Section 10.01. Definitions.

  In this chapter:

(1)  "Accredited tuberculosis-free herd" means a herd of bovine animals, farm-raised deer, or goats that is certified as tuberculosis-free by one of the following:

(a) The department under s. ATCP 10.14 , 10.49 , or 10.74 .

(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.14 , 10.49 , or 10.74 .

(2)  "Accredited veterinarian" means a veterinarian who is both of the following:

(a) Licensed to practice veterinary medicine.

(b) Specifically authorized by the federal bureau and responsible state agency, pursuant to 9 CFR 160 to 162 , to perform animal disease eradication and control functions under state and federal animal health laws.

(3)  "Animal dealer" means a person who is required to be licensed under s. ATCP 12.03 (1) .

(4)  "Animal dealer premises" means any real property, owned or controlled by an animal dealer, at which the animal dealer keeps, exhibits, or receives livestock or wild animals, or from which the animal dealer ships livestock or wild animals.

(5)  "Animal market" means any premises that are open to the public for the purpose of trading in livestock or wild animals, and that have facilities to keep, feed, and water livestock or wild animals prior to sale.

(6)  "Animal trucker" means a person who is required to be licensed under s. ATCP 12.04 (1) .

(7)  "Approved equine quarantine station" means an equine quarantine station for which the department has issued a current annual permit under s. ATCP 10.37 (3) .

(8)  "Approved import feed lot" means a feed lot for which the department has issued a permit under s. ATCP 10.22 (9) .

(9)  "Axillary tuberculosis test" means a test that is used to detect tuberculosis in South American camelids.

(10)  "Bison" means American bison of any age or sex, commonly known as buffalo.

(11)  "Boar" means an uncastrated male swine that is sexually mature.

(12)  "Bovine animal" means domestic cattle ( Bos sp. ) and American bison of any age or sex.

(13)  "Breeder swine" means all of the following:

(a) Sexually intact swine 4 months of age or older.

(b) Swine intended for breeding, regardless of the age of the swine.

(14)  "Brucellosis" means the contagious, infectious, and communicable disease caused by bacteria of the genus Brucella .

(15)  "Brucellosis monitored herd" means a herd of farm-raised deer that is certified as a brucellosis monitored herd by one of the following:

(a) The department under s. ATCP 10.51 .

(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to s. ATCP 10.51 .

(16)  "Brucellosis test" means a test, approved by the federal bureau and the department, which is used to determine whether an animal is infected with brucellosis.

(17)  "Brucellosis uniform methods and rules" means:

(a) Except as provided in par. (b) or (c) , the uniform methods and rules for the national brucellosis eradication program, as published in federal bureau publication 91-45-013 (October 1, 2003). Notwithstanding this paragraph and pars. (b) and (c) , all official individual identification for all species is specified under sub. (71) .

(b) In the case of swine, the uniform methods and rules for the national swine brucellosis control and eradication program, as published in federal bureau publication 91-55-042 (April, 1998).

(c) In the case of farm-raised deer, the uniform methods and rules for the national brucellosis in cervids program, as published in federal bureau publication 91-45-16 (September 30, 2003).

Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P. O. Box 8911
Madison, WI 53708-8911

(18)  "Bull" means an uncastrated sexually mature male bovine animal.

(19)  "Calf" means a sexually immature bovine animal of either sex.

(20)  "Cattle" means any of the various animals of the domesticated genus Bos .

(21)  "Certificate of veterinary inspection" means a written certificate that complies with s. ATCP 10.06 .

(22)  "Certified brucellosa ovis-free flock" means a flock of sheep that is certified by one of the following:

(a) The department under s. ATCP 10.68 .

(b) The authorized animal health agency in the state where the flock is located, under standards equivalent to those in s. ATCP 10.68 .

(23)  "Certified brucellosis-free herd" means a herd of cattle, farm-raised deer, or goats that is certified as brucellosis-free by one of the following:

(a) The department under s. ATCP 10.12 , 10.51 , or 10.73 .

