affected by this rule.

Bait dealers that are not currently harvesting emerald shiners will not be
substantially affected by this rule unless USDA finds that additional bait
species are susceptible to VHS.  If USDA finds that other major bait
species are susceptible to VHS, this rule could have a more dramatic impact
on bait dealers.  The impact will depend on the species that are affected.


Farm-Raised Deer Keepers

This rule changes current rules related to farm-raised deer.  This rule
makes all of the following changes:

·       Requires veterinarians who perform chronic wasting disease (CWD) tests
to report test results to DATCP.

·       Changes the annual expiration date for farm-raised deer herd
registrations, from December 31 to March 31.

·       Clarifies that a person may keep farm-raised deer at 2 or more
locations identified in a single herd registration certificate, subject to
specified conditions.

·       Clarifies that separately-registered farm-raised deer herds may be 
kept
at the same location (even if they are owned by different persons), subject
to specified conditions.

·       Modifies current CWD testing requirements.  Under current rules, a 
test
must be performed on every farm-raised deer at least 16 months old that
dies in captivity, or is killed or sent to slaughter (the test sample must
be sent to an approved laboratory within 10 days after it is collected).
Under this rule, testing is required for deer at least 8 months old that
meet the same criteria.  Under this rule, a test sample must be collected
within 10 days after the animal dies, or is killed or slaughtered (or
within 10 days after the death is first discovered).  Under this rule as
under the current rules, the test sample must be sent to an approved
laboratory within 10 days after it is collected.

·       Clarifies current rules related to DATCP condemnation of diseased or
suspect farm-raised deer.  Under this rule, a condemnation order may
specify a reasonable compliance deadline, may direct appropriate testing
and disposition of carcasses, and may require the herd owner or custodian
to enter into a “premises plan” as a condition to the payment of state
indemnities.

·       Clarifies annual herd census requirements under Wisconsin’s chronic
wasting disease herd status program.  Under this rule, an annual herd
census must report apparent escapes, and must explain and account for
changes in herd population since the last census.

·       Clarifies that a person applying to register a herd of white-tailed
deer with DATCP must include, with the registration application, a copy of
a valid DNR fence certificate (currently required by law) for each
registered location.

·       Clarifies that a person applying for a 10-year hunting preserve
certificate from DATCP must include, in the application, an estimate of the
farm-raised deer population on the hunting preserve premises (by species,
age and sex).  The application must also include the identification numbers
of any farm-raised deer on the hunting preserve that bear identification
numbers.  Under this rule, all non-natural additions to a hunting preserve
must have 2 forms of official individual identification, one visible and
one implanted.

·       Extends the term of a brucellosis-free herd certification, from 2 
years
to 3 years, so that it is consistent with the term of a tuberculosis-free
herd certification.  That will allow herd owners to conduct simultaneous
tests for both diseases.

·       Allows DATCP to extend the 15-day slaughter deadline for tuberculosis
reactors by up to 30 days (current rules allow only a 15-day extension).

·       Modifies current tuberculosis regulations for imports of farm-raised
deer, to make them consistent with federal standards for interstate
movement.  This rule also eliminates current requirements for post-import
testing.

·       Clarifies current rules related to movement of farm-raised deer 
between
separately registered herds in this state.

Most of the changes in this rule are designed to clarify current rules, or
to make current rules consistent with federal rules.  The rule changes will
have minimal impact on most farm-raised deer keepers, and will reduce costs
and facilitate deer farm operations in many cases.  Clear and effective
rules will help prevent and control chronic wasting disease and other
diseases, for the benefit of the entire farm-raised deer industry.

This rule will require farm-raised deer keepers to perform chronic wasting
disease tests on farm-raised deer that die between the ages of 8 months and
16 months (current rules only require testing of animals that die at age 16
months or older).  The reduction in test age may require some farm-raised
deer keepers to test a slightly larger number of farm-raised deer.  The
United States Department of Agriculture (USDA) currently pays laboratory
testing costs, but farm-raised deer keepers must pay at least part of the
cost to have test samples collected by a veterinarian.  The sample
collection cost ranges from $15/head to $140/head depending on the
availability of a veterinarian.  In recent years, USDA has paid the first
$50 of this cost (future funding is uncertain).

This rule requires additional (implanted) ID tags for farm-raised deer
entering hunting preserves, to facilitate disease traceback.  The cost of
the additional tag is estimated at less than $5 per farm-raised deer.  In
recent years, USDA has paid for implanted ID tags (future funding is
uncertain).

