Section 10.22. Bovine animals; imports.

 

(1)   Certificate of veterinary inspection.

(a) Requirement. Except as provided in par. (b) , no person may import a bovine animal into this state unless a valid certificate of veterinary inspection accompanies the animal. The certificate shall include all of the following information:

1.

a. The official individual identification of all bovine animals except steers imported from a brucellosis-free state or nation, or from a brucellosis class A state, if that state or nation is also an accredited tuberculosis-free state or nation and the certificate of veterinary inspection clearly identifies the shipment destination and the number of animals included in the shipment.

b. Notwithstanding the exception in subd. 1. a. , a certificate of veterinary inspection under this section shall include the official individual identification of steers imported for rodeos, recreational events, shows, or exhibitions.

2. A report of any negative brucellosis test required under sub. (2) .

3. A report of any negative tuberculosis test required under sub. (5) .

4. A Wisconsin import permit number, if an import permit is required under sub. (3) or (5) .

5. If the animal is imported to an approved import feed lot, the feed lot permit number assigned to that feed lot under sub. (9) .

6. Any other information required under this section.

(b) Exemptions. A certificate of veterinary inspection is not required under par. (a) for any of the following:

1. An animal imported directly to a slaughtering establishment or an intermediate livestock handling facility, approved under sub. (10) , for slaughter.

2. An animal imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4) .

3. An animal imported directly to a veterinary facility for treatment, provided that all of the following apply:

a. The animal is returned to its place of origin immediately following treatment.

b. There is no change of ownership while the animal is in this state.

c. The animal is not required to be tested under s. ATCP 10.22 (2) or 10.22 (5) .

4. An animal returning directly to its place of origin in this state following treatment in a veterinary facility outside this state, provided that the animal was shipped directly to the veterinary facility and there was no change of ownership while the animal was outside the state for veterinary treatment.

(2)   Brucellosis test.

(a) Requirement . Except as provided in par. (b) , no person may import a bovine animal into this state unless the animal tests negative on a pre-import brucellosis test. Except as provided in par. (c) , the pre-import brucellosis test shall be conducted not more than 30 days before the animal enters this state.

(b) Exemptions. Paragraph (a) does not require a pre-import brucellosis test for any of the following animals:

1. An animal imported directly to a slaughtering establishment for slaughter.

2. An animal originating from a brucellosis-free state or nation, unless testing is required under s. ATCP 10.07 (1) (b) .

3. An animal originating from a certified brucellosis-free herd.

4. An animal imported directly to a federally approved livestock marketing facility under s. ATCP 10.07 (4) .

5. A steer or official spayed heifer.

6. A calf under 6 months old originating from a brucellosis class A state.

7. An official vaccinate under 20 months old originating from a brucellosis class A state.

8. Feeder cattle originating from a brucellosis class A state that are imported directly to an approved import feed lot.

(c) Test method. A laboratory approved by the department or the federal bureau shall conduct a brucellosis test under par. (a) . The laboratory shall conduct the test using the tube, plate, or buffered acidified plate antigen (BAPA) test method, or another test method approved by the department.

(3)   Import from brucellosis class B or C states.

(a) Import permit required. Except as provided in par. (b) , no person may import a bovine animal originating from a brucellosis class B or C state unless the department issues a permit under s. ATCP 10.07 (2) authorizing that import shipment.

(b) Exceptions. Paragraph (a) does not apply to any of the following:

1. An animal imported directly to a slaughtering establishment for slaughter.

2. An animal originating from a certified brucellosis-free herd.

3. A steer or official spayed heifer.

(4)   Brucellosis reactors; import restricted. No person may import a brucellosis reactor into this state, except that a reactor originating from an adjacent state may be imported directly to a slaughtering establishment for slaughter if all the following apply:

(a) The department issues an import permit under s. ATCP 10.07 (2) that identifies the animal as a brucellosis reactor imported for slaughter.

(b) Brucellosis reactors from this state may be imported to that adjacent state for slaughter under equivalent terms and conditions.

(5)   Tuberculosis test .

