95.26
95.26
Brucellosis control program. 95.26(1)
(1) In order to detect and control bovine brucellosis the department shall conduct milk and cream tests and blood tests as provided in this section. Milk and cream shall be tested by the brucellosis ring test, hereafter referred to as the B.R.T. test. Blood shall be tested by blood serum agglutination or other test methods approved by the department, hereafter referred to as the brucellosis test.
95.26(2)
(2) All milk and cream received at every dairy plant shall be tested at not more than 6-month intervals by the B.R.T. test, and brucellosis tests shall be applied promptly to cattle when the milk or cream therefrom discloses a positive reaction to the B.R.T. test or to cattle and American bison when other indications of possible infection are disclosed. All cattle and American bison, except steers and spayed heifers, shall be subject to the brucellosis test, but official vaccinates not older than the maximum age prescribed by rules of the department need not be tested except when deemed necessary by the department or the attending veterinarian. Brucellosis tests and official vaccination provided for in this section shall be performed by a veterinarian approved by the department. When brucellosis tests are not conducted by any such veterinarian within 15 days of the date notice to test is mailed to the cattle or American bison owner, the department shall conduct such tests. Except where compensated by the federal government, approved veterinarians performing testing and vaccination under this section shall be paid by the state at uniform rates established by the department. Blood samples drawn for the brucellosis test shall be submitted to the department promptly for laboratory examination.
95.26(3)
(3) If the existence of brucellosis within the state results in the termination of its status as a certified brucellosis-free area by the U.S. department of agriculture, the department shall request the release of funds by the joint committee on finance from the appropriation under
s. 20.865 (4) (a) to pay for official vaccination, as provided in
s. 95.46 (2), of all female calves located within any county where the incidence of brucellosis disqualifies it for such designation.
95.26(4)
(4) Cattle and American bison which are classified as "reactors" to the brucellosis test (whether or not conducted pursuant to this section) shall be slaughtered. A report of any test disclosing reactors shall be mailed to the owner thereof. The reactors shall be identified by a reactor tag and permanent mark as prescribed by the department. The owner shall effect slaughter of the reactors within 15 days of the date they are so identified, except that the department, for cause shown, may extend such time an additional 15 days. In the event the owner of reactors shall fail to comply with this subsection within the time limited, the department shall cause the removal and slaughter of such reactors. No indemnity shall be paid on any reactors disposed of by the department. No milk shall be sold from any reactors or from any herd of cattle in which reactors are kept contrary to the provisions of this section.
95.26(5)
(5) When reactors to any brucellosis test are disclosed in a herd of cattle or American bison the department shall quarantine the entire herd by serving written notice thereof, either personally or by mail, on the owner or person in charge, but such quarantine shall not be imposed if the department, upon the basis of the clinical history of the herd with respect to brucellosis and the recommendation of the attending veterinarian, determines it is improbable that the cattle or American bison will contract brucellosis. No cattle or American bison subject to the quarantine shall be removed from the premises where the cattle or American bison are quarantined, except upon written permit of the department. The quarantine shall remain in full force until removed by the department. Such retests shall be conducted as the department finds necessary to eliminate all reactors or other evidence of infection in the herd.
95.26(5m)(a)(a) The department may obtain blood or tissue samples from swine and farm-raised deer to test for brucellosis.
95.26(5m)(b)
(b) The department may condemn swine and farm-raised deer that are reactors to the brucellosis test and may quarantine the herd from which the reactors come.
95.26(6)
(6) The department may acquire, equip and maintain laboratories, including mobile units and promulgate rules and regulations not inconsistent with law so as to effectively execute its functions under the brucellosis control program.
95.26(7)
(7) For each animal condemned and slaughtered, unless otherwise provided by law, the owner shall receive and, upon certificate of the department, the state shall pay two-thirds of the difference between the net salvage and the appraised or agreed value of the animal, but such payment shall not exceed $300 for an animal. With the consent of the owner the department may condemn, in infected herds, animals which have been exposed and which are suspected of being infected, although such animals have not reacted to the brucellosis tests.