Cattle and Goat Producers

Under current rules, Johne’s disease test samples must normally be
collected by accredited veterinarians.  This rule allows Dairy Herd
Improvement Technicians to collect milk samples that are used as Johne’s
disease test samples.  That will make it easier, and less costly, for dairy
farmers to participate in the Johne’s disease herd testing and management
program.

Current rules exempt imported bovine animals (cattle and bison) from the
requirement of a pre-import tuberculosis test if the animals originate from
a state that USDA has classified as “TB-free” if that state accepts
Wisconsin animals without a TB test.  Under this rule, the exemption does
not apply if the state of origin has a confirmed TB-positive herd, until
that herd is depopulated and all epidemiologically linked herds have tested
negative for TB.  This rule also prohibits imports of cattle originating
from Mexico, except directly to slaughter.  This rule will help prevent
imports of diseased cattle, and provide important protection for
Wisconsin’s livestock industry.  It will not have significant adverse
effects on the livestock industry.

Poultry Producers

Under current rules, a poultry flock owner may voluntarily enroll in the
National Poultry Improvement Plan (enrollment facilitates the sale and
movement of poultry).  Under this rule, a flock owner may not enroll unless
the owner has registered flock premises under Wisconsin’s livestock
premises identification program.  This will not have a significant impact
on flock owners, because registration is already required by law.

Current rules regulate poultry imports to Wisconsin.  This rule modifies
poultry import standards, to provide more flexible options for poultry
importers.  This rule will have no adverse impact on poultry importers.

Animal Markets, Dealers and Truckers

This rule does all of the following:

·       Eliminates the current requirement for animal market operators, animal
dealers and animal truckers to pass a test before being initially licensed
by DATCP.

·       Requires animal market operators, animal dealers and animal truckers 
to
transport and handle animals in a safe and humane manner.

·       Clarifies animal transport vehicle registration requirements.

·       Requires animal market operators, animal dealers and animal truckers 
to
record the official individual identification of goats that bear official
individual identification.

·       Requires animal market operators, animal dealers and animal truckers 
to
record the livestock premises code, if any, of each premises from which the
operator receives or to which the operator ships livestock.

·       Requires operators of federally-approved livestock import markets to
disclose, to livestock recipients, the state of origin of livestock leaving
the import market.

This rule will simplify licensing of animal market operators, dealers and
truckers, by eliminating current testing requirements.  This rule will
require some animal market operators, dealers and truckers to make minor
changes in recordkeeping and operating procedures.  Recordkeeping changes
will improve disease control and traceback capability, for the benefit of
the entire livestock industry.  This rule will not have any significant
adverse effect on animal market operators, dealers or truckers.

Persons Keeping Livestock; Premises Registration

Under current law, a person who keeps livestock at a location in this state
is required to register that location with DATCP.  Under current rules, the
person must renew the registration annually.  If the person holds another
license from the department, the person must register as part of the
license application process.

This rule extends the renewal period from one year to 3 years.  Under this
rule, a license holder may register as part of the license application
process but is not required to do so (the person may register separately).
Under this rule, DATCP may register known livestock premises if the
livestock operator fails to do so (because the operator has religious
objections, for example).  These changes will make it easier and more
convenient for livestock operators to comply with premises registration
requirements.  This rule will have no adverse impact on the livestock
industry.

Slaughter Establishments

This rule clarifies the current prohibition against removing live animals
from slaughter establishments.  This rule will not have any adverse effect
on slaughter establishments.

Disease Indemnities

This rule clarifies the procedures that DATCP will use to determine the
appraised value of animals condemned for disease control purposes, in order
to determine the amount of state indemnity payments.  This rule will not
have any significant adverse effect on livestock operators, and will
clarify indemnity procedures.

Accommodation for Small Business

Overall, this rule improves disease control and prevention for the benefit
of the entire livestock and aquaculture industry.  In many cases, this rule
will actually improve flexibility and reduce costs for individual
businesses, including small businesses.  Overall, this rule has few adverse
impacts on small business.

This rule may have some adverse effects on some small businesses
(especially bait dealers that harvest emerald shiners from wild sources for
sale as bait).  If USDA finds that additional fish or bait fish species are
susceptible to VHS, this rule may have a more dramatic impact on fish farm
operators or bait dealers, or both.  Many of the affected entities will be
small businesses.

