Feed for /1995/statutes/statutes/95 PDF
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.
95.67 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 employe.
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 employe" means an employe 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.
95.69(5) (5)Surcharge and past fees.
95.69(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:
95.69(5)(a)1. 1. Operated as a livestock dealer without a license in violation of sub. (2).
95.69(5)(a)2. 2. Operated an unregistered livestock vehicle in violation of sub. (7).
95.69(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).
95.69(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.
95.69(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.
95.69(7) (7)Livestock vehicle registration. No livestock dealer may operate a livestock vehicle unless the livestock vehicle is registered with the department in the name of the livestock dealer. The livestock vehicle shall be registered in the name of the livestock dealer on a form provided by the department. The registration shall include a description and the serial number of the livestock vehicle.
95.69(8) (8)Rules. The department may promulgate rules to specify license fees under sub. (4) or to regulate livestock dealers, including rules related to livestock dealer qualifications, 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.
95.69(8m) (8m)Transaction records. An auctioneer registered under ch. 480 who sells livestock and who is not required to obtain a license under this section shall make records of the sales available to the department upon request for disease investigation purposes.
95.69(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.
95.69 History History: 1993 a. 16; 1995 a. 95.
95.71 95.71 Livestock truckers.
95.71(1)(1)Definitions. In this section:
95.71(1)(b) (b) "Livestock" has the meaning given in s. 95.68 (1) (d).
95.71(1)(c) (c) "Livestock dealer" has the meaning given in s. 95.69 (1) (c).
95.71(1)(d) (d) "Livestock market" has the meaning given in s. 95.68 (1) (e).
95.71(1)(e) (e) "Livestock trucker" means a person engaged in the business of transporting for hire, by means of a livestock vehicle, livestock, except that it does not include a livestock trucker employe.
95.71(1)(f) (f) "Livestock trucker employe" means the employe of a person who holds a livestock trucker license if the employe, in the name of the licensed livestock trucker, operates a livestock vehicle which is registered by the livestock trucker and on which the name and the business address of the licensed livestock trucker are prominently displayed.
95.71(1)(g) (g) "Livestock vehicle" means any vehicle used to transport livestock.
95.71(2) (2)License. No person may operate as a livestock trucker without an annual license issued by the department. A livestock trucker license authorizes a livestock trucker to operate only those livestock vehicles that are registered by the livestock trucker under sub. (4). A license expires on June 30 annually. A livestock trucker license is not transferable.
95.71(3) (3)Application. An application for a livestock trucker license under sub. (2) shall be made on a form provided by the department. The application shall include information reasonably required by the department for licensing purposes. As part of the application, the applicant shall register every livestock vehicle operated by the applicant as provided under sub. (4). An application shall be accompanied by the applicable fees and surcharges required under subs. (5) and (6).
95.71(4) (4)Livestock vehicle registration. No livestock trucker may operate a livestock vehicle unless the livestock vehicle is registered with the department in the name of the livestock trucker. 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.
95.71(5) (5)Fees.
95.71(5)(a)(a) Unless the department specifies different fees by rule, an applicant for a livestock trucker license shall pay a fee in an amount equal to $20 plus $5 for each livestock vehicle registered with the applicant's license application under sub. (3).
95.71(5)(b) (b) If during any license year a livestock trucker registers a livestock vehicle that was not registered with the livestock trucker's annual license application under sub. (3), the livestock trucker shall, at the time of the additional registration, pay a registration fee of $5 for each livestock vehicle registered.
95.71(6) (6)Surcharge and past fees.
95.71(6)(a)(a) An applicant for a livestock trucker license 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:
95.71(6)(a)1. 1. Operated as a livestock trucker without a license in violation of sub. (2).
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?