95.19(2)(d)
(d) Knowingly misrepresent that an animal has not been exposed to or infected with a contagious or infectious disease.
95.19(2)(e)
(e) Knowingly permit an animal that has been exposed to or infected with a contagious or infectious disease to commingle with other animals under conditions that may cause the disease to spread to an animal owned by another person.
95.19(3)
(3) Rule making. The department may promulgate rules:
95.19(3)(a)
(a) Authorizing the transport under a department permit of an animal exposed to or infected with a contagious or infectious disease for slaughter or other purposes prescribed by the department.
95.19(3)(b)
(b) Specifying those contagious or infectious diseases to which the prohibitions of
sub. (2), and the rules promulgated under
par. (a), apply.
95.19(4)
(4) Damages. A person who violates this section is liable to any person injured for damages sustained as a result of the violation.
95.19 History
History: 1989 a. 277.
95.195
95.195
Diseases; implied warranty in sale of animals. 95.195(1)(1)
Definition. In this section, "covered disease" means a disease that the department specifies under
sub. (4) (a) is covered by this section.
95.195(2)
(2) Warranty. Except as provided in
sub. (3), in every contract for the sale of an animal of a type specified by the department under
sub. (4) (b), there is an implied warranty that the animal is not infected with a covered disease unless the seller discloses to the buyer in writing, prior to sale, all of the following:
95.195(2)(a)
(a) The management classification of the animal's herd with respect to the covered disease.
95.195(2)(b)
(b) If the animal is a reactor with respect to the covered disease, that the animal is a reactor.
95.195(3)
(3) Exception. The warranty under
sub. (2) does not apply to an animal sold directly to slaughter.
95.195(4)
(4) Rules. The department shall promulgate rules that do all of the following:
95.195(4)(b)
(b) Specify types of animals to which this section applies.
95.195(4)(c)
(c) Prescribe a system for determining management classifications of herds with respect to covered diseases.
95.195 History
History: 1989 a. 277;
1999 a. 160.
95.197
95.197
Financial assistance for paratuberculosis testing. 95.197(1)(1) The department shall provide financial assistance to owners of livestock herds for conducting testing for paratuberculosis.
95.197(2)
(2) The department shall promulgate rules for providing financial assistance under
sub. (1).
95.197 History
History: 1999 a. 9.
95.20
95.20
Embargo on animals from infected districts. When there is reason to believe that there is danger of the introduction into this state of any communicable disease prevailing among domestic animals outside this state or of its spread in this state, the department shall investigate the existing conditions, and if it concludes that danger exists to the livestock interests of this state therefrom, it may prohibit the importation of animals of the diseased kind from the infected district into this state, or the removal of them from one part of the state to another, under such regulations as the department may establish. The definition of "communicable disease" in
s. 990.01 (5g) does not apply to this section.
95.20 History
History: 1981 c. 291;
1981 c. 391 s.
210.
95.21
95.21
Rabies control program. 95.21(1)
(1)
Definitions. As used in this section:
95.21(1)(am)
(am) "Isolation facility" means a humane society shelter, veterinary hospital, municipal pound or other place specified by an officer which is equipped with a pen or cage which isolates the animal from contact with other animals.
95.21(1)(b)
(b) "Officer" means a peace officer, local health officer, as defined in
s. 250.01 (5), humane officer, warden, an employee designated by the department or other person designated by the governing body of the county, city, village or town.
95.21(1)(c)
(c) "Owner" includes a person who owns, harbors, keeps or controls an animal.
95.21(2)
(2) Rabies vaccination required for dogs. 95.21(2)(a)(a)
Requirement for vaccination. Except as provided in
s. 174.054, the owner of a dog shall have the dog vaccinated against rabies by a veterinarian at no later than 5 months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into this state after the dog has reached 5 months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is obtained or brought into the state unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within 3 years after the previous vaccination.
95.21(2)(b)
(b)
Issuance of certificate of rabies vaccination. A veterinarian who vaccinates a dog against rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the department stating the owner's name and address, the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog, the date of the vaccination, the type of rabies vaccine administered and the manufacturer's serial number, the date that the immunization expires as specified for that type of vaccine by the center for disease control of the U.S. department of health and human services and the city, village or town where the dog is required to be licensed.
95.21(2)(c)
(c)
Copies of certificate. The veterinarian shall keep a copy of each certificate of rabies vaccination in a file maintained for this purpose until the date that the immunization expires or until the dog is revaccinated whichever occurs first.
95.21(2)(e)
(e)
Rabies vaccination tag. After issuing the certificate of rabies vaccination, the veterinarian shall deliver to the owner a rabies vaccination tag of durable material bearing the same serial number as the certificate, the year the vaccination was given and the name, address and telephone number of the veterinarian.
95.21(2)(f)
(f)
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog at all times but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors, to a dog securely confined in a fenced area or to a dog while actively involved in herding or controlling livestock if the dog is under the control of its owner. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this paragraph do not apply to a dog which is not required to be vaccinated under
sub. (2) (a).
95.21(2)(g)
(g)
Duplicate tag. The veterinarian may furnish a new rabies vaccination tag with a new serial number to an owner in place of the original tag upon presentation of the certificate of rabies vaccination. The veterinarian shall then indicate the new tag number on the certificate and keep a record in the file.
