Section 10.40. Poultry and farm-raised game birds; breeding, hatching, and exhibition.

 

(1)   Birds and eggs used for breeding or hatching. Except as specified under sub. (8) , no person may use poultry or farm-raised game birds or their eggs for breeding or hatching, or for exhibition at a fair or livestock exhibition, unless one of the following applies:

(a) The birds or eggs originate from a flock that is enrolled in the national poultry improvement plan under s. ATCP 10.41 and meets all of the following requirements:

1. The flock is currently classified "U.S. pullorum-typhoid clean" under the national poultry improvement plan.

2. In the case of turkeys, the flock is currently classified "Mycoplasma gallisepticum clean" under the national poultry improvement plan.

(b) The birds or eggs originate from a flock that qualifies as an affiliate flock under the national poultry improvement plan.

(c) The birds or eggs originate from a flock that is enrolled as a Wisconsin tested flock under sub. (2) or a Wisconsin associate flock under sub. (3) .

(d) In the case of birds, the birds meet all of the following requirements:

1. They have individually tested negative for pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum, within the preceding 90 days, and there has been no change of ownership of any birds since the completion of testing. Testing for purposes of a fair or livestock exhibition shall be completed before the birds arrive at the fair or livestock exhibition.

2. They originate from a flock in which no bird has tested positive for pullorum, fowl typhoid, or Mycoplasma gallisepticum.

(e) The birds or eggs are pigeons or pigeon eggs.

(g) The birds are not used for breeding or hatching, and are moved from the flock premises only for youth exhibition at a county fair pursuant to sub. (8) .

(2)   Wisconsin tested flock.

(a) The owner of a flock of poultry or farm-raised game birds may annually enroll that flock as a Wisconsin tested flock. An annual enrollment expires on June 30 of each year.

(b) A flock owner shall apply for enrollment under par. (a) on a form provided by the department. There is no fee to enroll. The enrollment application shall include all of the following:

1. The legal name and address of the flock owner.

2. The address and livestock premises code of the flock premises.

3. The approximate size of the flock, and the type of birds included in the flock.

4. Disease testing information under par. (c) .

(c) An enrollment application under par. (b) shall include proof that the flock has tested negative for all of the following during the calendar year of the enrollment application, in a test under sub. (4) that included all sexually mature birds then in the flock:

1. Pullorum.

2. Fowl typhoid.

3. Mycoplasma gallisepticum, in the case of turkeys.

(d) For purposes of par. (c) , a sexually mature bird is a bird over 4 months old except that, in the case of turkeys, it is a bird over 6 months old.

(e) The department shall grant or deny an enrollment application under par. (b) within 30 days after the department receives a complete application. If the department grants enrollment, the department shall issue a certificate that documents the enrollment.

(3)   Wisconsin associate flock.

(a) The owner of a flock of poultry or farm-raised game birds may annually enroll that flock as a Wisconsin associate flock. A Wisconsin associate flock enrollment expires on June 30 of each year.

(b) A flock owner shall apply for enrollment under par. (a) on a form provided by the department. There is no fee to enroll. An enrollment application shall include all of the following:

1. The legal name and address of the flock owner.

2. The address and livestock premises code of the flock premises.

3. The number and type of birds in the flock.

4. An invoice or other documentation showing that all of the birds or bird eggs in the flock were acquired directly from a flock enrolled under sub. (2) or (3) or s. ATCP 10.41 .

5. A statement certifying that the flock owner keeps no other poultry or farm-raised game birds on the flock premises.

(c) The department shall grant or deny an enrollment application under par. (b) within 30 days after the department receives a complete application. If the department grants enrollment, the department shall issue a certificate that documents the enrollment.

(4)   Disease testing. Disease testing, for purposes of this section and s. ATCP 10.41 , shall comply with all of the following standards:

(a) Blood samples for testing shall be drawn by one of the following:

1. An individual who has completed sample collection training, provided by the department, within 5 years prior to collecting the blood samples. The department shall charge a $25 training fee.

2. An individual approved by the federal bureau or by the state in which the blood samples are drawn, if the blood samples are drawn in another state pursuant to the national poultry improvement plan.

(b) Except as provided in par. (c) or (d) :

1. An individual who draws blood samples for testing shall identify each bird with official individual identification, or with another identification number that uniquely identifies that bird.

2. An individual who draws blood samples for laboratory testing shall label each blood sample with the identification number of the bird from which it was drawn.

3. The flock owner or custodian shall isolate tested birds from untested birds until the department reviews test results and authorizes the flock owner or custodian to release tested birds from isolation.

(c) Paragraph (b) does not apply to a whole flock test of poultry or farm-raised game birds.

(d) Paragraph (b) does not apply when a test group of 30 or more birds is tested for purposes of flock classification under the national poultry improvement plan, provided that the flock owner or custodian isolates the test group from birds outside the test group until the department reviews the test results and authorizes release from isolation. If any bird in the test group tests positive, the department may require continued isolation and testing of all birds in the test group and may specify the disposition of all birds in the test group.