(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.12 , 10.51 , or 10.73 .

(24)  "Cervid" means a member of the family of animals that includes deer, elk, moose, caribou, reindeer, and the subfamily musk deer. "Cervid" includes all farm-raised deer.

(25)  "Chronic wasting disease" means the transmissible, contagious, infectious, and communicable disease in cervids caused by infectious proteins known as abnormal prions.

(26)  "Chronic wasting disease test" means the immunohistochemistry (IHC) test, or another chronic wasting disease diagnostic test approved by the federal bureau and the department, used to determine whether an animal is infected with chronic wasting disease, and performed at a laboratory approved by the department or the federal bureau.

(27m)  "Commercial swine" means a domestic hog but does not include members of the family suidae included under s. NR 16.11 (3) .

(28)  "Commingle" means to cause or permit any of the following:

(a) Direct contact with other animals.

(b) Unprotected contact with the same facilities, equipment, individuals, or environment contacted by other animals, under circumstances where that unprotected contact may spread disease.

(c) In the case of fish or fish eggs, contact with other fish or fish eggs or with the same water in which those other fish or fish eggs have been kept.

(29)  "Communicable" means transmissible either directly or indirectly.

(30)  "Contagious" means spread by contact, body secretions, or fomites.

(31)  "Cow" means a female bovine animal after first calving.

(31m)  "DHIA Technician" means a person approved by a service affiliate of the dairy herd improvement association to certify dairy farm production information.

(32)  "Department" means the state of Wisconsin department of agriculture, trade and consumer protection. "Department" may include an authorized agent of the department.

(32m)  "Direct supervision of a veterinarian" means supervision in which the veterinarian is immediately available to continually coordinate, direct, and personally inspect the practice of the person being supervised.

(33)  "Equine animal" means a horse, mule, zebra, donkey, or ass.

(34)  "Equine infectious anemia" means the contagious and infectious disease of equine animals caused by a non-oncogenic retrovirus.

(35)  "Equine infectious anemia test" means a test approved by the department, and conducted at a laboratory approved by the department or the federal bureau, to determine whether an animal is infected with equine infectious anemia.

(36)  "Equine market" means an animal market that is open to the public solely for the purpose of trading in equine animals.

(37)  "Exhibition" means an organized fair, swap meet, rodeo, trail ride, show, or other organized event at which animals owned by different persons are brought together from different premises and exhibited on the same premises. "Exhibition" does not include any of the following:

(a) An animal market.

(b) An exhibition operated by an institution accredited by the association of zoos and aquariums.

(c) A wild animal exhibition operated pursuant to a permit from the Wisconsin department of natural resources.

(38)  "Exotic disease" means any communicable, contagious, or infectious disease not known to exist in livestock, fish, or poultry in Wisconsin.

(39)  "Exotic ruminant" means a ruminant not indigenous to Wisconsin. "Exotic ruminant" does not include domestic bovine animals, bison, cervids, alpacas, or llamas.

(40)  "Exposed" means subjected to a causative agent that may cause the exposed animal to contract a contagious, infectious, or communicable disease.

(41)  "Fair" means a state, county, or district fair.

(42)  "Farm-raised deer" has the meaning given in s. 95.001 (1) (ag) , Stats., but does not include a cervid kept by an institution accredited by the association of zoos and aquariums.

(43)  "Farm-raised game bird" means a captive bird of a wild nature that is not native. "Farm-raised game bird" does not include poultry or ratites, or birds kept pursuant to a license issued under s. 169.15 , 169.19 , 169.20 , or 169.21 , Stats.

(44)  "Federal bureau" means the animal and plant health inspection service of USDA, or any other unit of USDA that is vested with authority to administer federal laws and regulations relating to animal disease control.

(45)  "Federally approved livestock marketing facility" means an animal market that complies with s. ATCP 10.07 (4) .