Effective date note
NOTE: Sub. (7) is amended eff. 11-1-97 by
1995 Wis. Act 450 to read:
95.26 Note
(7) For each animal of a species raised primarily to produce food for human consumption, including farm-raised deer, condemned and slaughtered, except as provided in ss. 95.36 and 95.48, the owner shall receive and, upon certificate of the department, the state shall pay two-thirds of the difference between the net salvage value and the appraised value of the animal, but the payment may not exceed $1,500 for an animal. With the consent of the owner the department may condemn, in infected herds, animals which have been exposed and which are suspected of being infected, although the animals have not reacted to the brucellosis tests.
95.27
95.27
Pseudorabies control program; indemnities. 95.27(1)(1) In order to detect, control and eradicate pseudorabies the department shall obtain blood or tissue samples from Wisconsin swine on a systematic basis. The department shall test the samples for pseudorabies.
95.27(2)
(2) In the eradication and control of pseudorabies, the department may, whenever such action is necessary to prevent or reduce the spread of disease, quarantine or condemn and order the destruction of any swine which in the opinion of the department are infected with or have been exposed to pseudorabies.
95.27(3)
(3) The department may enter into cooperative agreements with the federal government or any department or other agency for the control and eradication of pseudorabies in this state, including the payment of indemnities authorized under this section.
95.27(4)
(4) Subject to
sub. (5), the department shall indemnify from state or federal funds the owner of swine that have been condemned and destroyed under this section. The department shall pay to the owner for each animal destroyed the difference between the net salvage and the appraised value of the animal. State payments shall be made from the appropriation under
s. 20.115 (2) (b).
Effective date note
NOTE: Sub. (4) is amended eff. 11-1-97 by
1995 Wis. Act 450 to read:
95.27 Note
(4) Subject to sub. (5) and s. 95.36, the department shall indemnify the owner of swine that have been condemned and destroyed under this section. The department shall pay to the owner for each animal destroyed the difference between the net salvage value and the appraised value of the animal, but the payment may not exceed $1,500 for an animal. State payments shall be made from the appropriation under s. 20.115 (2) (b).
95.27(5)
(5) Indemnities may not be paid under this section unless the owner of affected swine enters into, and acts in accordance with, an agreement with the department for the eradication of pseudorabies. An agreement entered into under this section shall contain a plan for the eradication of pseudorabies and shall be based upon scientifically accepted methods. The department shall monitor the implementation of an agreement to determine compliance and to determine whether the agreement needs to be modified.
95.27(6)
(6) The owner of any swine affected by this section may appeal an order made under this section by filing with the department a request for a hearing under
s. 93.18 within 5 days after receipt of notice of the order.
95.27(7)
(7) A person in control of any premises on which swine have died of pseudorabies shall promptly dispose of the carcasses as provided under
s. 95.50 or have the carcasses removed by a renderer licensed under
s. 95.72.
95.27(8)
(8) The department may adopt rules that are necessary to administer this section.
95.30
95.30
Disposal of animals infected with tuberculosis. The owner of cattle or farm-raised deer tested and found to be afflicted with bovine tuberculosis shall ship them under the direction of the department to some place designated by it for immediate slaughter under U.S. government inspection, or under the inspection approved by the department.
95.30 History
History: 1995 a. 79.
95.31
95.31
Condemnation of diseased animals. 95.31(1)
(1) The department shall have general power and authority to condemn and order the slaughter or destruction of animals affected with or exposed to contagious and infectious diseases as necessary to prevent or control the spread of dangerous diseases among domestic animals of this state. The department shall pay indemnities to the owners of animals condemned and destroyed as provided in this chapter.