(a) Requirement. Except as provided in par. (b) , no person may import a bovine animal into this state unless the animal tests negative on a pre-import tuberculosis test. The pre-import tuberculosis test shall be conducted not more than 60 days before the animal enters this state.

(b) Exemptions. Paragraph (a) does not require a pre-import tuberculosis test for any of the following:

1. An animal imported directly to a slaughtering establishment for slaughter.

3. Feeder cattle imported directly to an approved import feed lot.

4. An animal originating from an accredited tuberculosis-free state or nation unless the state veterinarian requires a tuberculosis test under s. ATCP 10.07 (1) (b) .

5. An animal originating from an accredited tuberculosis-free herd if the animal is accompanied by a certificate of veterinary inspection that includes the tuberculosis-free herd certification number of the herd of origin and the date on which the herd of origin was last tested for tuberculosis.

6. Veal calves that qualify under par. (c) .

(c) Veal calves. Veal calves qualify for the exemption under par. (b) 6. if all of the following apply:

1. The veal calves are imported solely for feeding prior to slaughter.

2. The veal calves are less than 30 days old on the import date.

3. The veal calves are confined to the premises at which they are first received in this state, until they are shipped to slaughter.

4. The veal calves, when shipped to slaughter, are accompanied by a completed federal bureau form VS 1-27 or by a department permit under s. ATCP 10.08 (3) .

5. An import permit under s. ATCP 10.07 (2) authorizes the import shipment.

(6)   Imports from tuberculosis modified accredited states or modified accredited zones.

(a) Import requirements. Except as provided in par. (g) , no person may import a bovine animal originating from a tuberculosis modified accredited state or a modified accredited zone in a state which has split multiple tuberculosis statuses as determined by USDA, other than a bovine animal imported directly to a slaughtering establishment for slaughter, unless all of the following apply:

1. The animal is imported pursuant to an import permit under s. ATCP 10.07 (2) .

2. The animal is accompanied by a valid certificate of veterinary inspection under par. (b) .

3. The animal originates from a herd that has tested negative on a whole herd tuberculosis test, unless the animal is a veal calf that is exempt under par. (f) . The whole herd test shall be conducted within 12 months prior to the import date, and shall include every animal in the herd that is at least 12 months old.

4. The animal has tested negative on a tuberculosis test conducted within 60 days prior to the import date.

5. The animal is not imported to an animal market.

(b) Certificate of veterinary inspection. A certificate of veterinary inspection under par. (a) 2. shall include all of the following information:

1. The import permit number under s. ATCP 10.07 (2) .

2. The negative whole herd tuberculosis test result, if any, required under par. (a) 3.

3. The individual test result required under par. (a) 4.

4. The official individual identification number of the imported animal.

(c) Post-import testing. The owner of a bovine animal imported to this state from a tuberculosis modified accredited state shall have the animal tested for tuberculosis not less than 60 days nor more than 90 days after it is imported. This testing requirement does not apply to any of the following:

1. Feeder cattle that are exempt under par. (e) .

2. Veal calves that are exempt under par. (f) .

3. Bovine animals imported pursuant to the requirements in par. (g) .

(d) Post-import confinement. Bovine animals imported from a tuberculosis modified accredited state may not be removed from the premises at which they are first received in this state unless one of the following applies:

1. The animals test negative for tuberculosis under par. (c) .

2. The animals are shipped directly from the premises to a slaughtering establishment for slaughter.

3. The animals were imported directly to a show or exhibition in this state, and are returned directly from that show or exhibition to their state of origin.

(e) Feeder cattle; exemption from post-import testing. Paragraph (c) does not apply to feeder cattle imported solely for feeding prior to slaughter if all of the following apply:

1. The feeder cattle are confined to the premises at which they are first received in this state, until they are shipped to slaughter.

2. The feeder cattle, when shipped to slaughter, are accompanied by a completed federal bureau form VS 1-27 or by a department permit under s. ATCP 10.08 (3) .

(f) Veal calves; exemption from source herd testing and post-import testing. Paragraphs (a) 3. and (c) do not apply to veal calves imported solely for feeding prior to slaughter, if all of the following apply:

1. The veal calves are less than 30 days old on the import date.

2. The veal calves are confined to the premises at which they are first received in this state, until they are shipped to slaughter.

