Section 10.04. Disease tests.

 

(1)   Duty to report test results.

(a) A veterinarian, qualified fish health inspector, certified veterinary technician, qualified chronic wasting disease test sampler, or DHIA technician who tests an animal in this state for any of the following diseases shall report the test results to the department, regardless of whether the test result is positive or negative:

1. Brucellosis.

2. Johne's disease.

3. Pseudorabies.

4. Tuberculosis.

5. Chronic wasting disease.

6. Viral hemorrhagic septicemia.

(b) A person under par. (a) shall report a positive test result for any disease under par. (a) within the time period and by the method specified for that disease in s. ATCP 10.03 .

(c) A person under par. (a) shall report a negative test result for any disease under par. (a) within 10 days after receiving that test result. The person shall report the negative test result in writing, by e-mail, or fax.

(d) A person under par. (a) is not required to report diseases under par. (a) if the laboratory analyzing the test sample reports the test result to the department according to this subsection.

(e) A test result report under this subsection shall include the official individual identification of the animal to which the test result pertains. If the animal has no official individual identification, the person under par. (a) who collected the test sample shall identify the animal with an official individual identification.

(2)   Duty to assist department. An owner or custodian of animals shall make those animals available to the department, at the department's request, for any disease testing that the department is authorized to perform on those animals. The owner or custodian shall restrain the animals, as necessary, to facilitate testing and protect the safety of the animal and the persons performing the testing.

(3)   Presumption. For purposes of ch. 95 , Stats. , this chapter, and ch. ATCP 12 , a laboratory test result is rebuttably presumed to be valid if the department or the federal bureau has approved or certified the laboratory to perform that type of test.

(4)   Department ordered testing. If an animal is moved or imported without being tested according to this chapter or may be exposed to a disease identified in ch. ATCP 10 Appendix A or ch. ATCP 10 Appendix B , the department may order the testing performed, or may order that an authorized employee or agent of the department or the federal bureau perform the testing, at the owner's expense. Testing completed under a department order does not relieve any person from other penalties or remedies that may apply because of the illegal import or movement.

CR 06-009 : cr. Register September 2006 No. 609 , eff. 10-1-06; CR 07-107 : am. (1) (title) and (a) (intro.), cr. (1) (a) 5. and 6. Register November 2008 No. 635 , eff. 12-1-08; CR 11-048 : am. (4) Register July 2012 No. 679 , eff. 8-1-12; correction in (4) made under s. 13.92 (4) (b) 7. , Stats., Register April 2013 No. 688 ; CR 13-058 : am. (1) (a) (intro.), (b) to (e) Register March 2014 No. 699 , eff. 6-1-14; correction in (1) (a) made under s. 35.17 , Stats., Register March 2014 No. 699 .