(46)  "Feeder cattle" means bovine animals, other than dairy class females, kept for the sole purpose of feeding prior to slaughter, which are not more than 18 months old as evidenced by the absence of permanent teeth, and whose sexual status is one of the following:

(a) Non-spayed female that is not parturient or post-parturient.

(b) Spayed heifer.

(c) Steer.

(47)  "Feeder swine" means swine that weigh 80 pounds or less and are kept for the sole purpose of feeding for slaughter.

(48)  "Feeder swine pseudorabies monitored herd" means a herd of swine that is certified as a feeder swine pseudorabies monitored herd by one of the following:

(a) The department under s. ATCP 10.27 (3) .

(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to s. ATCP 10.27 (3) .

(49)  "Flock", as applied to poultry, means any of the following:

(a) All poultry on a farm.

(b) A subset of poultry, on a farm, which has not commingled with other poultry on that farm for at least 21 days and which is designated as a separate flock by the department.

(50)  "Flock", as applied to sheep, means one of the following:

(a) A commonly owned or controlled group of sheep that are maintained on common ground.

(b) Two or more commonly owned or controlled groups of sheep that are maintained at geographically separate locations, if animals or people move between the locations without taking effective bio-security measures to prevent the spread of disease.

(51)  "Fomite" means an inanimate object or substance that transfers infectious organisms from one animal to another.

(52)  "Foreign animal disease" means any communicable, contagious, or infectious disease not known to exist in animals in the United States.

(53)  "Hatchery" means premises used to hatch poultry or ratites. "Hatchery" includes incubators and setters.

(54)  "Heifer" means a female bovine animal up to first calving.

(55)  "Herd" means any of the following:

(a) A commonly owned or controlled group of animals that are maintained on common ground.

(b) Two or more commonly owned or controlled groups of animals that are maintained at geographically separate locations, if people, animals or equipment move between the locations without taking effective bio-security measures to prevent the spread of disease.

(55m)  "Immediate family member," as used in ch. 95 , Stats. , and this chapter, means a spouse, grandparent, parent, sibling, child, stepchild, grandchild, or the spouse of a grandparent, parent, sibling, child, stepchild, or grandchild.

(56)  "Individual" means one of the following, as applicable:

(a) When used as a noun, a natural person.

(b) When used as an adjective, separate and distinct from all others.

(57)  "Infectious" means caused by a pathogenic agent.

(57m)  "Intermediate livestock handling facility" means an off-premises facility owned or leased by a slaughtering establishment that is licensed by the department or that is subject to inspection by USDA. The "intermediate livestock handling facility" is used to unload and temporarily hold animals before the animals are delivered to the slaughtering establishment.

(58)  "Johne's disease" means paratuberculosis, the infectious and communicable disease of domestic ruminants that is caused by Mycobacterium avium, subsp . paratuberculosis .

(59)  "Johne's disease national program standards" means the program standards for the national voluntary Johne's disease control program, as published in federal bureau publication 91-45-016 (September 2010). Notwithstanding this subsection, official individual identification for all species is specified under sub. (71) .

Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P. O. Box 8911
Madison, WI 53708-8911

(60)  "Keep farm-raised deer" means to own, rent, lease, or serve as the custodian of farm-raised deer.

(61)  "Keeper of farm-raised deer" means a person who keeps farm-raised deer.

(62)  "Livestock" means bovine animals, equine animals, goats, poultry, sheep, swine other than wild hogs, farm-raised deer, farm-raised game birds, camelids, ratites, and fish.

(63)  "Livestock premises code" means the code assigned under s. ATCP 17.02 (7) or, for livestock premises located in another state, an equivalent code assigned by that other state.

(63m)  "M-branded" means branded with the letter "M" to signify imported from Mexico.

(64)  "Mare" means a female equine animal over 731 days of age.

(65)  "Menagerie animal" means a domestic or non-domestic animal kept as part of a collection of multiple species primarily for purposes of exhibition.

(66)  "Mycoplasmosis" means a disease of poultry caused by bacteria of the genus Mycoplasma .

