Draft Animal Health Rule Reflects Citizen Concerns

By Joan Sanstadt, News Editor
Wednesday, November 21, 2007 10:35 AM CST

Every time the policy board of the Department of Agriculture, Trade and Consumer Protection (DATCP) meets, time is set aside on the agenda for public appearances.

Sometimes the persons who show up to address the board do so on a matter that matches an agenda item the board is considering; sometimes not.

During the past year people have expressed opinions on a variety of topics n including fees, farm-raised deer regulations, premises registration and disease concerns.

During the board’s Nov. 14 meeting via teleconference, members gave approval to a hearing draft rule related to animal health and disease control. The draft rule, which will now go out for public hearings, reflects many of the concerns citizens brought to the board during the past months.

Included in the draft rule are modifications to ATCP 10 (animal diseases and movement), ATCP 12 (animal markets, dealer and truckers) and ATCP 17 (livestock premises registration).

Fish

The proposed rule makes the emergency rule related to viral hemorrhagic septicemia (VHS) permanent and simplifies registration of fish farms.

This rule expands current VHS requirements regarding the testing of fish eggs if they are of a known VHS-susceptible species identified by USDA or if they were kept on a fish farm that received fish or fish eggs of any species collected form a wild source during the last 12 months.

DATCP estimates that VHS testing requirements under this rule will affect 30 to 40 private fish farms, not counting DNR “cooperator” fish farms registered by the DNR.

The combined total cost of all affected private fish farm operators is estimated to be about $20,000 per year.

A fish farm operator will be allowed to register two or more fish farms under a single annual registration certificate, but does not change current fish farm registration fees. Currently a separate registration certificate is required for each fish farm.

Farm-raised deer

The draft rule changes current rules related to farm-raised deer. The changes are meant to help control CWD and other diseases and make state rules consistent with federal rules.

The rule is believed to have minimal impact on most individual operators, and will reduce costs and facilitate deer farm operations in many cases. Some operators may have slightly increased costs for CWD testing, record keeping or animal identification, but testing costs may be reimbursed by USDA.

Here are the changes related to farm-raised deer:

- Requires veterinarians who perform CWD test to report test results to DATCP.

- Changes the annual expiration date for farm-raised deer herd registrations from Dec. 31 to March 31.

- Clarifies that a person may keep farm-raised deer at two or more locations identified in a single herd registration, certificate, subject to specified conditions.

- Clarifies that separately registered farm-raised deer herds may be kept at the same location, even if they are owned by different persons, subject to specified conditions.

- Modifies current CWD testing requirements to require testing for deer at least 8 months old that die in captivity, are killed or sent to slaughter. Under this rule, a test sample must be collected within 10 days after the animal expires and sent to an approved lab 10 days after collection.

- Clarifies current rules related to DATCP condemnation of diseased or suspect farm-raised deer. Under this rule, a condemnation order may specify a reasonable compliance deadline, may direct appropriate testing and disposition of carcasses and may require the herd owner or custodian to enter into a “premises plan” as a condition to the payment of state indemnities.

- Clarifies annual herd census requirements under Wisconsin’s CWD herd status program. Under this rule, an annual herd census must report apparent escapes and must explain and account for changes in herd population since the last census.

- Clarifies that a person applying to register a herd of white-tailed deer with DATCP must include, with the registration application, a copy of a valid DNR fence certificate (currently required by law) for each registered location.

- Clarifies that a person applying for a 10-year hunting preserve certificate from DATCP must include in the application an estimate of the farm-raised deer population on the hunting preserve premises (by species, age and sex). The application must also include the identification numbers of any farm-raised deer on the hunting preserve that bear identification numbers. Under this rule, all non-natural additions to a hunting preserve must have two forms of official individual identification, one visible and one implanted.

- Extends the term of a brucellosis-free herd certification, from two years to three years, so that it is consistent with the term of a tuberculosis-free herd certification. This will allow herd owners to conduct simultaneous tests for both diseases.

- Allows DATCP to extend the 15-day slaughter deadline for tuberculosis reactors by up to 30 days (current extension is for 15 days).

