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.
95.715(2)(a)(a) The department may issue an annual permit designating a feed lot as an approved feed lot. A feed lot operator is not required to hold an approved feed lot permit.
95.715(2)(b)
(b) If a person imports feeder cattle directly to an approved feed lot in this state, the department may by rule exempt that person from import rules and preimport testing rules promulgated by the department that apply to persons who import feeder cattle into this state.
95.715(2)(c)
(c) Unless specifically authorized by the department, no person may remove feeder cattle or cattle commingled with feeder cattle from an approved feed lot except to a slaughtering establishment for slaughter.
95.715(2)(d)
(d) The department may promulgate rules to specify permit fees under
par. (a) and to regulate feed lots. The rules may include requirements related to the construction and maintenance of approved feed lots, the segregation of imported feeder cattle and record-keeping requirements related to feeder cattle.
95.715(3)(a)(a) The department may issue an annual permit designating a veal lot as an approved veal lot. A veal lot operator is not required to hold an approved veal lot permit.
95.715(3)(b)
(b) If a person imports veal calves directly to an approved veal lot in this state, the department may by rule exempt that person from import rules and preimport testing rules promulgated by the department that apply to persons who import veal calves into this state.
95.715(3)(c)
(c) Unless specifically authorized by the department, no person may remove veal calves or cattle commingled with veal calves from an approved veal lot except to a slaughtering establishment for slaughter.
95.715(3)(d)
(d) The department may promulgate rules to regulate approved veal lots. The rules may include requirements related to the construction and maintenance of approved veal lots, the segregation of imported veal calves and record-keeping requirements related to veal calves.
95.715 History
History: 1993 a. 16.
95.72
95.72
Transportation, processing and disposal of dead animals. 95.72(1)(1)
Definitions. In this section:
95.72(1)(a)
(a) "Animal food processor" means a person, other than a renderer, engaged in the business of slaughtering animals or collecting or receiving dead animals in a raw or uncooked state for processing into animal food.
95.72(1)(b)
(b) "Collector" means a person engaged only in the business of collecting or receiving dead animals for sale or delivery to a renderer, animal food processor, grease processor or operator of a fur farm and who does not otherwise process the dead animals.
95.72(1)(c)1.
1. Means any dead animal or part of a dead animal other than an animal slaughtered as food for humans.
95.72(1)(c)2.
2. Means an animal slaughtered as food for humans but which becomes unsuitable as food for humans.
95.72(1)(c)3.
3. Includes animals slaughtered or processed as food for animals and all inedible parts and by-products of animals slaughtered or processed as food for humans.
95.72(1)(cm)
(cm) "Grease processor" means any person engaged in the business of collecting or receiving and melting or refining previously cooked materials containing dead animal fat or tallow or a combination of dead animal fat or tallow and vegetable oil to produce grease.
95.72(1)(d)
(d) "Renderer" means a person engaged in the business of collecting or receiving dead animals for rendering or processing into grease or other products.
95.72(1)(e)
(e) "Rendering or processing plant" means a plant or facility for slaughtering animals or collecting dead animals and rendering or processing them to produce grease or other products or a plant or facility for collecting or receiving and melting or refining previously cooked materials containing dead animal fat or tallow or a combination of dead animal fat or tallow and vegetable oil to produce grease.
95.72(2)(a)(a)
Requirement. Except as provided in
par. (b), no person may engage in the business of collecting or processing dead animals as a renderer, animal food processor, grease processor or collector unless the person pays a license fee and is issued an annual license by the department for that specific type of business operation.
95.72(2)(b)1.1. A license is not required for a person who operates a slaughtering establishment licensed under
s. 97.42 or inspected under the federal meat and poultry inspection acts if the establishment renders or disposes of offal or dead animals resulting from its operations only, but a person who operates a slaughtering establishment is subject to the transportation requirements under
sub. (7) (b).
95.72(2)(b)2.
2. A license is not required for a person who operates a fur farm which collects or receives dead animals as food for fur-bearing animals produced by the fur farm, but a person who operates a fur farm is subject to transportation requirements under
sub. (7) (b) and
(c).
95.72(2)(b)3.
3. A license is not required for a person who is engaged solely in the collection or disposal of public or commercial garbage without the separate collection or retrieval of dead animals or dead animal parts for further sale, use or processing.