(e) Sample collection, on-site test methods, and laboratory test methods shall comply with standards specified in the national poultry improvement plan. Laboratory tests shall be conducted by a laboratory approved by the department, the federal bureau, or another state under the national poultry improvement plan.

(5)   Imports. No person may use, sell, or distribute, for breeding or hatching, any poultry, poultry eggs, farm-raised game birds, or farm-raised game bird eggs imported in violation of s. ATCP 10.42 .

(6)   Commingling.

(c) Birds belonging to a flock enrolled under sub. (2) or (3) or s. ATCP 10.41 may not be commingled with any birds that are not part of the flock, except at shows and exhibitions where all birds have tested negative for pullorum, fowl typhoid, and, in the case of turkeys, Mycoplasma gallisepticum.

(d) Birds do not qualify under sub. (1) (d) if they have been commingled with birds from another flock or source, except at shows and exhibitions where all birds have tested negative for pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum.

(7)   Poultry sales.

(a) A person who sells poultry or eggs under sub. (1) (c) shall do all of the following:

1. Report the sale to the department within 10 days, on a form provided by the department.

2. Provide, to the buyer, a copy of the current flock enrollment certificate under sub. (2) or (3) .

(b) A person who sells poultry under sub. (1) (d) shall do all of the following:

1. Report the sale to the department within 10 days, on a form provided by the department.

2. Document, to the buyer, that the poultry comply with sub. (1) (d) .

(8)   Youth exhibition at county fair.

(a) Subsection (1) does not apply to youth exhibition of poultry or poultry eggs at a county fair if a youth agricultural leader certifies all of the following:

1. The name and address of the youth exhibiting the poultry or eggs.

2. A description of the exhibited poultry or eggs.

3. That the youth acquired the poultry or eggs directly from a flock enrolled under sub. (2) or (3) or s. ATCP 10.41 , and has not commingled them with poultry or eggs from any other source. This certification shall be based on written source documentation, and on an inspection of the premises where the youth keeps the poultry or eggs.

(b) A certification under par. (a) shall be all of the following:

1. Issued in writing.

2. Filed with the county fair before the youth exhibits the poultry or eggs.

(c) For purposes of this subsection, a "youth agricultural leader" means any of the following:

1. The leader of a bona fide youth agricultural organization to which the youth exhibitor belongs.

2. The county fair organizer, or the organizer's agent.

CR 06-009 : cr. Register September 2006 No. 609 , eff. 10-1-06; CR 07-061 : am. (4) (a) 1. Register June 2008 No. 630 , eff. 7-1-09; CR 07-107 : am. (1) (d) 1., (4) (b) 1., (6) (c) and (d) Register November 2008 No. 635 , eff. 12-1-08; correction in (6) (c) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; CR 11-048 : am. (3) (b) 4., (4) (a) 1. Register July 2012 No. 679 , eff. 8-1-12; CR 13-058 : am. (1) (intro.), r. (6) (a), (b) Register March 2014 No. 699 , eff. 6-1-14; CR 15-092 : am. (1) (intro.) Register July 2016 No. 727 , eff. 10-1-16.

Note

A person who sells birds or eggs under par. (c) must report the sale to the department, and must document to the buyer that the flock is enrolled under sub. (2) or (3). See sub. (7). Microsoft Windows NT 6.1.7601 Service Pack 1 A person who sells birds under par. (d) must report the sale to the department, and must document to the buyer that the birds comply with par. (d). See sub. (7). Microsoft Windows NT 6.1.7601 Service Pack 1 A flock owner may request an enrollment application form by calling [phone], by visiting the department website at http://datcp.wi.gov , or by writing to the following address: Microsoft Windows NT 6.1.7601 Service Pack 1 Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911 Microsoft Windows NT 6.1.7601 Service Pack 1 A flock owner may request an enrollment application form by calling [phone], by visiting the department website at http://datcp.wi.gov , or by writing to the following address: Microsoft Windows NT 6.1.7601 Service Pack 1 Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911 Microsoft Windows NT 6.1.7601 Service Pack 1 See disease reporting requirements under s. ATCP 10.03 . Microsoft Windows NT 6.1.7601 Service Pack 1 A person may request a reporting form under par. (a) 1. or (b) 1. by calling [phone], by visiting the department website at http://datcp.wi.gov , or by writing to the following address: Microsoft Windows NT 6.1.7601 Service Pack 1 Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911 Microsoft Windows NT 6.1.7601 Service Pack 1 For example, a "youth agricultural leader" might include a 4-H leader or FFA sponsor. Microsoft Windows NT 6.1.7601 Service Pack 1 For example, a "youth agricultural leader" might include a county fair superintendent or poultry exhibit coordinator. Microsoft Windows NT 6.1.7601 Service Pack 1