This rule is needed to protect the health of Wisconsin livestock
industries, including the aquaculture and farm-raised deer industries.  It
is also needed to protect the health of wild animals, including fish.
Effective disease control is important for all the people of the state, and
for the affected livestock industries.

Although this rule may have some adverse effects on some small livestock
businesses, those effects are generally minimal and are outweighed by the
need to prevent and control the spread of serious diseases that could
destroy entire industries.  DATCP has not exempted small businesses,
because the risk of disease spread is unrelated to business size.

Overall, this rule will benefit Wisconsin livestock industries by improving
control of serious diseases.  This rule will also increase flexibility and
reduce costs for many individual businesses.  This rule may have some
adverse effects on some individual businesses, those effects are generally
limited and are outweighed by the need to prevent and control the spread of
serious diseases that could destroy entire industries.

Federal and Surrounding State Programs

Federal Programs

DATCP administers animal disease control programs in cooperation with USDA.
 USDA has well-established control programs for historically important
diseases such as tuberculosis and brucellosis.  Federal rules for these
programs spell out standards for disease testing, disease control,
international and interstate movement of animals, certifying the disease
status of states, and certifying the disease status of individual herds.

USDA operates national veterinary diagnostic laboratories, and coordinates
multi-state responses to major disease epidemics.   USDA exercises disease
control authority, including quarantine and condemnation authority, and
provides funding for indemnity payments to certain owners of condemned
animals.  USDA operates state and regional offices, and coordinates field
operations with states.

USDA has less well-developed programs for new or localized diseases, or
emerging animal-based industries.  States often take a lead role in
developing programs to address new animal health issues and disease threats
(farm-raised deer and fish diseases, for example), particularly if those
issues or threats have a more local or regional focus.  Wisconsin’s
program related to fish and farm-raised deer are perhaps the leading
programs in the nation, and have provided models for proposed federal
programs.

USDA may provide grant funding, regulatory incentives, or other assistance
in support of state programs and regulation.  For example, USDA provides
funding for voluntary Johne’s disease testing and herd management, based
on federal program standards.

States have independent authority to regulate animal health and movement,
including imports from other states.  However, states strive for reasonable
consistency, based on standards spelled out in federal regulations.  Where
well-established federal standards and procedures exist, state disease
control programs typically incorporate those federal standards.  However,
states may independently address new and emerging disease issues,
especially if those issues have a state or regional focus and are not a
priority for USDA.

Surrounding State Programs

General

Surrounding state animal health programs are broadly comparable to those in
Wisconsin, but vary in a variety of ways.  Differences in disease
regulations and control programs may reflect differences in animal
populations, animal-based industries, and disease threats in the different
states.  Programs for historically important diseases, such as tuberculosis
and brucellosis, tend to be fairly similar between states and are based on
well-established federal standards.  Programs for newer forms of
agriculture, such as farm-raised deer and aquaculture, tend to be more
variable.

Aquaculture

All of the surrounding states regulate aquaculture, to some degree:

·       Minnesota requires fish import permits, and licenses fish farms and
fish dealers.  Health certification is required for fish imports, but not
for fish farms.  Bait imports are prohibited.

·       Iowa requires fish import permits, and licenses fish farms.  Health
certification is required for fish imports, but not for fish farms.

·       Illinois licenses fish farms and fish dealers.  An import permit and
health certification is required for certain fish imports (salmonids).
There is limited regulation of fish transport vehicles.

·       Michigan licenses fish farms.  Health certification is required for
fish imports.

Johne’s Disease

All of the surrounding states (Illinois, Michigan, Iowa and Minnesota) have
adopted a voluntary Johne’s disease testing and herd management program,
based on the federal program.  Wisconsin has a similar program, which it is
updating under this rule.

Standards Incorporated by Reference

Pursuant to s. 227.21, Stats., DATCP will request permission from the
attorney general and revisor of statutes to incorporate the following
standards by reference in this rule, without reproducing the standards in
full in this rule:

·       Program standards for the national voluntary Johne’s disease control
program,        United States department of agriculture, animal and plant 
health
inspection service, publication number 91-45-016 (June 2006).


Dated this __________ day of November, 2007


STATE OF WISCONSIN,
DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION


By _________________________________
Rodney J. Nilsestuen, Secretary