University of Vermont AAHS

Wisconsin Equine Infectious Anemia Regulations

 

WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF AGRICULTURE, TRADE & CONSUMER PROTECTION
CHAPTER ATCP 10. ANIMAL DISEASES
SUBCHAPTER II. GENERAL PROVISIONS

 

ATCP 10.40 Equine infectious anemia; testing.
(1) Who may test. A person performing an equine infectious anemia test under this chapter, ch. ATCP 11 or 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) A veterinarian employed by the department or the federal bureau.

(2) Sample identification. The veterinarian who draws the blood sample for an equine infectious anemia test shall identify the sample with the official individual identification of the equine animal from which the sample was collected. The identification shall accompany the blood sample submitted for testing.

 

ATCP 10.41 Equine infectious anemia; quarantine.
(1) Test positive animal. (a) Quarantine. The department shall summarily quarantine every animal that tests positive on an infectious anemia test. The quarantine notice shall comply with. ATCP 10.70 and shall also 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. (4).
3. Notice that the state veterinarian may order the animal to be branded under sub. (7).
(b) Notification; participation or show event coordinator If the department determines that an infected animal participated in performance or show events, the department shall notify the event sponsor that an infected animal was present at the event. The event sponsor shall notify other participants that their animals may have been exposed.

(2) Exposed animals; quarantine. If an equine animal tests positive for equine infectious anemia, the department shall summarily quarantine all of the equine animals kept at the premises where that animal is normally housed. The quarantine shall comply with  ATCP 10.70.

(3) Hearing request. A person adversely affected by a quarantine under sub. (1) or (2) may, within 30 days after the quarantine is served, request a hearing on the quarantine as provided under  ATCP 10.70 (6). A request for hearing does not automatically stay a quarantine notice.

(4) Retesting upon request. The department shall retest an animal quarantined under sub. (1) if, within 10 days after the quarantine notice is served, the department receives a written request for a retest from the owner or custodian of the quarantined animal. A request for a retest does not stay a quarantine notice under sub. (1). A retest fee of $25.00 shall be charged to the owner or custodian who requested the retest.

(5) Retest procedure. If an equine animal is retested under sub. (4), a state or federal veterinarian shall positively identify the retested animal as being the same animal originally tested. The state or federal veterinarian who identifies the retested animal shall draw the blood sample for the retest. The blood sample for the retest shall be drawn not less than 14 days after the department receives the written request nor more than 45 days after the blood sample for the initial test was drawn.

(6) Quarantine release based on retest. If a retest under sub. (4) indicates that the original test result may have been a false positive, the department may release the quarantine issued under sub. (1). The release of a quarantine under sub. (1) does not prevent the department from issuing a quarantine under sub. (2) for the same animal if the 45 day time period under sub. (2) has not yet expired.

(7) Order to brand test positive animal. The state veterinarian shall, by written notice, order that a test positive animal quarantined under sub. (1) be branded under sub. (8). The order shall be served on the owner and on the custodian of the animal to be branded. The state veterinarian shall not issue a branding order under this subsection if any of the following apply:
(a) The time for requesting a hearing or retest under sub. (3) or (4) has not yet elapsed.
(b) A hearing has been requested under sub. (3) and the contested case proceeding is not yet completed.
(c) A retest has been requested under sub. (4) and has not yet been completed.
(d) A retest has failed to confirm the initial test result that prompted the quarantine.
(e) The state veterinarian is restrained by a judicial order, or by order of the department's secretary or hearing examiner under ch. ATCP 1.
(f) The department has released its quarantine under sub. (1).
(g) The state veterinarian determines that branding is not appropriate or necessary.

(8) Branding test positive animals. (a) A state or federal veterinarian shall execute a branding order under sub. (7) by applying a "35a" freeze brand to the left side of the animal's neck. A branding order may not be executed under this paragraph sooner than 14 days after the order is served on the owner and custodian of the animal, unless the owner and custodian consent in writing to have the animal branded at an earlier date.

(b) An equine animal branded under this section is quarantined to the extent provided under sub. (9) (a), but is no longer quarantined under sub. (1).

(c) No person may, except by judicial or administrative process, prevent a state or federal veterinarian from executing a branding order in compliance with this subsection.

(9) Quarantine terms and conditions. (a) An equine animal quarantined under sub. (1), (2) or (8) (b) shall be kept in a tightly screened stall that is secure against the movement of flies, or shall be kept a minimum of 300 yards from other equine animals not known to be infected with equine infectious anemia.
(b) No person may move, sell or transfer custody of an equine animal quarantined under sub. (1), (2) or (8) (b), without a permit from the department. The department shall grant or deny the permit within 5 days after the permit is requested.