95.31(2)
(2) Whenever it is deemed necessary by the department to condemn diseased animals, the department shall, in all cases where the payment of indemnities is authorized under this chapter, appraise the condemned animals and agree in writing with the owner as to the value of the animals condemned or destroyed. In the absence of an agreement with the owner, written notice of the condemnation shall be given to the owner, his or her agent or the person in charge of the animals, and to the circuit court of the county in which the animals are located. The notice shall include the number and description of the animals and the name of the owner.
Effective date note
NOTE: Sub. (2) is amended eff. 11-1-97 by
1995 Wis. Act 450 to read:
95.31 Note
(2) Whenever the department determines that it is necessary to condemn diseased animals, the department shall, in all cases where the payment of indemnities is authorized under this chapter, appraise the condemned animals as provided in s. 95.32 and shall notify the owner in writing of the appraised value. The notice shall include the number and description of the animals and the name of the owner.
95.31(3)
(3) In addition to the indemnities for specific animal diseases provided under
ss. 95.25,
95.26,
95.27 and
95.35 or under special emergency programs, the department shall pay indemnities on livestock condemned and destroyed because of unknown or unidentified contagions or infections, the cause or nature of which cannot be fully determined at the time of condemnation. Indemnities for unknown or unidentified diseases shall be equal to the difference between net salvage and appraised or agreed values, but not to exceed $600. As used in this subsection, "livestock" means bovines, equines, swine, sheep, goats, poultry and farm-raised deer.
Effective date note
NOTE: Sub. (3) is amended eff. 11-1-97 by
1995 Wis. Act 450 to read:
95.31 Note
(3) In addition to the indemnities for specific animal diseases provided under ss. 95.25, 95.26 and 95.27 or under special emergency programs and subject to s. 95.36, the department shall pay indemnities on livestock condemned and destroyed because of other diseases if the condemnation and destruction is necessary to protect public health or the livestock industry. The indemnity under this subsection shall be two-thirds of the difference between net salvage value and appraised value, but may not exceed $1,500 for an animal. As used in this subsection, "livestock" means animals of species raised primarily to produce food for human consumption, including farm-raised deer.
95.31(4)
(4) In the event of a major or serious outbreak of dangerous diseases affecting the health of domestic animals requiring special control measures, the department may request the joint committee on finance to release funds appropriated under
s. 20.115 (2) (b) as needed to conduct emergency control programs independently or in cooperation with federal or local units of government and to pay indemnities on animals condemned and slaughtered or destroyed under the emergency control programs. For all indemnities paid under this subsection, the state shall pay two-thirds of the difference between the net salvage and the appraised value of an animal, except that no payment may exceed the maximum amount prescribed by the department for the species type of the destroyed animal.
Effective date note
NOTE: Sub. (4) is amended eff. 11-1-97 by
1995 Wis. Act 450 to read:
95.31 Note
(4) In the event of a major or serious outbreak of dangerous diseases affecting the health of domestic animals requiring special control measures, the department may request the joint committee on finance to release funds appropriated under s. 20.115 (2) (b) as needed to conduct emergency control programs independently or in cooperation with federal or local units of government and, subject to s. 95.36, to pay indemnities on animals of species raised primarily to produce food for human consumption, including farm-raised deer, condemned and slaughtered or destroyed under the emergency control programs. For all indemnities paid under this subsection, the state shall pay two-thirds of the difference between the net salvage value and the appraised value of an animal, except that no payment may exceed $1,500 for an animal.
95.32
95.32
Valuation; appraisers; fees. 95.32(1)
(1) Notice given under
s. 95.31 (2) shall be entered on the court record and the circuit court shall immediately notify the owner, agent or possessor of the animals and summon 3 disinterested citizens of the county not residents of the immediate neighborhood in which the animals are owned or kept to appraise the value of the animals. Every appraiser shall have had experience in the raising and care of livestock and shall be familiar with the value of livestock and competent to appraise the livestock. The appraisers shall, before entering upon the discharge of their duties, be sworn by the circuit court to make a true appraisal without prejudice or favor of the market value of the animals. The appraisers shall immediately make a verified report to the circuit court giving the number of animals appraised and the value of each, and if slaughtered on the premises, the appraisers shall certify in their return that they saw the appraised animals slaughtered.
