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. 95.38(1)
(1) It shall be unlawful for any person to in any manner change any test record, falsely record any test, misrepresent the identification of any animal or any other material fact on any test record, interstate health certificate, vaccination record, claim for indemnity, or any disease control report or application to the department. It shall be unlawful for any person to induce or to conspire with another, either directly or indirectly, to do any of the said prohibited acts.
95.38(2)
(2) No person is permitted to in any way tamper with, insert or remove from the ear of any animal any ear tag or registration mark which is or may be used for identification in disease control work except upon authorization from the department.
95.38(3)
(3) The department may adopt rules that are necessary to administer this section.
95.38 History
History: 1983 a. 132.
95.39
95.39
Biological products. 95.39(1)(1) It is unlawful for any person to sell, furnish, give away or supply any tuberculin or any biological product containing Brucella organisms for use in this state unless all of the following conditions are met:
95.39(1)(a)
(a) The label on the container thereof states the name and address of the manufacturer and the date of expiration.
95.39(1)(b)
(b) The vendor, within 15 days, reports to the department the name of the recipient, the date and amount delivered.
95.39(1)(c)
(c) The products are sold or delivered only to veterinarians licensed to practice in this state.
95.39(2)
(2) It shall be unlawful for any person to use or dispose of any tuberculin until assured in writing by the person from whom received that its sale or delivery to said person has been reported to the department.
95.39(3)
(3) Biological products produced or packed outside this state for the treatment, diagnosis or prevention of animal diseases and licensed by the federal government under experimental or special licenses may be sold, distributed or used only under such conditions as the department prescribes. The department may make such rules governing the conditions of manufacture, sale, distribution or use of biological products for the treatment, diagnosis or prevention of animal diseases as are necessary for the protection of animal health, including permit requirements or other restrictions on the importation, sale or experimental use of such products.
95.39 History
History: 1995 a. 225.
95.40
95.40
Neutralizing tuberculosis test. 95.40(1)
(1) No person shall use or cause to be used tuberculin or any other agent upon cattle or farm-raised deer, by injection or otherwise, for the purpose of preventing a proper reaction when a tuberculin test is made.
95.40(2)
(2) No person shall at any time or in any manner apply tuberculin to any animal except for the purpose of applying a tuberculin test. The result of every such test shall be reported to the department.
95.40 History
History: 1995 a. 79.
95.41
95.41
Tuberculin; ear tags. 95.41(1)
(1) The department shall furnish and distribute tuberculin and circulars containing the rules and regulations for applying the tuberculin test upon application to all persons authorized to make such test.
95.41(2)
(2) The department shall provide ear tags to be used for identifying cattle and farm-raised deer tested for purposes of disease control, and shall distribute the tags to persons authorized by the department to identify cattle and farm-raised deer.
95.42
95.42
Revocation of permit to test. Only veterinarians approved by the department may apply the tuberculin test to cattle and farm-raised deer, and no veterinarian applying the test may tag or brand reactors except as specifically authorized or directed by the department. Any veterinarian who fails to comply with this section and the rules and instructions furnished by the department shall forfeit all right to apply the tuberculin test.
95.43
95.43
Application of brucellosis test. 95.43(1)
(1) The brucellosis test shall be applied only by approved veterinarians. Any veterinarian who fails to comply with the laws or regulations of the department relating to disease control may be denied such approval.
95.43(2)
(2) Every veterinarian who applies the brucellosis test shall promptly reactor tag and permanently mark all reactors in conformity with the law and the regulations of the department, and shall promptly report the result of each test to the department. No person shall interfere in any way with the identification of reactors as required herein.
95.43 History
History: 1981 c. 20;
1995 a. 155.
95.45
95.45
Interstate certificates; tests. 95.45(1)
(1) Tests to determine the health status of animals for the purpose of interstate shipment shall be made only by licensed graduate veterinarians approved by the department. Such veterinarians shall report the results of every such test to the department in triplicate.
95.45(2)
(2) The department may refuse to approve any interstate health certificate requested by any person who is not a resident vendor, shipper or assembler.