3. The veal calves, when shipped to slaughter, are accompanied by a completed federal bureau form VS 1-27 or by a department permit under s. ATCP 10.08 (3) .

(g) Bovine animals from an accredited free zone. No person may import bovine animals from an accredited free zone in a state which has split multiple tuberculosis statuses as determined by USDA unless all of the following apply:

1. The state which has split multiple zones as determined by USDA requires all bovine animals to be identified with a USDA approved electronic official individual identification number before the animals leave the farm of origin.

2. The animals are accompanied by a valid certificate of veterinary inspection that includes all of the following:

a. The official individual identification number of each of the animals.

b. A statement that the animals have tested negative on a tuberculosis test within 60 days prior to the import date, or the animals originate from a tuberculosis accredited free herd or the animals are feeder cattle imported directly to an approved import feed lot.

(7)   Tuberculosis reactors and suspects; import restricted.

(a) Tuberculosis reactors. No person may import a tuberculosis reactor into this state, except that a tuberculosis reactor may be imported directly to a slaughtering establishment for slaughter if the department issues an import permit under s. ATCP 10.07 (2) that identifies the animal as a tuberculosis reactor imported for slaughter.

(b) Tuberculosis suspects. No person may import a tuberculosis suspect into this state until the suspect status is resolved, except that a tuberculosis suspect may be imported directly to a slaughtering establishment for slaughter if the department issues a written import permit under s. ATCP 10.07 (2) that identifies the animal as a tuberculosis suspect imported for slaughter.

(7m)   M-branded bovines; import restricted. No person may import an M-branded bovine animal into this state unless the bovine animal is imported directly from Mexico or goes directly to a slaughter facility. If a bovine animal is imported directly from Mexico, the complete destination herd must be quarantined upon arrival of the M-branded animal and the herd will remain quarantined until the imported bovine animal is negative on a tuberculosis test conducted not sooner than 60 days after the date of importation into the state.

(8)   Johne's disease reactors; import. No person may import to this state a bovine animal that is a Johne's disease reactor unless the animal is imported in compliance with 9 CFR 80 .

(9)   Approved import feed lot.

(a) Permit . The department may issue an annual permit designating a feed lot as an approved import feed lot for purposes of this section. A permit expires on June 30 annually.

(b) Permit application. To obtain an approved import feed lot permit, a feed lot operator shall submit an application on a form provided by the department. The application shall identify the location of the feed lot by street address and county, or if the address is not available, by county, town, and section, and shall include other relevant information required by the department, including the feed lot's livestock premises code under ch. ATCP 17 . The application shall include a nonrefundable fee of $140. The department shall grant or deny a permit application within 30 days after a complete application is filed with the department.

(c) Requirements. An approved import feed lot shall meet all of the following requirements:

1. Feeder cattle shall be enclosed so they cannot commingle with any other cattle on the premises.

2. Feeder cattle may not share feeding or watering facilities with other animals.

3. The feed lot shall be devoid of vegetation.

4. All feeder cattle, except steers and official spayed heifers, shall have official individual identification.

(d) Removing feeder cattle. Except as specifically authorized by the department in writing, no feeder cattle may be removed from an approved import feed lot except to a licensed slaughtering establishment for slaughter.

(e) Records. The operator of an approved import feed lot shall keep complete and accurate records of all feeder cattle entering and leaving the feed lot. The operator shall retain the records for at least 5 years after the feeder cattle leave the feed lot, and shall make them available for inspection and copying by the department upon request. Records shall include all of the following:

1. A record of each feeder cattle shipment received, including the date of receipt, the number of feeder cattle included in the shipment, the official individual identification of each animal included in the shipment, the name and address of the shipper, and the address from which the shipment originated. No official individual identification record is required for steers and official spayed heifers.

2. A record of each feeder cattle shipment leaving the feed lot, including the date of shipment, the number of feeder cattle included in the shipment, the official individual identification of each animal included in the shipment, and the name and address of the person receiving the shipment. No official individual identification record is required for steers and official spayed heifers.

