1. (1) Who may test or collect samples.

   1. (a) A person who performs a tuberculosis test or who collects a sample for any other tuberculosis test on an animal for purposes of this chapter or ch. ATCP 12, shall have completed department-approved training on tuberculosis testing or tuberculosis sample collection within 5 years prior to the test date and shall be one of the following:

      1. 1. An accredited veterinarian. If the veterinarian performs the test on an animal in this state, the veterinarian shall also be a Wisconsin certified veterinarian.
      2. 2. An authorized employee or agent of the department or the federal bureau that is directly supervised by a veterinarian employed by the state of Wisconsin, as authorized by the state veterinarian, or employed by the federal bureau.
   2. (b) Only a veterinarian approved by the department or an employee of the department or federal bureau may conduct confirmatory tuberculosis testing on any animal under this chapter or ch. ATCP 12.
2. (2) Testing approval. A person, under sub. (1), may not perform a tuberculosis test on or collect a test sample from any animal from a quarantined or known infected herd, except with the department’s approval.

3. (3) Test reporting. A person, under sub. (1), who performs a tuberculosis test on an animal in this state, or collects a tuberculosis test sample from an animal in this state, shall report the test result to the department according to s. ATCP 10.04 (1).

   Note: A test report must include the animal’s official individual identification. If the animal has no official individual identification, it must be applied prior to collecting the test sample. See s. ATCP 10.04 (1) (e).

4. (4) Test positive animal; movement restricted. No person may sell or move an animal that tests positive on any tuberculosis test until one of the following occurs:

   1. (a) The department determines that the animal is not a tuberculosis suspect or reactor.
   2. (b) The animal is classified as a tuberculosis reactor and treated as determined by the department.
5. (5) Test positive animal; further testing and classification. Whenever the department receives a positive tuberculosis test report under sub. (3), the department or the federal bureau shall conduct confirmatory testing to determine whether the animal is a tuberculosis suspect or reactor. The department or the federal bureau shall test and classify animals according to the tuberculosis uniform methods and rules for the species of animal tested, when applicable. For species that are not covered by the tuberculosis uniform methods and rules, the department and federal bureau shall determine animal classification.

6. (6) Tuberculosis reactors.

   1. (a) Within 15 days after the department or the federal bureau classifies an animal as a tuberculosis reactor, the department shall quarantine the animal and require additional testing or measures to control or eradicate the disease.
   2. (b) The department may extend a deadline under par. (a) for good cause, but may not extend a deadline under par. (a) by more than 15 days without federal bureau approval.

   3. (c) An owner of an animal raised primarily to produce food for human consumption may request an indemnity under s. 95.25 (5), Stats., for a tuberculosis reactor slaughtered under par. (a). The animal owner shall file the request with the department, on a form provided by the department. An animal owner does not qualify for an indemnity if the owner fails to comply with pars. (a) and (b).

      Note: The tuberculosis uniform methods and rules apply to cattle, bison and farm-raised deer and are on file with the department and the legislative reference bureau. Copies may be obtained from the USDA website at: www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth. Copies may also be obtained by written request made to the following address:

      Wisconsin Department of Agriculture, Trade and Consumer Protection

      Division of Animal Health

      P.O. Box 8911

      Madison, WI 53708-8911

History

History: CR 15-092: cr. Register July 2016 No. 727, eff. 10-1-16; CR 18-085: cr. (5), (6) Register May 2020 No. 773, eff. 6-1-20.