95.32(3)
(3) The appraisers shall receive $10 a day for each day actually employed as such, which shall be paid out of the county treasury upon the certificate of the circuit court by whom they were summoned. Officers who perform any duty hereunder shall have the same fees as are allowed by law in circuit courts, and shall be paid by the county in which their services are performed.
Effective date note
NOTE: This section is repealed and recreated eff. 11-1-97 by
1995 Wis. Act 450 to read:
95.32 Note
95.32 Appraised value. (1) The department shall determine the appraised value of an animal that is destroyed under s. 95.21 (4) (b), 95.25, 95.26, 95.27 or 95.31 (3) or (4) if the animal's owner is eligible for an indemnity.
95.32 Note
(2) Except as provided in sub. (3), the appraised value for an animal that is of an animal type that is frequently sold at public auction shall equal the average price paid for a commercial grade animal of the same animal type at public auction sales during a period specified by the department.
95.32 Note
(3) The appraised value of a registered purebred animal of an animal type that is frequently sold at public auction shall equal 125% of the amount determined under sub. (2) for that animal type.
95.32 Note
(4) Using a method specified under sub. (5) (c), the department shall determine the appraised value of an animal of an animal type that is not frequently sold at public auction.
95.32 Note
(5) (a) The department shall promulgate rules specifying animal types for the purposes of this section. The animal types may be based on characteristics of animals that include species, gender and age. The rules shall specify whether each animal type is frequently sold at public auction.
95.32 Note
(b) The department shall promulgate rules specifying the period of public auction sales that will be used in the appraisal of each animal type to which sub. (2) applies. The period may not begin more than 6 months before the date on which the department makes the appraisal.
95.32 Note
(c) The department shall promulgate rules specifying methods for determining the appraised value of animals of animal types that are not frequently sold at public auction. The methods shall be as consistent as possible with the method under sub. (2).
95.33
95.33
Tubercular animals that do not react. Whenever in the opinion of the department a bovine or farm-raised deer is afflicted with tuberculosis, although failing to react to the tubercular test, such animal shall be condemned and the appraisal and all subsequent procedure shall be the same as in the case of reactors.
95.33 History
History: 1995 a. 79.
95.34
95.34
Slaughter on premises. The slaughter of diseased animals on the premises of the owner shall be made under the supervision and direction of the department or an assistant. If upon inspection of the carcass it is found, according to rules of inspection of the U.S. department of agriculture, to be unfit for human food, the inspector shall destroy it or cause it to be buried and covered with a sufficient quantity of lime to destroy it. The hide shall be disinfected and otherwise cared for according to said rules. If the carcass is fit to be used for human food it may be disposed of in accordance with the provisions made by the department.
95.34 History
History: 1975 c. 308.
95.35
95.35
Scrapie eradication: indemnities. 95.35(1)
(1) In the eradication and control of scrapie, the department may, whenever such action is necessary to prevent or reduce the spread of the disease, condemn and order the destruction of any sheep or goats which in the opinion of the department are infected with or have been exposed to scrapie and pay indemnities to the owner of the animals under this section.
95.35(2)
(2) With the consent of the owner, the department may condemn sheep or goats reasonably suspected of being infected with scrapie or of having been exposed to scrapie where any danger of infection or reinfection exists.
95.35(3)
(3) The department may enter into cooperative agreements with the federal government or any department or other agency for the control and eradication of scrapie in this state, including the sharing of payments for indemnities authorized by this section.
Effective date note
NOTE: Sub. (3) is amended eff. 11-1-97 by
1995 Wis. Act 450 to read:
95.35 Note
(3) The department may enter into cooperative agreements with the federal government or any department or other agency for the control and eradication of scrapie in this state.