3. A record of any feeder cattle that died at the feed lot, including each animal's official individual identification and date of death. No official individual identification record is required for a steer or official spayed heifer.

(10)   Intermediate livestock handling facility; facility approval; movement permit.

(a) Definition. In this subsection, "shipment" means one or more truckloads of cattle from the same source premises which are transported on the same day for delivery to the same intermediate handling facility prior to slaughter.

(b) Facility approval required. The department may issue an approval designating a facility as an approved intermediate livestock handling facility for purposes of this section. No facility may be approved as an intermediate livestock handling facility unless the operator of the facility holds an agreement with the federal bureau for a livestock facility at that location for handling livestock in interstate commerce pursuant to 9 CFR 71 , 75 , 78 , 79 , and 85 (January, 2011).

(c) Facility approval application. To obtain approval for an intermediate livestock handling facility, a facility operator shall submit an application on a form provided by the department. The application shall identify the location of the facility to be approved by street address and county, or if the address is not available, by county, town, and section, and shall include other relevant information required by the department, including the facility's livestock premises code under ch. ATCP 17 . The department shall grant or deny an application within 60 days after a complete application is filed with the department. The department may conduct any inspections it deems necessary.

(d) Facility requirements. An approved intermediate livestock handling facility shall meet all of the following requirements:

1. Cattle may not be held more than 7 days at the facility and ownership of the cattle may not be transferred by the operator during that 7 days.

2. Cattle transported in vehicles closed with official seals may not enter the facility.

3. Cattle may not enter the facility except pursuant to a movement permit issued under par. (f) .

4. Cattle may not be released from the facility except pursuant to the movement permit issued under par. (f) and may only be released directly to slaughter at the original slaughter destination facility listed in the movement permit.

5. Each shipment of cattle shall be kept separated, in pens, from other shipments of cattle while in the intermediate livestock handling facility. No cattle may be added to a pen holding cattle from a separate shipment delivered to the facility under a separate movement permit.

6. The approved intermediate livestock handling facility premises shall be medically separated from any premises or pens holding breeding or feeder cattle.

7. Serviceable cleaning and disinfecting equipment shall be furnished, maintained, and used as necessary in the facility.

8. A sign shall be posted at all facility entrances and exits stating: "All cattle entering this facility are only released directly to slaughter."

9. The operator of an intermediate livestock handling facility shall keep complete and accurate records of all cattle entering and leaving the facility organized by movement permit number. The operator shall retain the records for at least 5 years after the cattle leave the facility, and shall make the records available for inspection and copying by the department or the federal bureau upon request. Records shall include all of the following:

a. A record of each cattle shipment received, including the date of receipt, the number of cattle in the shipment, the name and address of the shipper, the name and address from which the shipment originated, any official individual identification of any animal in the shipment, any documents related to any animal in the shipment, and the movement permit number issued under par. (f) .

b. A record of each bovine animal leaving the facility, including the date the animal left, the number of cattle included in the truckload, the name and address of the shipper, the name and address of the person receiving the cattle, any official individual identification of any bovine animal in the truckload, and the movement permit number issued under par. (f) .

c. A record of any cattle that died in the facility, including the date of death, any official individual identification on the animal that died, any document related to the animal that died including necropsy or test result reports, the movement permit number under which the animal entered the facility, and the final disposition of the carcass.

(e) Movement permit. No person may move animals into or out of an approved intermediate livestock handling facility except pursuant to a movement permit from the department under par. (f) .

(f) Movement permit application. To obtain a movement permit, a facility operator shall submit an application on a form provided by the department. The application shall be submitted to the department before any animals listed in the permit application are delivered to the facility. The application shall include the name and street address of the approved intermediate livestock handling facility accepting delivery of the cattle shipment, the breed and quantity of animals in the shipment, the name and street address of the origin of the shipment, the name and street address of the slaughtering establishment destination for the shipment, and the name and address of the shipper. The operator of the facility may make the application by fax or email. The permit shall be evidenced by a unique movement permit number. The department may issue the movement permit number in paper, verbal, or electronic form. The movement permit number shall be recorded on the movement permit by the department or the facility operator, as applicable.

