Feed for /1999/statutes/statutes/95 PDF
95.49(2) (2) Animals moved to the premises of a livestock market or dealer pursuant to the exemption from brucellosis test in sub. (1) (e) or (1m) (e) may be removed only in compliance with the brucellosis test requirements in sub. (1) or (1m).
95.49(2m) (2m) The department may promulgate emergency rules upon the outbreak in this state of brucellosis to prevent the movement and sale of cattle unaccompanied by reports of complete negative brucellosis tests.
95.49(3) (3) This section shall not be construed to authorize the movement of any animals in violation of any other provision of this chapter or of any quarantine or animal health regulation issued by the department as authorized by law.
95.50 95.50 Disposition of carcasses.
95.50(1) (1) No person shall deposit or throw or allow to be deposited or thrown into any stream, lake or swale, or leave or deposit or cause to be left or deposited upon any public highway or other place the carcass of any animal; nor deposit or leave or permit to be deposited or left upon any premises under that person's control any dead animal exposed in such manner as to be reached by dogs or wild animals for a longer period than 24 hours in the months of April to November, or 48 hours during the months of December to March. The owner of such a carcass or any other person may report to the proper county officials or the contracting private rendering plant pursuant to s. 59.54 (21) for removal and burial or other disposition of a carcass within the time specified in this subsection.
95.50(2) (2) No person shall transport, haul or drag or permit to be transported, hauled or dragged along any public highway in this state the carcass of any animal suspected of having died from anthrax, blackleg, foot and mouth disease, sleeping sickness or glanders or any other disease which the department may designate as highly dangerous. All such carcasses shall be burned or be buried at least 6 feet below the surface of the ground and shall be completely covered so as to prevent their being reached by wild animals or dogs. Whenever it is necessary to transport any such carcass across any public highway for burial, it shall be transported in such manner as not to contaminate any part of the public highway. The carcasses of animals dying from other communicable diseases may be transported to and disposed of under such regulations as are prescribed by the department. The definition of "communicable disease" in s. 990.01 (5g) does not apply to this subsection.
95.50(3) (3) Any dead animal found upon a public highway or other public place shall, in case the owner of the animal cannot be found, be buried or otherwise disposed of at public expense by the local health department, as defined in s. 250.01 (4) (a) 1. or 3. or (b), in whose jurisdiction the animal is found. This subsection applies if a county does not exercise its authority under s. 59.54 (21).
95.50(4) (4) In a county which does not exercise its authority under s. 59.54 (21), the owner of a carcass is obligated to dispose of it as specified in this section.
95.50 History History: 1981 c. 291; 1981 c. 391 s. 210; 1993 a. 27, 492; 1995 a. 201.
95.55 95.55 Farm-raised deer; registration.
95.55(1) (1)Registration.
95.55(1)(a)(a) Except as provided in par. (b), no person may keep farm-raised deer unless the person is registered with the department under this section.
95.55(1)(b) (b) Establishments licensed under s. 97.42 may keep live farm-raised deer for slaughtering purposes for up to 72 hours without being registered under this section.
95.55(2) (2)Application. A person shall register under this section using a form provided by the department. The form shall be accompanied by the fee specified under sub. (3).
95.55(3) (3)Fee. The department shall, by rule, specify the fee for registration under this section.
95.55(4) (4)Animal handling facilities. A person required to register under this section shall provide animal handling facilities to ensure the safety of farm-raised deer during handling and of the persons handling the farm-raised deer.
95.55 History History: 1995 a. 79.
95.60 95.60 Importing fish; fish farms.
95.60(1) (1) In this section:
95.60(1)(a) (a) "Fish farm" means a facility at which a person hatches fish eggs or rears fish for the purpose of introduction into the waters of the state, human or animal consumption, permitting fishing, use as bait or fertilizer or any other purpose specified by the department by rule or for sale to another person to rear for one of those purposes.
95.60(1)(b) (b) "Waters of the state" has the meaning given in s. 281.01 (18).
95.60(2) (2)
95.60(2)(a)(a) No person may bring any fish or fish eggs into this state for the purpose of introduction into the waters of the state, of use as bait or of rearing in a fish farm without an annual permit issued by the department.
95.60(2)(b) (b) No person may bring any fish or fish eggs of the family salmonidae into this state for the purpose of introduction into the waters of the state unless the fish are certified, as provided in the rules promulgated under sub. (4s) (d), to be free of the diseases specified under sub. (4s) (d).
95.60(2)(c) (c) The department may require a person who is subject to par. (a) or (b) to notify the department before bringing fish or fish eggs into this state.
95.60(2)(d) (d) The department of natural resources is exempt from par. (a).