95.35(4)
(4) The department shall appraise all animals condemned and destroyed under this section according to current market values and the state shall pay the owner two-thirds of the difference between the appraised value and any indemnity received from the federal government, but such payment may not exceed $150 for an animal. No payment may be made under this section unless the owner has received, or will receive, a federal indemnity for the destroyed animal.
Effective date note
NOTE: Sub. (4) is repealed eff. 11-1-97 by 199t Wis. Act 450.
95.35(5)
(5) The owner of any sheep or goats affected by this section may appeal from any order or appraisal made under this section by filing with the department a request for a hearing under
s. 93.18 within 5 days after receipt of notice of the order or appraisal.
Effective date note
NOTE: Sub. (5) is repealed eff. 11-1-97 by 199t Wis. Act 450.
95.35(6)
(6) Every person in control of premises on which sheep or goats have died of scrapie shall promptly bury or dispose of the carcasses in accordance with rules prescribed by the department.
95.35 History
History: 1981 c. 20;
1995 a. 450.
95.36
95.36
Indemnity not allowed. The owners of animals condemned and slaughtered under the provisions of this chapter shall receive no indemnity therefor in the following cases:
95.36(1)
(1) Animals owned by the United States, this state or any county, city, town or village.
95.36(2)
(2) Animals brought into this state contrary to any provisions of law.
95.36(3)
(3) Animals which the owner at the time of coming into possession of them knew or had reason to believe to be afflicted with contagious or infectious disease.
95.36(4)
(4) Animals diseased at the time of arrival in this state.
95.36(5)
(5) Animals which the owner has negligently or wilfully exposed to contagious or infectious disease.
95.36(6)
(6) Animals brought into this state that fail to pass successfully the retests subsequent to importation as required by regulation of the department.
95.36(7)
(7) When the infected premises have not been disinfected, to the satisfaction of the department in such manner as to prevent the further spread of the disease.
95.36(8)
(8) Unless the animal condemned and slaughtered was owned by the claimant at least 30 days prior to the test which discloses the reaction.
95.36(9)
(9) Where the owner has received indemnity as a result of a former inspection or test, and has thereafter introduced into his or her herd any bovine contrary to law or the regulations of the department.
95.36 History
History: 1995 a. 225.
95.37
95.37
Claims for indemnity. 95.37(1)
(1) Claims against the state arising from the condemnation of animals shall be made by delivering to the department, to be forwarded to the department of administration, a copy of the condemnation notice, and of the notice to the circuit court and return of the appraisers certified by the court, giving the name and place of residence of the owner, the date on which such animals were condemned and the tag number of each animal, and also a statement of the salvage received and of the sum due from the state and any additional information as the department requires. If the value was fixed by agreement the claim shall be made by delivering to the department to be forwarded to the department of administration the agreement or a sworn copy thereof and a statement of the salvage received and of the amount due from the state and any additional information demanded. The department shall promptly transmit all claims to the department of administration and accompany the same with a report of the sum due from the state and thereupon the claims may be audited and paid.
Effective date note
NOTE: Sub. (1) is amended eff. 11-1-97 by
1995 Wis. Act 450 to read:
95.37 Note
(1) Claims against the state arising from the condemnation of animals shall be made by delivering to the department, to be forwarded to the department of administration, a request, giving the name and place of residence of the owner, the date on which the animals were condemned and the tag number of each animal, and also a statement of the salvage received and of the sum due from the state and any additional information that the department requires. The department shall promptly transmit all claims to the department of administration and accompany the same with a report of the sum due from the state and thereupon the claims may be audited and paid.
95.37(2)
(2) Claims for indemnity based on condemnation and appraisal may be paid notwithstanding the death of the animal by means other than slaughter if satisfactory proof of death is filed with such claim.
95.38
95.38
Altering records; tampering with ear tags.