(67)  "National poultry improvement plan" means the national poultry improvement plan and auxiliary provisions dated January 2011, 9 CFR 56 , 145 , 146 , and 147 , printed in USDA-APHIS publication 91-55-088.

Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911

(68)  "Negative" means an official diagnostic test result that discloses no evidence of disease.

(68m)  "Net salvage value" means the salvage value plus any federal indemnities received by the owner.

(69)  "Official back tag" means an identification back tag issued or approved by the federal bureau or the department.

(70)  "Official ear tag" means an identification ear tag approved by the federal bureau that bears an official individual identification number meeting the requirements of one of the following:

(a) The national uniform ear tagging system developed by the federal bureau in veterinary services memorandum no. 578.12, revised March 15, 2011.

Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708

(b) The animal identification number developed by the federal bureau in 9 CFR 86.1 consisting of 15 digits with the first 3 digits of 840.

(c) An identification system also approved by the department.

(71)  "Official individual identification" means a set of identifying characters that is uniquely associated with an individual animal. A specific "official individual identification" and its placement on an animal is differentiated, in part, by animal species, and consists of one of the following:

(a) For bovine, an official ear tag attached to the animal.

(b) For farm-raised deer, any of the following:

1. An official ear tag attached to the animal.

2. A federal bureau and department approved microchip implanted in the animal.

(c) For equine, any of the following:

1. A written or graphic description by a licensed and accredited veterinarian sufficient to identify the individual equine including all of the following:

a. Name.

b. Age.

c. Breed.

d. Color.

e. Sexual status.

f. Distinctive markings.

g. Unique and permanent forms of identification, when present, including brands, tattoos, scars, cowlicks, blemishes, or biometric measurements.

2. A federal bureau and department approved microchip implanted in the animal.

3. Digital photographs sufficient to identify the individual equine.

(d) For poultry, a leg or wing band bearing a number that uniquely identifies the bird.

(e) For ratites, a leg band bearing a number that uniquely identifies the ratite.

(f) For swine weighing 80 pounds or less, a tattoo or ear tag applied to the animal including a premises identification code, or a state registered feeder pig premises tattoo number issued by the department, or the authorized animal health agency in the state of origin, or an official ear tag attached to the animal.

(g) For breeding swine, one of the following:

1. An official ear tag attached to the animal.

2. Ear notches for registered swine.

3. A unique tattoo or ear tag applied to the animal including a unique premises identification code or state registered feeder pig premises tattoo number issued by the department or the authorized animal health agency in the state of origin provided that the animal also bears an individual identification number unique to that premises.

4. A tattoo on the ear or inner flank of any swine, if the tattoo has been recorded in the book of record of a swine registry association.

(h) For goats and sheep, one of the following:

1. An official ear tag attached to the animal.

2. A federal bureau and department approved microchip that is implanted in the animal, if the animal is registered with a breed registry and the animal is accompanied by the animal's registration documents on which the microchip number and the animal owner's name are recorded.

2m. A federal bureau and department approved microchip that is implanted in the animal, if the animal is in a scrapie free flock certification program flock or herd and the animal is accompanied by certificate of veterinary inspection with the implant number.

3. The animal's breed association or registration tattoo with the management number accompanied by registration documents in the animal owner's name.

4. A tattoo or ear tag with a unique individual identification number for the animal's premises along with a tattoo or ear tag of a unique flock identification number issued by the federal bureau.

(i) For all other animals, one of the following:

1. The animal's official ear tag attached to the animal.

2. The animal's breed association tattoo.

3. The animal's breed association registration number as documented on the animal's registration certificate.

4. A registration freeze brand number that uniquely identifies the animal.

5. A microchip if the microchip number uniquely identifies the animal and the microchip is implanted in the animal.

6. A tattoo number issued by the department.

7. A unique premises identification code issued by the department, provided the animal also bears an individual identification number unique to that premises.