- Modifies current tuberculosis regulations for imports of farm-raised deer, to make them consistent with federal standards for interstate movement. This rule also eliminates current requirements for post-import testing.

- Clarifies current rules related to movement of farm-raised deer between separately registered herds in this state.

Cattle

Johne’s Disease - Under the current rule Johne’s disease test samples must be collected by an accredited veterinarian or person working under the veterinarian’s direct supervision. Under the draft rule, a milk sample for Johne’s disease testing may also be collected by a DHIA authorized technician.

This will make it easier and less costly for many dairy farmers to participate in the Johne’s disease herd testing and management program.

Tuberculosis n Current rules exempt imported bovine animals (bovine and bison) from the requirement of a pre-import tuberculosis test if the animals origin are from a state that USDA has classified as “TB-free” if that state accepts Wisconsin animals without a TB test. Under the proposed rule, the exemption does not apply if the state of origin has a confirmed TB-positive herd, until that herd is depopulated and all epidemiologically linked herds have tested negative for TB. The reason for this change is to protect Wisconsin livestock herds.

Cattle and Bison from Mexico n Under this rule, no person may import an “M-branded” bovine animal (cattle or bison) to this state, except directly to slaughter. “M-branded” animals are animals branded with the letter “M” to signify that they have been imported from Mexico. (The recent source of the outbreak of brucellosis in the U.S. has been through cattle imported from Mexico.)

Poultry

Poultry n Under the proposed rule a poultry flock owner may not enroll the flock in the national poultry improvement program, administered by DATCP, unless the flock premises have been registered under Wisconsin’s livestock premises registration program. The premises ID number must be included on the enrollment application.

No adverse effects from the rule are expected for poultry producers. It will give poultry importers more flexible import options, without weakening disease protection.

Markets, dealers and truckers

The proposed rule eliminates the current requirement for animal market operators, animal dealers and animal truckers to pass a test before being initially licensed by DATCP. It requires animal market operators, animal dealers and animal truckers to transport and handle animals in a safe and humane manner. It also clarifies animal transport vehicle registration requirements.

Official individual identification of goats that bear official individual identification will require this to be recorded by market operators, dealers and truckers.

The rule will require animal market operators, animal dealers and animal truckers to record the livestock premises code, if any, of each premises from which the operator receives to or which the operator ships livestock.

In addition operators of federally approved livestock import markets will be required to disclose to livestock recipients, the state of origin of livestock leaving the import market.

Premises registration

The changes in the current law were requested by board members because of people who expressed their religious concerns to the board. Board President Michael Dummer noted the draft rule “addresses those with religious concerns, but it does not address those with philosophical concerns.”

Dr. Paul McGraw from the DATCP’s Animal Health Division said livestock owners are not relieved from the requirement of registering their premises, “but it does exonerate them from being penalized for not registering (when the DATCP registers them). If we register them, they are eligible for state indemnity,” he added.

A board member asked that the Amish who objected to registering their premises “be notified by mail so they know about the hearings.”

Under current law, a person who keeps livestock at a location in Wisconsin is required to register that location with DATCP. To make it easier and more convenient for livestock operators to register their premises, the rule:

- Allows the DATCP to register known livestock premises if the livestock owner fails to do so. (This provision was put in the rule to address the concerns of persons whose objections were religious in nature.)

- It allows, but does not require, a license holder to register as part of the license application process.

- It extends the registration renewal period form one to three years.

Other changes

This clarifies the current prohibition against removing live animals from slaughter establishment.

It also clarifies the procedures the DATCP will use to appraise animals condemned for disease control purposes, in order to determine the amount of state indemnity payments.

In addition, the rule prohibits any person from selling, moving or disposing of an animal before the result of a disease test of that animal is known, if that disease test is required by law prior to the sale, movement or disposition.

Next steps

The DATCP will author public hearings on this rule and publish a hearing notice in the Wisconsin Administrative Register.

The hearing dates and locations have not yet been determined.

After the hearings, the department will likely incorporate hearing testimony into the draft rule and the board will be asked for its final approval before the rule will be sent to the legislature for review by appropriate legislative committees and final publication.

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