LRB-2383/2
RCT:jlg:km
1999 - 2000 LEGISLATURE
April 27, 1999 - Introduced by Representatives Ott, Ainsworth, Brandemuehl,
Gronemus, Hahn, Johnsrud, Kreibich, Musser, Olsen, Petrowski, Rhoades,
Sykora and Vrakas, cosponsored by Senators Clausing and Schultz, by
request of Department of Agriculture, Trade and Consumer Protection.
Referred to Committee on Agriculture.
AB314,1,3
1An Act to repeal and recreate 95.195 of the statutes;
relating to: implied
2warranties concerning disease status of animals and granting rule-making
3authority.
Analysis by the Legislative Reference Bureau
Under current law, in each contract for the sale of an animal, there is an implied
warranty that the animal is not infected with paratuberculosis unless the seller
informs the buyer in writing that the animal is not warranted as being uninfected
with paratuberculosis or the seller complies with paratuberculosis testing and
disclosure requirements established by the department of agriculture, trade and
consumer protection (DATCP) by rule. Paratuberculosis is also know as Johne's
disease.
Effective July 1, 2000, this bill eliminates the current law concerning the
implied warranty that an animal is not infected with paratuberculosis. Under this
bill, in a contract for the sale of an animal of a type specified by DATCP by rule, there
is generally an implied warranty that the animal is not infected with a covered
disease unless the seller discloses in writing the management classification of the
animal's herd with respect to the covered disease and discloses that the animal is a
reactor to the disease, if that is the case. A reactor is generally an animal that reacts
positively to a test for a disease. The implied warranty does not exist if the animal
is sold directly to slaughter.
The bill requires DATCP to promulgate rules specifying the diseases covered
by the implied warranty and establishing a system for determining management
classifications for herds, as well as specifying the kinds of animals subject to the
implied warranty.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB314, s. 1
1Section
1. 95.195 of the statutes is repealed and recreated to read:
AB314,2,4
295.195 Diseases; implied warranty in sale of animals. (1) Definition. 3In this section, "covered disease" means a disease that the department specifies
4under sub. (4) (a) is covered by this section.
AB314,2,8
5(2) Warranty. Except as provided in sub. (3), in every contract for the sale of
6an animal of a type specified by the department under sub. (4) (b), there is an implied
7warranty that the animal is not infected with a covered disease unless the seller
8discloses to the buyer in writing, prior to sale, all of the following:
AB314,2,109
(a) The management classification of the animal's herd with respect to the
10covered disease.
AB314,2,1211
(b) If the animal is a reactor with respect to the covered disease, that the animal
12is a reactor.
AB314,2,14
13(3) Exception. The warranty under sub. (2) does not apply to an animal sold
14directly to slaughter.
AB314,2,15
15(4) Rules. The department shall promulgate rules that do all of the following:
AB314,2,1616
(a) Specify covered diseases.
AB314,2,1717
(b) Specify types of animals to which this section applies.
AB314,2,1918
(c) Prescribe a system for determining management classifications of herds
19with respect to covered diseases.
AB314,3,1
1(1)
This act takes effect on July 1, 2000.