8. Other identification approved by the department.

(72)  "Official spayed heifer" means a female bovine animal that has had its ovaries removed and is identified by an open spade brand or spay certificate.

(73)  "Official vaccinate" means a female bovine animal that is vaccinated against brucellosis, and identified and reported as a vaccinate, in compliance with s. ATCP 10.10 or equivalent laws of another state.

(74)  "Open spade brand" means a branding mark consisting of the outline of an inverted heart with a short stalk at the bottom, used for the identification of spayed heifers.

(75)  "Originates from a herd" or "originating from a herd" means coming from a herd, other than a group of animals temporarily assembled for sale or shipment, in which the animal was born or kept since birth, or in which the animal was kept for at least 120 days.

(76)  "Originates from a state" or "originating from a state" means coming directly from one of the following:

(a) A state in which the animal was born and kept since birth.

(b) A state to which the animal was moved from a state holding an equal or better federal classification for the disease in question.

(c) A state in which the animal has been kept for at least 120 consecutive days.

(77)  "Person" means an individual, corporation, partnership, cooperative, limited liability company, trust, governmental entity, academic institution, or other legal entity.

(78)  "Pet bird" means a psittacine or soft bill that is not native, is not identified on the federal list of endangered and threatened species, and is not a migratory bird.

(79)  "Poultry" means domesticated fowl, including chickens, turkeys, and waterfowl, which are bred for the primary purpose of exhibition or producing eggs or meat. "Poultry" does not include ratites.

(80)  "Pseudorabies" means the contagious, infectious, and communicable disease of livestock and other animals that is caused by the pseudorabies herpes virus.

(81)  "Pseudorabies national eradication standards" means the program standards for the national joint program on pseudorabies eradication, as published in federal publication 91-55-071 (November 1, 2003).

Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P. O. Box 8911
Madison, WI 53708-8911

(82)  "Pseudorabies test" means the negative serum neutralization (SN) test or another pseudorabies diagnostic test that is approved by the department and conducted at a laboratory approved by the department or the federal bureau.

(83)  "Pullorum" means a disease of poultry caused by Salmonella pullorum .

(84)  "Qualified pseudorabies negative grow-out herd" means a grow-out herd of swine that is certified by one of the following:

(a) The department under s. ATCP 10.27 (2) .

(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.27 (2) .

(85)  "Qualified pseudorabies negative herd" means a herd of swine that is certified by one of the following:

(a) The department under s. ATCP 10.27 (1) .

(b) The authorized animal health agency in the state where the herd is located, under standards equivalent to those in s. ATCP 10.27 (1) .

(86)  "Racing animal" means an equine animal, or a greyhound or other racing canine, that participates or is raised to participate in races, including races at county, district, or state fairs, for money or other prizes.

(87)  "Ratite" means a member of the group of flightless birds that includes the ostrich, emu, cassowary, kiwi, and rhea.

(88)  "Reactor" means an animal that tests positive, in a conclusive diagnostic test, for an infectious, contagious, or communicable disease.

(88m)  "Salvage value," as used in ch. 95 , Stats. , means any monies received from any source for a condemned animal or animal parts by the owner of the condemned animal, other than federal government indemnities or state indemnities.

(89)  "Shipped directly to a slaughtering establishment" means delivered to a slaughtering establishment without being unloaded at any other location in this state.

(90)  "Slaughtering establishment" means a facility to slaughter animals that is licensed by the department, or that is subject to inspection by USDA. "Slaughtering establishment" includes all premises used in connection with the slaughter operation including an approved intermediate livestock handling facility.

(91)  "South American camelid" means a llama, alpaca, vicuna, or guanaco.

(92)  "Sow" means a sexually mature female swine.

(93)  "Stallion" means a male equine animal over 731 days of age, but does not include a gelding.

(94)  "State veterinarian" means the administrator of the animal health division of the department, or a veterinarian whom the administrator specifically authorizes to act on the administrator's behalf.

(95)  "Steer" means a castrated male bovine animal.