 

ATCP 11.30 Equine animals; import.
(1) Certificate of veterinary inspection. (a) Requirement. Except as provided in pars. (b) to (e), no person may import an equine animal into this state unless the animal is accompanied by a valid certificate of veterinary inspection. The certificate shall comply with  ATCP 11.02 and shall include all the following:
1. The official individual identification of the equine animal.
2. A report of a negative test for equine infectious anemia if required by sub. (2).
(b) Animal imported for slaughter. Paragraph (a) does not apply to an equine animal imported directly to a slaughtering establishment for slaughter.
(c) Animal imported to livestock market. Paragraph (a) does not apply to an equine animal imported directly to a livestock market licensed under. ATCP 12.02 if any of the following apply:
1. The animal is shipped directly to a slaughtering establishment, for slaughter, within 10 days after it arrives at the livestock market and before it is commingled with any equine animal that is not shipped to slaughter.
2. A Wisconsin certified veterinarian issues a certificate of veterinary inspection for the equine animal before the animal leaves the livestock market or is commingled with any other equine animal at the market. The certificate shall include a report of a negative test for equine infectious anemia if a test is required under sub. (2).
(d) Animal imported for, or returned from, veterinary treatment. Paragraph (a) does not apply to any of the following:
1. An equine animal that is imported directly to a veterinary facility for treatment, provided that the animal is returned to its place of origin immediately after treatment.
2. An equine animal returning to its place of origin in this state immediately after treatment in a veterinary facility outside this state.
(e) Animal imported for trail ride, horse show or exhibition. Paragraph (a) does not apply to an equine animal imported for a trail ride, horse show or exhibition if all the following apply:
1. Ownership does not change while the animal is in this state.
2. The animal remains in this state for no more than 7 days.
3. The animal is accompanied by a report of a negative equine infectious anemia test conducted in compliance with sub. (2).
4. The animal originates from a state that allows Wisconsin equine animals to attend trail rides, horse shows or exhibitions in that state under similar conditions.

(2) Equine infectious anemia; test. (a) Requirement. Except as provided in pars. (b) to (e), no person may import any equine animal into this state unless one of the following applies:
1. The animal tested negative on an equine infectious anemia test conducted during the calendar year in which the animal is imported into this state.
2. The animal is imported on or before January 31 of any calendar year and the animal tested negative for equine infectious anemia during the preceding calendar year.
(b) Nursing foal. Paragraph (a) does not apply to a nursing foal accompanying its dam.
(c) Animal imported to livestock market. Paragraph (a) does not apply to an equine animal imported directly to a livestock market licensed under  ATCP 12.02, provided that one of the following applies:
1. The equine animal is shipped directly to a slaughtering establishment, for slaughter, within 10 days after it arrives at the livestock market and before it is commingled with any other animal that is not shipped to slaughter.
2. The livestock market operator has the animal tested for equine infectious anemia within 10 days after it arrives at the market, and obtains the test results before the animal leaves the livestock market and before it is commingled with any other equine animal at the livestock market.
(d) Animal imported for, or returned from, veterinary treatment. Paragraph (a) does not apply to any of the following:
1. An equine animal that is imported directly to a veterinary facility for treatment, provided that the animal is returned to its place of origin immediately after treatment.
2. An equine animal returning to its place of origin in this state immediately after treatment in a veterinary facility outside this state
(e) Animal imported under written permit. The department may issue a written permit under   ATCP 11.03, authorizing the permit holder to import an equine animal before that person obtains the results of an equine infectious anemia test under par. (a). The department shall include the following conditions in the import permit:
1. An equine infectious anemia test sample shall be collected before the animal is imported.
2. The animal shall be confined to the premises at which the animal is first received in this state until the test results are known. The animal may not be commingled with any other equine animals on the premises during that confinement period.
(3) Equine infectious anemia; test positive animals. (a) No person may import an equine animal that has tested positive for equine infectious anemia.
(b) If an equine animal tests positive for equine infectious anemia under sub. (2) (c) or (e) after it enters this state, the owner or custodian of the animal shall do one of the following:
1. Euthanize the animal on the premises where it is located.
2. Ship the animal directly to a slaughtering establishment for slaughter, with department approval under ATCP 10.41 (9) (b).
3. Return the animal to its state of origin, with department approval under ATCP 10.41 (9) (b).

 

ATCP 11.33 Movement sale or transfer of animals infected with equine infectious anemia.
No person may knowingly move or transfer custody of an animal that has tested positive for equine infectious anemia, or that is subject to a quarantine under ATCP 10.41, without first obtaining a permit from the department. The department shall grant or deny a permit application within 5 days after the department receives a complete application in writing.

 
Reviewed by AAHS in October 2001.


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