Section 10.07. Animal imports.

 

(1)   General.

(a) Persons importing animals to this state shall comply with applicable import requirements under this chapter and ch. ATCP 12 .

(b) The state veterinarian may by written notice, or by oral notice confirmed in writing, direct a person to comply with additional import requirements if the state veterinarian determines, based on an epidemiological evaluation of current disease risks in the herd, or state or nation of origin, that those additional requirements are needed to prevent the spread of disease to this state.

(c) No person who receives a notice of an additional import requirement under par. (b) may import an animal in violation of the additional import requirement.

(2)   Import permit.

(a) Except as authorized under sub. (2m) , no person may import an animal shipment to this state without an import permit from the department, if a permit is required by this chapter or ch. ATCP 12 . The department may issue a permit in paper, verbal, or electronic form. Each permit shall be evidenced by a unique permit number that shall be recorded on the official certificate of veterinary inspection by the importer or accredited veterinarian.

(b) A permit under par. (a) is conditioned upon compliance with import requirements in this chapter and ch. ATCP 12 , and any conditions specified when the permit is issued. Noncompliance may invalidate a permit. A permit is not evidence of compliance.

(c) The department shall grant or deny a permit under par. (a) within 30 days after the department receives a complete application. The department shall send notice of its action, provide a permit number, and forward a copy of the permit if required by this chapter. The department may notify the applicant of its action by telephone, mail, or electronic transmission.

(d) An importer, or an accredited veterinarian acting on behalf of an importer, may apply for a permit under par. (a) .

(e) A permit application under par. (d) shall include all of the following information:

1. The name, address, and telephone number of the importer. If an accredited veterinarian applies on behalf of an importer, the veterinarian shall also disclose his or her name, address, and telephone number.

2. The name and address of the import recipient.

3. The number and type of animals being imported.

4. The state or nation from which the animals are being imported.

5. Other relevant information required by the department.

(em) An import permit under par. (a) expires 30 days after it is issued, unless the department specifies a different expiration date on the import permit.

(f) The department shall keep, for at least 5 years, a record of every import permit under par. (a) .

(2m)   Blanket import permit.

(a) In this subsection, "seller" means the owner of the animal being sold or the market location at which the animal is being sold, as applicable.

(b) Notwithstanding sub. (2) , a blanket import permit may be issued to an accredited veterinarian or a Wisconsin importer if an import permit cannot be properly obtained under sub. (2) for any of the following reasons:

1. A Wisconsin resident anticipates a possible purchase of one or more animals at an out-of-state farm or sale at a time the department is not open for business.

2. An accredited veterinarian at an out-of-state animal sale anticipates possible purchases of one or more animals by Wisconsin buyers at the sale at a time the department is not open for business.

3. Other circumstances approved by the department.

(c) A permit under par. (b) shall comply with this subsection, import requirements in this chapter and ch. ATCP 12 , and any conditions specified when the permit is issued. Noncompliance may invalidate a permit. A permit is not evidence of compliance.

(d) A blanket import permit application under this subsection shall include all of the following:

1. For applicants who are veterinarians:

a. The date of the sale.

b. The veterinarian's name, trade name, if applicable, address including city, state, and zip code, and telephone number.

c. The seller's name, trade name, if applicable, address including city, state, and zip code, telephone number, and livestock premises code, if known.

2. For applicants who are Wisconsin importers:

a. The approximate date of the possible purchase or import.

b. The importer's name, trade name, if applicable, address including city, state, and zip code, and telephone number.

c. The state from which a purchase may be made.

d. If known, the seller's name, trade name, if applicable, address including city, state, and zip code, telephone number, and livestock premises code.

3. For all applicants under this subsection, any other relevant information required by the department.

(e) An applicant shall receive a general import permit under sub. (2) or a blanket import permit under this subsection prior to bringing an animal into Wisconsin.

(f) The department shall grant or deny a permit under par. (b) within 30 days after the department received a complete application. The department shall send notice of its action, provide an import permit number, and forward a copy of the permit if required by this chapter. The department may notify the applicant of its action by telephone, mail, or electronic transmission.

(g) A blanket import permit under this subsection expires 30 days after it is issued, unless the department specifies a different expiration date on the import permit.

(h) On the first business day after the sale, the applicant shall submit all certificates of veterinary inspection of Wisconsin-bound animals to the department or shall notify the department that no animals from the sale will be entering Wisconsin under the blanket permit issued for that sale date.

(i) The department shall keep, for at least 5 years, a record of every blanket permit issued under this subsection.

(3)   Written permit waiving import requirements.

(a) The state veterinarian may issue a written import permit that waives import requirements for a single import shipment if the state veterinarian determines all of the following:

1. That special conditions justify the waiver.

2. That the waiver does not create an undue risk to public health, safety or welfare, or to animals or the environment.

(b) A permit under par. (a) shall identify the import shipment, the import requirements waived, and the special conditions that justify the waiver. The permit may specify alternative import requirements that the state veterinarian deems necessary.