(96)  "Suspect" means an animal that is suspected of having a disease, based on test results or other reliable information, but that is not yet confirmed to have the disease.

(97)  "Swine" means a domestic hog or any variety of wild hog.

(98)  "Swine growth performance test station" means premises where swine are assembled for purposes of determining feeding efficiency.

(99)  "Test mare" means a mare that is used to determine the disease status of stallions with respect to contagious equine metritis.

(99m)  "Trading in livestock or wild animals" means the trading, buying, selling, or swapping of livestock or wild animals.

(100)  "Tuberculosis" means the contagious, infectious, and communicable disease caused by Mycobacterium bovis .

(101)  "Tuberculosis modified accredited state" means a state that USDA has classified as a tuberculosis modified accredited state, or a state with a tuberculosis prevalence in bovine herds of at least 0.01% but not more than 0.1%.

(102)  "Tuberculosis monitored herd" means, in the case of farm-raised deer, a herd that is certified as a tuberculosis monitored herd by one of the following:

(a) The department under s. ATCP 10.49 .

(b) The authorized animal health agency of the state in which the herd is located, using standards equivalent to those in s. ATCP 10.49 .

(104)  "Tuberculosis qualified herd" means, in the case of farm-raised deer, a herd that is certified as a tuberculosis qualified herd by one of the following:

(a) The department under s. ATCP 10.49 .

(b) The authorized animal health agency of the state in which the herd is located, under standards equivalent to s. ATCP 10.49 .

(105)  "Tuberculosis test" means a test, approved by the department, which may be used to detect tuberculosis in animals for purposes of ch. 95 , Stats. , this chapter, or ch. ATCP 12 . "Tuberculosis test" includes any of the following tests, as applicable:

(a) A caudal fold tuberculin test or a comparative cervical tuberculin test for bovine animals.

(b) A single cervical tuberculin test or a comparative cervical tuberculin test for farm-raised deer.

(c) A dual path platform test for farm-raised deer that are white-tailed deer, red deer, elk, fallow deer, or reindeer.

(d) A post axillary tuberculosis test for exotic ruminants or South American camelids.

(e) A test approved by the department.

(106)  "Tuberculosis uniform methods and rules" means:

(a) Except as provided in par. (b) , the uniform methods and rules for the national bovine tuberculosis eradication program, federal bureau publication 91-45-011 (January 1, 2005). Notwithstanding this paragraph and par. (b) , all official individual identification for all species is specified under sub. (71) .

(b) In the case of farm-raised deer, the uniform methods and rules for the national cervid tuberculosis eradication program dated January 22, 1999, as published in federal bureau publication 91-45-011 (January 22, 1999), as amended by federal register Volume 71, No. 81, effective April 21, 2006.

Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P. O. Box 8911
Madison, WI 53708-8911

(107)  "Typhoid" or "fowl typhoid" means a disease of poultry caused by Salmonella gallinarum .

(108)  "USDA" means the United States department of agriculture.

(109)  "Validated brucellosis-free herd" means a herd of swine that is certified as brucellosis-free by one of the following:

(a) The department under s. ATCP 10.29 .

(b) The authorized animal health agency of the state where the herd is located, under standards equivalent to those in s. ATCP 10.29 .

(110)  "Veal calf" means a bovine animal of either sex, not more than 120 days old, which is kept for the sole purpose of feeding prior to slaughter for veal.

(111)  "Waters of the state" has the meaning given in s. 281.01 (18) , Stats.

(112)  "Wild animal" has the meaning given in s. 95.68 (1) (g) , Stats. "Wild animal" does not include a domestic animal identified in s. ATCP 10.02 .

(113)  "Wisconsin certified veterinarian" means a veterinarian certified under s. ATCP 10.05 .

(114)  "Zoo" or "zoological park" means any park, building, cage, enclosure, or other structure or premises in which a live animal or animals are kept for public exhibition or viewing, regardless of whether admission or other consideration is paid by the viewer.