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.
95.60
95.60
Importing fish; fish farms. 95.60(1)(a)
(a) "Fish farm" means a facility at which a person hatches fish eggs or rears fish for the purpose of introduction into the waters of the state, human or animal consumption, permitting fishing, use as bait or fertilizer or any other purpose specified by the department by rule or for sale to another person to rear for one of those purposes.
95.60(2)(a)(a) No person may bring any fish or fish eggs into this state for the purpose of introduction into the waters of the state, of use as bait or of rearing in a fish farm without an annual permit issued by the department.
95.60(2)(b)
(b) No person may bring any fish or fish eggs of the family salmonidae into this state for the purpose of introduction into the waters of the state unless the fish are certified, as provided in the rules promulgated under
sub. (4s) (d), to be free of the diseases specified under
sub. (4s) (d).
95.60(2)(c)
(c) The department may require a person who is subject to
par. (a) or
(b) to notify the department before bringing fish or fish eggs into this state.
95.60(2)(d)
(d) The department of natural resources is exempt from
par. (a).
95.60(3)
(3) A person who operates a fish farm shall obtain an annual health certificate from a veterinarian licensed under
ch. 453 or from a person who is qualified to issue fish health certificates under
sub. (4s) (c) for any fish eggs present or any fish reared on the fish farm, except that a fish farm operator who does not sell, distribute or release live fish or fish eggs from the fish farm may rely upon health certificates under this subsection that are obtained by the person from whom the fish farm operator receives fish or fish eggs.
95.60(3m)
(3m) A person who operates a fish farm shall annually register the fish farm with the department. The person registering the fish farm shall provide evidence of the health certificate required under
sub. (3) and shall identify the activities that will be engaged in, the species of fish that will be used and the facilities that will be used on the fish farm.
95.60(4)(a)(a) The department shall inspect a fish farm upon initial registration under
sub. (3m). The department may inspect a fish farm at any other time.
95.60(4)(b)
(b) The department may inspect fish and fish eggs subject to
subs. (2) and
(3) and the rules under
sub. (4s) (b) to ensure the health of the fish and fish eggs. The inspection may include removal of reasonable samples of the fish and fish eggs for biological examination.
95.60(4)(c)
(c) A person who operates a fish farm shall keep records on purchases, sales and production of fish and fish eggs and any other records required by the department by rule. The department may inspect these records upon request.
95.60(4m)
(4m) The department shall maintain a registry of fish farms.
95.60(4s)
(4s) The department shall do all of the following:
95.60(4s)(a)
(a) In consultation with the department of natural resources, promulgate rules specifying requirements for the labeling and identification, in commerce, of fish reared in fish farms.
95.60(4s)(b)
(b) In consultation with the department of natural resources, promulgate rules specifying fish health standards and requirements for certifying that fish meet those standards for the purpose of
s. 29.53 [
s. 29.736].
95.60 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
95.60(4s)(c)
(c) In consultation with the department of natural resources, promulgate rules specifying the qualifications that a person who is not a veterinarian must satisfy in order to issue fish health certificates.
95.60(4s)(d)
(d) In consultation with the department of natural resources, promulgate rules specifying diseases and requirements for certifying that fish are free of those diseases for the purposes of
sub. (2) (b).
95.60(4s)(e)
(e) Promulgate rules establishing the period for which a record required under
sub. (4) (c) must be retained.
95.60(5)
(5) The department shall, by rule, specify the fees for permits, certificates, registration and inspections under this section.
95.60(6)(a)(a) No person, except the department of natural resources, may rear lake sturgeon in a fish farm.
95.60(6)(c)
(c) The department, in consultation with the department of natural resources, shall study regulatory options that would enable commercial rearing of lake sturgeon while protecting the wild lake sturgeon population. The department shall submit the results of the study to the legislature under
s. 13.172 (2) no later than December 31, 2000.
95.60(7)
(7) Any information kept by the department that identifies the type or number of fish or fish eggs bought, raised or sold by a privately owned fish farm or the supplier or purchaser of those fish or fish eggs is not subject to inspection or copying under
s. 19.35 (1) except as the department determines is necessary to protect fish health or prevent the spread of disease.
95.60 History
History: 1997 a. 27,
237.
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.