(c) A person applying for an import permit under par. (a) shall apply in writing. The application shall explain the special conditions that justify the permit, and shall include relevant documentation requested by the department.

(d) The department shall keep, for at least 5 years, a record of every permit issued under par. (a) .

(e) A copy of the permit waiving any import requirements shall be attached to the certificate of veterinary inspection.

(4)   Federally approved livestock marketing facilities.

(a) An animal market qualifies as a federally approved livestock marketing facility, for purposes of this chapter, if all the following apply:

1. The animal market is licensed under s. ATCP 12.02 .

2. The animal market operator has a current agreement with the federal bureau under 9 CFR 71.20 .

3. The department has authorized the animal market to receive animal import shipments as a federally approved livestock marketing facility under this chapter.

4. The animal market operates in compliance with this section.

(am) A federally approved livestock marketing facility, under par. (a) , may be a federally approved tagging site if that facility has an agreement with the federal bureau under 9 CFR 86.1 .

(b) Animals of a type identified in the agreement under par. (a) 2. may be imported to the federally approved livestock marketing facility without meeting import requirements under this chapter, provided that the animals are imported in compliance with 9 CFR 71 , 78 , 79 , and 85 , and the agreement under par. (a) 2.

(c) An operator of a federally approved livestock marketing facility may not do any of the following:

1. Release any animal from that market to a Wisconsin destination unless the animal meets all applicable import requirements under this chapter.

2. Fail to disclose, to the recipient of any animal released from that market, the animal's state of origin.

(d) The operator of a federally approved livestock marketing facility shall keep all records required by this chapter, ch. ATCP 12 , and 9 CFR 71.20 . The operator shall retain the records for at least 5 years, and shall make them available to the department for inspection and copying upon request.

CR 06-009 : cr. Register September 2006 No. 609 , eff. 10-1-06; CR 07-107 : r. and recr. (4) (c) Register November 2008 No. 635 , eff. 12-1-08; CR 11-048 : am. (2) (a), (b), (c), cr. (3) (e) Register July 2012 No. 679 , eff. 8-1-12; CR 13-058 : am. (2) (a), cr. (2m) Register March 2014 No. 699 , eff. 6-1-14; correction in (1) (b) made under s. 35.17 , Stats., Register March 2014 No. 699 ; CR 15-092 : am. (4) (title), (a) (intro.), 3., cr. (4) (am), am. (4) (b), (c) (intro.), (d) Register July 2016 No. 727 , eff. 10-1-16.

Note

Whenever the state veterinarian imposes additional import requirements under par. (b), the department will determine whether those import requirements have general application. If the requirements have general application, the department will adopt an emergency rule and promulgate a permanent rule adopting the requirements. Microsoft Windows NT 6.1.7601 Service Pack 1 If the import requirements under par. (b) do not have general application, they constitute an order under s. 93.07 (10) , Stats. A person affected by the order may request a hearing under s. 227.42 , Stats., and ch. ATCP 1 . Microsoft Windows NT 6.1.7601 Service Pack 1 Whenever additional import requirements under par. (b) affect imports from an entire state or a substantial portion of a state, the department will notify the chief animal health officer in the affected state. Microsoft Windows NT 6.1.7601 Service Pack 1 An importer, or an accredited veterinarian acting on behalf of an importer, may apply for a permit in any of the following ways: Microsoft Windows NT 6.1.7601 Service Pack 1 1. By telephone to the following number: [phone]. The department may require the applicant to confirm a telephone application in writing, by mail, or electronic transmission. Microsoft Windows NT 6.1.7601 Service Pack 1 2. By fax to the following number: [phone]. Microsoft Windows NT 6.1.7601 Service Pack 13. By email to: [e-mail] . Microsoft Windows NT 6.1.7601 Service Pack 1 4. By mail 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 An applicant for a blanket import permit may apply for a permit or submit any information required for a permit in any of the following ways that best meet the established deadlines: Microsoft Windows NT 6.1.7601 Service Pack 1 1. By telephone to the following number: [phone]. The department may require the applicant to confirm a telephone application in writing, by mail, or electronic transmission. Microsoft Windows NT 6.1.7601 Service Pack 1 2. By fax to the following number: [phone]. Microsoft Windows NT 6.1.7601 Service Pack 13. By email to: [e-mail] . Microsoft Windows NT 6.1.7601 Service Pack 1 4. By mail to the following address: Microsoft Windows NT 6.1.7601 Service Pack 1 Wisconsin Department of Agriculture, Trade and Consumer Protection Microsoft Windows NT 6.1.7601 Service Pack 1 Division of Animal Health Microsoft Windows NT 6.1.7601 Service Pack 1 P.O. Box 8911 Microsoft Windows NT 6.1.7601 Service Pack 1 Madison, WI 53708-8911 Microsoft Windows NT 6.1.7601 Service Pack 1