Section 12.04. Animal truckers.

 

(1)   License required. Except as provided in sub. (2) , no person may transport livestock or wild animals for hire without an annual animal trucker license from the department. An animal market operator or animal dealer shall also hold a license under this section if that animal market operator or animal dealer transports livestock or wild animals for hire. If the animal trucker keeps livestock on premises owned or controlled by the animal trucker, the license shall bear a livestock premises code issued to the animal trucker under s. ATCP 17.02 (7) . An annual license under this section expires on June 30 and is not transferable.

(2)   License exemptions. No license is required under sub. (1) for any of the following:

(a) A person who transports livestock or wild animals solely as an employee of an animal trucker licensed under sub. (1) , in a vehicle that the licensed animal trucker has registered under s. ATCP 12.045 .

(b)

1. A person who is solely engaged in transporting livestock or wild animals that he or she owns.

2. A person who transports livestock or wild animals solely as an employee of a person who owns those animals.

(c) A person who is solely engaged in the following activities:

1. Hauling animals on an occasional basis for persons participating in a livestock exhibition, fair, trail ride, youth livestock event, or similar activity.

2. Hauling animals on an incidental basis in connection with another business, such as a veterinary practice or a stable operation, which is operated by that person and which does not ordinarily involve the sale of animals.

(d) A person who solely transports livestock or wild animals from out of state to a Wisconsin slaughtering establishment and does not transport any Wisconsin origin animals to any location in this state or out of this state.

(3)   License application. A person shall apply for a license under sub. (1) on a form provided by the department. The application shall include all of the following:

(a) The person's legal name, and any trade names under which the person does business as an animal trucker.

(b) Each address from which the person does business as an animal trucker.

(c) An annual registration application, under s. ATCP 12.045 (2) , for each animal transport vehicle that the person operates.

(d) The fees required under sub. (4) and s. ATCP 12.045 (3) .

(dm) Additional information, if any, required under s. ATCP 17.02 (4) for purposes of livestock premises registration.

(e) Other relevant information required by the department for licensing purposes.

(4)   Fees.

(a) A person shall pay a basic nonrefundable annual license fee of $60 for a license under sub. (1) .

(b) A person shall pay a license fee surcharge of $100 if the department determines that, within 365 days prior to submitting a license application under sub. (3) , the person operated as an animal trucker without a license in violation of sub. (1) .

(c) A person who is required to pay a license fee surcharge under par. (b) shall also pay any license fee that is due under this subsection for the license year in which the person violated sub. (1) .

(d) Payments under pars. (b) and (c) do not relieve a person of other civil or criminal liability that may result from a violation of sub. (1) , nor do they constitute evidence of a violation of sub. (1) .

(6)   Action on license application. The department shall grant or deny a license application within 30 business days after the applicant submits a complete application under sub. (3) .

(7)   Denying, suspending, or revoking a license. The department may deny, suspend, or revoke an animal trucker license for cause, pursuant to s. 93.06 (7) , Stats. Cause may include any of the following:

(a) Violation of ch. 95 , Stats. , ch. ATCP 10 , or this chapter.

(b) Violation of any lawful order of the department.

(c) Violation of any provision of ch. 951 , Stats. , prohibiting crimes against animals.

(d) Preventing a department employee from performing his or her official duties, or interfering with the lawful performance of his or her duties.

(e) Physically assaulting a department employee while the employee is performing his or her official duties.

(f) Improper or unauthorized use of any official tag, brand, or tattoo.

(g) Refusal or failure, without just cause, to produce records or respond to a department subpoena.

(h) Payment of an application fee with a worthless check.

(8)   Animal trucker responsibilities. An animal trucker shall do all of the following:

(a) Maintain, equip, and operate animal transport vehicles in compliance with s. ATCP 12.045 .

(b) Identify animals in compliance with s. ATCP 12.05 .

(c) Keep records in compliance with s. ATCP 12.06 .

(d) Transport and handle animals in a safe and humane manner.

(e) Install and use equipment necessary to transport and handle downer animals in a humane manner, as required by s. ATCP 12.07 , if the animal trucker transports downer animals.

(f) Provide adequate food, water, shelter, bedding, and pen space for all animals held more than 12 hours.

(g) Notify the department of any address change within 10 days.

(8m)   Reinspection.

(a) The department may charge, to the holder of a license under this section, a reinspection fee of $150 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter, or ch. 95 , Stats. , noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter.

(b) A reinspection fee under par. (a) is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal trucker.

(9)   Prohibited conduct.

(a) No animal trucker may cause or permit different species of animals to be commingled on the same animal transport vehicle or enclosure.

(b) No animal trucker may transport diseased or downer animals with healthy animals on the same animal transport vehicle, unless the entire load is transported directly to a slaughter establishment. If downer animals and other animals are transported to a slaughter establishment in the same animal transport vehicle, the downer animals shall be segregated, or separated by a rigid barrier, from the other animals to prevent injury.

History: Cr. Register, December, 1990, No. 420 , eff. 1-1-91; r. and recr. (1), (2), (4) (a), (5), cr. (2m), (2r), (2w), am. (3) (g), (4) (b), (d), r. (6), Register, March, 1995, No. 471 , eff. 4-1-95; am. (2m) (a), (b), (d) and (e), Register, May, 1999, No. 521 , eff. 6-1-99; r. (2) (c) and (2r) (c), am. (2r) (b), Register, November, 2000, No. 539 , eff. 12-1-00; CR 03-121 : r. and recr. Register September 2004 No. 585 , eff. 10-1-04; CR 04-103 : am. (1) and cr. (3) (dm) Register September 2005 No. 597 , eff. 10-1-05; CR 06-009 : am. (2) (c) 3., (4) (a), (c) and (7) (a) Register September 2006 No. 609 , eff. 10-1-06; CR 07-061 : am. (4) (a) Register June 2008 No. 630 , eff. 7-1-09; CR 07-107 : r. (2) (c) 3. and (5) Register November 2008 No. 635 , eff. 12-1-08; correction in (6) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; CR 11-048 : cr. (2) (d), (8m) Register July 2012 No. 679 , eff. 8-1-12; CR 15-092 : renum. (2) (b) to (2) (b) 1., cr. (2) (b) 2., am. (9) (a), (b) Register July 2016 No. 727 , eff. 10-1-16.

Note

A person may obtain an application form under sub. (3) 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