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.
95.45(3)
(3) The department may refuse to approve any interstate health certificate requested by any applicant who has violated or failed to obey any law or regulation relating to disease control or has misrepresented or failed to disclose any material fact in relation to such certificate.
95.46
95.46
Brucellosis vaccination; official vaccinates. 95.46(1)(1) It is unlawful for any person other than an approved veterinarian to treat any bovine animal with any biological product containing Brucella organisms.
95.46(2)
(2) No bovine animals may be vaccinated against brucellosis except calves within age ranges prescribed by department rules. Such calves may be vaccinated by approved veterinarians if officially reported to the department and permanently identified as official vaccinates as required under this section and rules of the department.
95.46(3)
(3) All animals vaccinated by approved veterinarians shall be identified by a tattoo on the inner surface of the right ear of each such animal, using such symbols as the department by rule prescribes.
95.46(4)
(4) All veterinarians shall use only vaccine provided under federal regulations or produced by or under the direction or supervision of the department. They shall identify the vaccinates as required in
sub. (3) and record in triplicate on forms prepared by the department the information it requires. The veterinarian shall transmit one copy of the vaccination record to the department within 15 days after the date of vaccination, furnish one copy to the owner of the animals, and retain one copy for the veterinarian's own file.
95.46(6)
(6) Official vaccinates need not be identified as reactors until they are past 20 months of age unless there is other evidence of infection in the herd.
95.46 History
History: 1973 c. 123;
1979 c. 129.
95.48
95.48
Brucellosis indemnity restrictions. 95.48(1)
(1) No indemnity for brucellosis shall be paid:
95.48(1)(b)
(b) On any animal unless reactor tagged and permanently marked as required by department regulation and unless the claim is accompanied by such proof, as the department may require, of (1) slaughter within the time limited, (2) actual salvage and (3) cleaning and disinfection of the premises.
95.48(1)(c)
(c) On any animal vaccinated against brucellosis, other than official vaccinates, unless it can be established that such animal, subsequent to vaccination, returned to a negative status as established by a negative test conducted not less than 30 days prior to the test on which the claim is based but more than 30 days after vaccination.
95.48(1)(d)
(d) Except as provided in
sub. (2), on any animal which was a member of a herd into which was introduced any animal which failed to first pass a completely negative brucellosis test prior to movement as required by
s. 95.49.
95.48(1)(e)
(e) Except as provided in
sub. (2), on any animal other than an official vaccinate which was a part of a herd any member of which, when above the maximum qualifying age for official vaccination, was treated with any biological product containing Brucella organisms.
95.48(2)
(2) Notwithstanding the provisions of
sub. (1) (d) and
(e), indemnity shall be paid on such animals if the reaction is disclosed on any test conducted subsequent to the elimination without claim of all reactors disclosed on a complete herd test conducted after the time of making any addition or treating any animal as therein described.
95.49
95.49
Movement; sale. 95.49(1)(1) No person may sell or move from one place to another any American bison, or animal of another species identified by the department by rule, born on or after June 1, 1984, unless it is accompanied by a report of complete negative brucellosis test conducted within 30 days prior to movement, but this subsection does not apply to the following:
95.49(1)(c)
(c) Animals consigned directly to slaughter establishments if the animals are moved and held in conformity with department rules.
95.49(1)(d)
(d) Male animals under 6 months of age and female animals under the maximum age allowable for vaccination as defined by rule.
95.49(1)(e)
(e) Animals not known to be reactors moved to the premises of a livestock market operator licensed under
s. 95.68 or a livestock dealer licensed under
s. 95.69, for sale and removal as provided in
sub. (2).
95.49(1)(f)
(f) Animals which are moved for exhibition purposes if accompanied by a report of a negative brucellosis test conducted within 90 days.
95.49(1)(g)
(g) Animals moved by the owner between farm premises owned or operated by him or her.
95.49(1m)
(1m) If this state is not designated Class Free under
9 CFR 78.41 or if this state is so designated but the department has promulgated rules under
sub. (2m), no person may sell or move from one place to another any cattle born on or after June 1, 1984, unless it is accompanied by a report of complete negative brucellosis test conducted within 30 days before movement. This subsection does not apply to any of the following:
95.49(1m)(c)
(c) Animals consigned directly to slaughter establishments if the animals are moved and held in conformity with department rules.
95.49(1m)(d)
(d) Male animals under 6 months of age and female animals under the maximum age allowable for vaccination as defined by rule.
95.49(1m)(e)
(e) Animals not known to be reactors moved to the premises of a livestock market operator licensed under
s. 95.68 or a livestock dealer licensed under
s. 95.69, for sale and removal as provided in
sub. (2).
95.49(1m)(f)
(f) Animals which are moved for exhibition purposes if accompanied by a report of a negative brucellosis test conducted within 90 days.
95.49(1m)(g)
(g) Animals moved by the owner between farm premises owned or operated by him or her.
95.49(1m)(h)
(h) Feeder cattle sold or moved to an approved feedlot if the cattle are moved and held in conformity with department rules.
95.49(1m)(i)
(i) Female beef breed cattle under one year of age if sold or moved for feeding purposes.
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.
95.55
95.55
Farm-raised deer; 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(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)(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)(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:
