Section 10.35. Equine infectious anemia.

 

(1)   Sale of equine animal; testing required.

(a) Except as provided in par. (b) , no person may purchase, sell, or transfer ownership of any equine animal in this state unless the animal has tested negative for equine infectious anemia within 12 months from the date the blood was drawn for the test to the date of purchase, sale, or transfer and the official test report accompanies the animal.

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

1. A nursing foal accompanying its dam.

2. An equine animal sold directly to a slaughtering establishment for slaughter.

3. An equine animal consigned to an animal dealer or market for sale directly to slaughter. If the animal is not shipped directly to a slaughter establishment within 10 days after it is received at the dealer or market, it shall be tested immediately.

4. An equine animal sold to an animal market operator, provided that the animal market operator ships the animal directly to slaughter or has the animal tested for equine infectious anemia within 10 days after purchase.

(2)   Who may collect test sample. A person who collects an equine infectious anemia test sample, for purposes of this chapter or ch. ATCP 12 , shall be one of the following:

(a) An accredited veterinarian. If the veterinarian performs the test in this state, the veterinarian shall also be a Wisconsin certified veterinarian.

(b) An authorized employee or agent of the department or the federal bureau.

(3)   Sample identification and testing. A person who collects an equine infectious anemia test sample shall identify the sample with the official individual identification of the equine animal from which the sample was collected. Equine infectious anemia tests shall be conducted at a laboratory approved by the department or the federal bureau.

(4)   Test positive and exposed animals.

(a) No person may move an equine animal that tests positive for equine infectious anemia, except as provided in this section. The department shall summarily quarantine every test positive animal. The quarantine notice shall include all of the following:

1. Notice of the positive equine infectious anemia test.

2. Notice that the owner or custodian may request a retest under sub. (5) .

3. Notice that the state veterinarian may issue a branding order under sub. (6) .

4. Notice of quarantine conditions, including the conditions under pars. (e) and (f) .

(b) If the department finds that a test positive animal under par. (a) has participated in an event where it could have exposed other equine animals, the department shall notify the event sponsor. The event sponsor shall notify other event participants their animals may have been exposed.

(c) The department may summarily quarantine any of the following:

1. Equine animals kept on the same premises with a test positive animal under par. (a) .

2. Equine animals that may have been exposed to a test positive animal under par. (a) .

(d) A quarantine under par. (a) or (c) shall comply with s. ATCP 10.91 .

(e) An equine animal quarantined under par. (a) or (c) shall be kept in a stall or other facility from which flies are effectively excluded, or at least 300 yards from all equine animals that are not known to be infected.

(f) No person may move, sell, or transfer custody of an equine animal quarantined under par. (a) or (c) without a permit under s. ATCP 10.89 (6) .

(5)   Retest.

(a) The department shall retest an animal quarantined under sub. (4) (a) if, within 10 days after the quarantine notice is served, the owner of the quarantined animal files a written retest request with the department and pays a retest fee of $25. A retest request does not stay a quarantine notice under sub. (4) (a) .

(b) A veterinarian employed by the department or the federal bureau shall collect the test sample for any retest under par. (a) . The veterinarian shall verify that the retested animal is the same animal originally tested. The veterinarian shall collect the retest sample at least 14 days after the department receives the retest request, but not more than 45 days after the initial test sample was collected.

(c) If a retest result is negative, the department may do any of the following:

1. Release the quarantine issued under sub. (4) (a) .

2. Conduct additional testing to clarify the disease status of the animal.

(6)   Branding order.

(a) The state veterinarian shall issue a branding order for each test positive animal quarantined under sub. (4) (a) , unless one of the following applies:

1. The time for requesting a retest, or a hearing on the quarantine order, has not yet expired.

2. A person has made a timely request for hearing on the quarantine order, and the contested case proceeding is not yet completed.

3. A person has made a valid request for a retest under sub. (5) , and the retest is not yet completed.

4. A retest fails to confirm the initial test result.

5. The state veterinarian is restrained by a judicial order, or by order of the department secretary or administrative law judge under ch. ATCP 1 .

6. The department has released its quarantine under sub. (4) (a) .

7. The state veterinarian determines that branding is not appropriate or necessary.

(b) A branding order under par. (a) shall be served on the owner and on the custodian of the animal to be branded. A veterinarian employed by the department or the federal bureau shall execute the branding order by applying a "35a" freeze brand to the left side of the animal's neck. The veterinarian may not execute the branding order sooner than 14 days after the branding order is served on the owner and custodian of the animal, unless the owner and custodian consent in writing to the branding. No person may, except by judicial or administrative process, prevent the lawful execution of a branding order under this paragraph.

(d) An equine animal branded under par. (b) shall be kept in a stall or other facility from which flies are effectively excluded, or at least 300 yards from all equine animals that are not known to be infected.

CR 06-009 : cr. Register September 2006 No. 609 , eff. 10-1-06; CR 11-048 : am. (1) (a), r. (6) (c) Register July 2012 No. 679 , eff. 8-1-12; CR 13-058 : cons. (1) (a) (intro.) and 1. and renum. to (1) (a) and am., r. (1) (a) 2., am. (1) (b) 3. Register March 2014 No. 699 , eff. 6-1-14; CR 15-092 : am. (1) (a) Register July 2016 No. 727 , eff. 10-1-16.

Note

Equine infectious anemia is spread by biting flies. Microsoft Windows NT 6.1.7601 Service Pack 1 A person adversely affected by a quarantine under par. (a) or (c) may, within 30 days after the quarantine is served, request a hearing on the quarantine as provided in s. ATCP 10.89 (6) . A request for hearing does not automatically stay a quarantine notice. Microsoft Windows NT 6.1.7601 Service Pack 1 A person adversely affected by a branding order may request a hearing on the order, pursuant to s. 227.42 , Stats., and ch. ATCP 1 . A request for hearing does not automatically stay the branding order. Microsoft Windows NT 6.1.7601 Service Pack 1 Equine infectious anemia is spread by biting flies. Microsoft Windows NT 6.1.7601 Service Pack 1