95.60(3) (3) A person who operates a fish farm shall obtain an annual health certificate from a veterinarian licensed under ch. 453 or from a person who is qualified to issue fish health certificates under sub. (4s) (c) for any fish eggs present or any fish reared on the fish farm, except that a fish farm operator who does not sell, distribute or release live fish or fish eggs from the fish farm may rely upon health certificates under this subsection that are obtained by the person from whom the fish farm operator receives fish or fish eggs.
95.60(3m) (3m) A person who operates a fish farm shall annually register the fish farm with the department. The person registering the fish farm shall provide evidence of the health certificate required under sub. (3) and shall identify the activities that will be engaged in, the species of fish that will be used and the facilities that will be used on the fish farm.
95.60(4) (4)
95.60(4)(a)(a) The department shall inspect a fish farm upon initial registration under sub. (3m). The department may inspect a fish farm at any other time.
95.60(4)(b) (b) The department may inspect fish and fish eggs subject to subs. (2) and (3) and the rules under sub. (4s) (b) to ensure the health of the fish and fish eggs. The inspection may include removal of reasonable samples of the fish and fish eggs for biological examination.
95.60(4)(c) (c) A person who operates a fish farm shall keep records on purchases, sales and production of fish and fish eggs and any other records required by the department by rule. The department may inspect these records upon request.
95.60(4m) (4m) The department shall maintain a registry of fish farms.
95.60(4s) (4s) The department shall do all of the following:
95.60(4s)(a) (a) In consultation with the department of natural resources, promulgate rules specifying requirements for the labeling and identification, in commerce, of fish reared in fish farms.
95.60(4s)(b) (b) In consultation with the department of natural resources, promulgate rules specifying fish health standards and requirements for certifying that fish meet those standards for the purpose of s. 29.736.
95.60(4s)(c) (c) In consultation with the department of natural resources, promulgate rules specifying the qualifications that a person who is not a veterinarian must satisfy in order to issue fish health certificates.
95.60(4s)(d) (d) In consultation with the department of natural resources, promulgate rules specifying diseases and requirements for certifying that fish are free of those diseases for the purposes of sub. (2) (b).
95.60(4s)(e) (e) Promulgate rules establishing the period for which a record required under sub. (4) (c) must be retained.
95.60(5) (5) The department shall, by rule, specify the fees for permits, certificates, registration and inspections under this section.
95.60(6) (6)
95.60(6)(a)(a) No person, except the department of natural resources, may rear lake sturgeon in a fish farm.
95.60(6)(c) (c) The department, in consultation with the department of natural resources, shall study regulatory options that would enable commercial rearing of lake sturgeon while protecting the wild lake sturgeon population. The department shall submit the results of the study to the legislature under s. 13.172 (2) no later than December 31, 2000.
95.60(7) (7) Any information kept by the department that identifies the type or number of fish or fish eggs bought, raised or sold by a privately owned fish farm or the supplier or purchaser of those fish or fish eggs is not subject to inspection or copying under s. 19.35 (1) except as the department determines is necessary to protect fish health or prevent the spread of disease.
95.60 History History: 1997 a. 27, 237; 1999 a. 32.
95.67 95.67 Proper use of animal care and disease control products. No person may use chemical, biological or disease control products in the treatment or care of food producing animals without substantially complying with instructions, warnings and directions for use on the product label. No animal or food product including milk of the animal shall be marketed for processing or use as food prior to the time specified on the label of a product used in the treatment or care of the animal. This section applies neither to licensed veterinarians who prescribe or administer drugs in conformity with federal restrictions nor to persons using drugs in a manner prescribed by a licensed veterinarian. This section shall not prevent a farmer from administering animal disease control products to livestock in compliance with instructions on the product label.
95.67 History History: 1971 c. 240.
95.68 95.68 Livestock markets.
95.68(1)(1)Definitions. In this section:
95.68(1)(a) (a) "Equine animal" means a horse, mule, zebra, donkey or ass.
95.68(1)(b) (b) "Equine market" means a livestock market that is open to the public solely for the purpose of trading in equine animals.
95.68(1)(d) (d) "Livestock" means bovine animals, sheep, goats, swine, farm-raised deer and equine animals.
95.68(1)(e) (e) "Livestock market" means any premises which are open to the public for the purpose of trading in livestock and on which facilities are maintained for their yarding, feeding and watering prior to sale.
95.68(1)(f) (f) "Livestock vehicle" has the meaning given in s. 95.71 (1) (g).
95.68(2) (2)License. Except as provided in sub. (2m), no person may operate a livestock market without an annual license from the department. A livestock market license expires on June 30 annually. A separate license is required for every livestock market. A license is not transferable between persons or locations.
95.68(2m) (2m)Exception. A person is not required to obtain a license under sub. (2) to operate an occasional auction sale sponsored by a livestock breeder association or a youth agricultural organization if records of the transactions at the sale are maintained by an auctioneer registered under ch. 480 or by a livestock dealer licensed under s. 95.69.