CR 06-009 : cr. Register September 2006 No. 609 , eff. 10-1-06; CR 07-061 : am. (9) (b) Register June 2008 No. 630 , eff. 7-1-09; CR 07-107 : r. and recr. (5) (b) 4., cr. (7m), am. (9) (b) Register November 2008 No. 635 , eff. 12-1-08; CR 11-048 : am. (1) (b) 1., 3., (3) (a), r. (5) (b) 2., am. (5) (b) 4. b., cr. (5) (c) 5., am. (6) (title), (a) (intro.), cr. (6) (c) 3., (6) (g), am. (9) (c) 4., cr. (9) (e) (title), (10) Register July 2012 No. 679 , eff. 8-1-12; CR 13-058 : renum. (1) (a) 1. to (1) (a) 1. a. and am., cr. (1) (a) 1. b., am. (10) (a), (d) 9. b. Register March 2014 No. 699 , eff. 6-1-14; correction in (1) (a) 1. b. made under s. 13.92 (4) (b) 7. , Stats., Register March 2014 No. 699 ; correction in (9) (e) 3. made under s. 35.17 , Stats., Register March 2014 No. 699 ; CR 15-092 : am. (1) (a) 5., (b) 2., (2) (b) 4., 8., (5) (b) 3., consol. (5) (b) 4. (intro.) and (a) and renum. to (5) (b) 4. and am., r. (5) (b) 4. b., am. (6) (g) 2. b., (7m), (9) (title), (a), (b), (c) (intro.), 3., (d), (e) (intro.) 2., 3., (10) (c) Register July 2016 No. 727 , eff. 10-1-16.

Note

Under federal regulations on interstate shipment of steers, beef steers are not required to have official individual identification, but dairy class steers are required to have official individual identification. See 9 CFR 86.1 . Federal regulations also require that any certificate of veterinary inspection accompanying a steer in interstate movement contain the following statements, if applicable: Microsoft Windows NT 6.1.7601 Service Pack 1 • " All dairy class steers in this shipment are officially identified." Microsoft Windows NT 6.1.7601 Service Pack 1 • "All beef steers in this shipment are exempt from official identification requirements." Microsoft Windows NT 6.1.7601 Service Pack 1 ATCP 10.07 (4) (c) prohibits the operator of a federally approved livestock marketing facility from releasing an imported bovine animal to a location in this state unless the animal meets bovine import requirements under this chapter. Animals shipped directly to slaughter are exempt from certain import requirements that would otherwise apply. Microsoft Windows NT 6.1.7601 Service Pack 1 Federal bureau form VS 1-27 must be completed by an accredited veterinarian, an authorized state animal health official, or the federal bureau. Microsoft Windows NT 6.1.7601 Service Pack 1 USDA rules for interstate shipment of animals may specify a different time period for tuberculosis testing prior to interstate shipment. An importer must comply with USDA rules. However, compliance with USDA rules does not excuse a violation of subd. 4. Microsoft Windows NT 6.1.7601 Service Pack 1 Federal bureau form VS 1-27 must be completed by an accredited veterinarian, an authorized state animal health official, or the federal bureau. Microsoft Windows NT 6.1.7601 Service Pack 1 Federal bureau form VS 1-27 must be completed by an accredited veterinarian, an authorized state animal health official, or the federal bureau. Microsoft Windows NT 6.1.7601 Service Pack 1 Currently, USDA has approved a 15-digit eartag, starting with the US code "840", which is an electronic form of official individual identification. Microsoft Windows NT 6.1.7601 Service Pack 1 A feed lot is not required to hold an approved import feed lot permit under this subsection. However, feeder cattle imported directly to an approved import feed lot are exempt from certain import restrictions and pre-import testing requirements, as provided in this section. Microsoft Windows NT 6.1.7601 Service Pack 1 A person may obtain an import feed lot 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 person may obtain an intermediate livestock handling facility 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 person may obtain a movement permit 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