1. (1) Qualified fish health inspectors.

   1. (a) The following individuals are qualified fish health inspectors, for purposes of this subchapter, unless disqualified under par. (b):

      1. 1. A Wisconsin certified veterinarian who has completed a fish health inspection training program approved by the department.
      2. 2. For purposes of an action taken under this chapter outside this state, any accredited veterinarian.
      3. 3. An individual who is currently certified by the American fisheries society as a fish health inspector or fish pathologist, and who has completed fish health inspection training approved by the department.
      4. 4. An individual who is currently authorized by a state to conduct official fish health inspections in that state, and who has completed a fish health inspection training program approved by the department.

   2. (b) The department may for cause, by written notice and without prior notice or hearing, disqualify an individual from acting as a qualified fish health inspector under this subchapter. Cause may include a violation of this subchapter, or the issuance of unreliable health certificates under this subchapter. The state veterinarian may issue a disqualification notice on behalf of the department. The notice shall specify the cause for which it is issued.

      Note: An individual disqualified under sub. (1) (b) may request a hearing on the disqualification, pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay a summary disqualification.

2. (2) Qualified laboratories.

   1. (a) The following laboratories are qualified laboratories, for purposes of this subchapter, unless disqualified under par. (c):

      1. 1. A laboratory approved by the federal bureau for purposes of disease testing related to interstate movement of fish or fish eggs.
      2. 2. A laboratory approved by the department for purposes of disease testing related to compliance with this subchapter, including imports of fish or fish eggs.

      3. 3. A federal or state veterinary diagnostic laboratory.

         Note: You may obtain information related to qualified laboratories by contacting the department at the following address:

         Wisconsin Department of Agriculture, Trade and Consumer Protection
         Division of Animal Health
         P.O. Box 8911
         Madison, WI 53708-8911
         Phone: (608) 224-4872
         Email: datcpfishfarms@wisconsin.gov

   2. (b) A laboratory operator may request department approval under par. (a) 2. The department may require documentation to show that the laboratory is qualified to test fish and fish eggs for relevant diseases. The department shall approve or disapprove a laboratory within 30 days after the department receives the approval request or, if the department requests documentation under this paragraph, within 30 days after the department receives all of the requested documentation.

   3. (c) The department may for cause, by written notice and without prior notice or hearing, disqualify a laboratory from acting as a qualified laboratory under this subchapter. Cause may include a violation of this subchapter, a record of incorrect test results under this subchapter, or other material evidence that the laboratory is not qualified. The state veterinarian may issue a disqualification notice on behalf of the department. The notice shall specify the cause for disqualification.

      Note: The operator of a laboratory disqualified under sub. (1) (b) may request a hearing on the disqualification, pursuant to s. 227.42, Stats., and ch. ATCP 1. A request for hearing does not automatically stay a summary disqualification.

3. (3) Misrepresentation. No person may misrepresent any of the following, directly or by implication:

   1. (a) That an individual is a qualified fish health inspector.
   2. (b) That a laboratory is a qualified laboratory.
   3. (c) Any relevant matters related to a fish health inspection or laboratory test under this subchapter.

History

History: CR 06-009: cr. Register September 2006 No. 609, eff. 10-1-06.