95.68(3) (3)Application. An application for a license under sub. (2) shall be made on a form provided by the department and shall include information reasonably required by the department for licensing purposes. An application shall be accompanied by the applicable fees and surcharges required under subs. (4) and (5).
95.68(4) (4)Fees. Unless the department specifies a different fee by rule, the fee for a livestock market license is the following amount:
95.68(4)(a) (a) For a livestock market that is not an equine market and that conducted sales at the market on at least 5 days during the year immediately preceding the year for which the license is issued, $150.
95.68(4)(b) (b) For a livestock market that is not an equine market and that conducted sales on fewer than 5 days during the year immediately preceding the year for which the license is issued, $75.
95.68(4)(c) (c) For a livestock market other than one described in par. (a) or (b), $100.
95.68(5) (5)Surcharge and past fees.
95.68(5)(a)(a) An applicant for a license under sub. (2) shall pay a license fee surcharge of $100 if the department determines that within 365 days prior to submitting the license application the applicant did any of the following:
95.68(5)(a)1. 1. Operated a livestock market without a license in violation of sub. (2).
95.68(5)(a)2. 2. Operated an unregistered livestock vehicle in violation of sub. (7).
95.68(5)(b) (b) In addition to the surcharge under par. (a), an applicant for a license under sub. (2) shall pay the fees due for the year in which the applicant was in violation of sub. (2) or (7).
95.68(5)(c) (c) The payment of the surcharge and fees under this subsection does not relieve the applicant of other civil or criminal liability that may result from the failure to obtain a license or from the operation of an unregistered livestock vehicle, but does not constitute evidence of a violation of a law.
95.68(6) (6)License contingent on fees. The department may not issue or renew a license under sub. (2) unless the applicant pays all fees and surcharges that are due under subs. (4) and (5) as set forth in a statement from the department. The department shall refund a fee or surcharge paid under protest if the department determines that the fee or surcharge was not due as a condition of licensing under this section. If a fee or surcharge is paid by check, a license issued in reliance upon that check is void if the check is not honored.
95.68(7) (7)Livestock vehicle registration. No livestock market operator may operate a livestock vehicle unless the livestock vehicle is registered with the department in the name of the livestock market operator. The livestock vehicle shall be registered on a form provided by the department. The registration shall include a description and the serial number of the livestock vehicle.
95.68(8) (8)Rules. The department may promulgate rules to specify license fees under sub. (4) or to regulate the operation of livestock markets, including rules related to market operator qualifications, market construction and maintenance, construction and maintenance of livestock vehicles, identification of livestock vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.
95.68(9) (9)Penalties. A person conducting a business regulated by this section after revocation of his or her license shall be fined not less than $500 nor more than $1,000 or imprisoned not to exceed 6 months or both.
95.68 History History: 1993 a. 16; 1995 a. 79, 95.
95.69 95.69 Livestock dealers.
95.69(1)(1)Definitions. In this section:
95.69(1)(b) (b) "Livestock" has the meaning given in s. 95.68 (1) (d).
95.69(1)(c) (c) "Livestock dealer" means a person who, as principal or agent, engages in the business of buying for resale or for slaughter, selling or exchanging livestock. "Livestock dealer" does not include any of the following:
95.69(1)(c)1. 1. A livestock dealer employee.
95.69(1)(c)2. 2. The operator of a farm who sells livestock if the operator keeps them on the farm solely for dairy, breeding or feeding purposes and the operator is not otherwise engaged in the business of buying them for resale, slaughter, sale or exchange.
95.69(1)(c)3. 3. An auctioneer registered under ch. 480 who conducts any of the following:
95.69(1)(c)3.a. a. A farm sale at which no livestock is sold on a consignment basis.
95.69(1)(c)3.b. b. A sale conducted at a state, county or district fair or a breeder association show.
95.69(1)(c)3.c. c. A sale conducted by a youth agricultural organization.
95.69(1)(d) (d) "Livestock dealer employee" means an employee of a licensed livestock dealer, who does business in the name of the licensed livestock dealer.
95.69(1)(e) (e) "Livestock market" has the meaning given in s. 95.68 (1) (e).
95.69(1)(f) (f) "Livestock vehicle" has the meaning given in s. 95.71 (1) (g).
95.69(2) (2)License. No person may operate as a livestock dealer without an annual license from the department, except that no license is required of a person licensed as a livestock market operator under s. 95.68. A livestock dealer license expires on June 30 annually. A livestock dealer license is not transferable.
95.69(3) (3)Application. An application for a license under sub. (2) shall be made on a form provided by the department and shall include information reasonably required by the department for licensing purposes. An application shall be accompanied by the applicable fees and surcharges required under subs. (4) and (5).
95.69(4) (4)Fees. Unless the department specifies a different fee by rule, the fee for a livestock dealer license is $75.
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This is an archival version of the Wis. Stats. database for 1999. See Are the Statutes on this Website Official?