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:
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)(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(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)(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)(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)(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)(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).
95.71(6)(a)2.
2. Operated an unregistered livestock vehicle in violation of
sub. (4).
95.71(6)(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
(4).
95.71(6)(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 to register a livestock vehicle but does not constitute evidence of a violation of a law.
95.71(7)
(7) License contingent on fees. The department may not issue or renew a license under
sub. (2) unless the license applicant pays all fees and surcharges that are due under
subs. (5) and
(6). 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.
95.71(8)
(8) Rules. The department may promulgate rules to specify license fees under
sub. (5) or to regulate livestock truckers, including rules related to livestock trucker 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.
95.71(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.
95.71 History
History: 1993 a. 16.
95.715
95.715
Feed lots and veal lots. 95.715(1)(a)
(a) "Feeder cattle" means bovine animals that are kept for the sole purpose of feeding prior to slaughter, that are not more than 18 months old as evidenced by the absence of permanent teeth and that are one of the following:
95.715(1)(a)1.
1. Nonspayed females that are not parturient or postparturient.
95.715(1)(b)
(b) "Feed lot" means a facility at which feeder cattle are assembled for feeding prior to slaughter.
95.715(1)(c)
(c) "Veal calf" means a bovine animal of either sex that is not more than 120 days old and that is kept for the sole purpose of feeding prior to slaughter for veal.
95.715(1)(d)
(d) "Veal lot" means a facility at which veal calves are assembled for feeding prior to slaughter.