95.21(2)(h)
(h)
Cost. The owner shall pay the cost of the rabies vaccination and the cost associated with the issuance of a certificate of rabies vaccination and the delivery of a rabies vaccination tag.
95.21(3)(a)(a)
Dogs confined. If a district is quarantined for rabies, all dogs within the district shall be kept securely confined, tied, leashed or muzzled. Any dog not confined, tied, leashed or muzzled is declared a public nuisance and may be impounded. All officers shall cooperate in the enforcement of the quarantine. The clerk of every town, city or village wholly or partly within the quarantine district shall promptly post in at least 3 public places in the town, city or village, notices of quarantine furnished by the department for posting.
95.21(3)(b)
(b)
Exemption of vaccinated dog from district quarantine. A dog which is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence is exempt from the district quarantine provisions of
par. (a) if a rabies vaccination tag or substitute tag is attached to the dog's collar.
95.21(4)
(4) Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies. 95.21(4)(a)(a) Quarantine or sacrifice of dog or cat. An officer shall order a dog or cat quarantined if the officer has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a quarantine cannot be imposed because the dog or cat cannot be captured, the officer may kill the animal. The officer may kill a dog or cat only as a last resort or if the owner agrees. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head.
95.21(4)(b)
(b)
Sacrifice of other animals. An officer may order killed or may kill an animal other than a dog or cat if the officer has reason to believe that the animal bit a person or is infected with rabies. Except as provided in
s. 95.36, if an animal of a species raised primarily to produce food for human consumption is killed under this paragraph, the owner is eligible for an indemnity payment in an amount equal to the indemnity provided under
s. 95.31 (3). If the decision is made by an employee of the department, the indemnity shall be paid from the appropriation under
s. 20.115 (2) (b). If the decision is made by another officer, the indemnity shall be paid from the dog license fund.
95.21(4)(c)
(c)
Sacrifice of a dog or cat. An officer may order killed or may kill a dog or cat if the owner of the dog or cat violates
sub. (5) (a),
(b) or
(c).
95.21(5)(a)(a)
Delivery to isolation facility or quarantine on premises of owner. An officer who orders a dog or cat to be quarantined shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible but no later than 24 hours after the original order is issued or the officer may order the animal to be quarantined on the premises of the owner if the animal is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence.
95.21(5)(b)
(b)
Health risk to humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred. In this paragraph, "supervision of a veterinarian" includes, at a minimum, examination of the animal on the first day of isolation, on the last day of isolation and on one intervening day. If the observation period is not extended and if the veterinarian certifies that the dog or cat has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period.
95.21(5)(c)1.1. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal and if the dog or cat is not currently immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 180 days. The owner shall have the animal vaccinated against rabies between 155 and 165 days after the exposure to a rabid animal.
95.21(5)(c)2.
2. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal but if the dog or cat is immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 60 days. The owner shall have the animal revaccinated against rabies as soon as possible after exposure to a rabid animal.
95.21(5)(d)
(d)
Sacrifice of a dog or cat exhibiting symptoms of rabies. If a veterinarian determines that a dog or cat exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined and the officer or veterinarian shall kill the animal in a humane manner and in a manner which avoids damage to the animal's head. If the dog or cat is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.
95.21(6)
(6) Delivery of carcass; preparation; examination by laboratory of hygiene. An officer who kills an animal shall deliver the carcass to a veterinarian or local health department, as defined in
s. 250.01 (4). The veterinarian or local health department shall prepare the carcass, properly prepare and package the head of the animal in a manner to minimize deterioration, arrange for delivery by the most expeditious means feasible of the head of the animal to the state laboratory of hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a manner which minimizes the risk of exposure to any rabies virus. The laboratory of hygiene shall examine the specimen and determine if the animal was infected with rabies. The state laboratory of hygiene shall notify the department, the veterinarian or local health department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or that person's physician.
95.21(7)
(7) Cooperation of veterinarian. Any practicing veterinarian who is requested to be involved in the rabies control program by an officer is encouraged to cooperate in a professional capacity with the department, the laboratory of hygiene, the local health department, as defined in
s. 250.01 (4), the officer involved and, if the animal is suspected to have bitten a person, the person's physician.
95.21(8)
(8) Responsibility for quarantine and laboratory expenses. The owner of an animal is responsible for any expenses incurred in connection with keeping the animal in an isolation facility, supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the fee for the laboratory examination. If the owner is unknown, the county is responsible for these expenses.
95.21(9)(a)(a) This section does not prohibit or restrict a county, city, village or town from imposing a rabies control program with more restrictive provisions.
95.21(9)(b)
(b) This section does not prohibit a county, city, village or town from imposing its own rabies control program if the department approves the program. The department may not approve a program unless it provides for at least 2 examinations of the quarantined animal by a veterinarian or a trained individual with veterinarian involvement during a 10-day isolation period. The department shall promulgate rules establishing criteria for the approval of programs under this paragraph and defining "trained individual" and "veterinarian involvement".
95.21(9)(c)
(c) The department may provide training to persons who administer local rabies control programs or who conduct rabies examinations under those programs. The department may charge fees to cover the cost of training. The fees collected under this paragraph shall be credited to the appropriation under
s. 20.115 (2) (j).
95.21(10)(a)(a)
Failure to obtain rabies vaccination. An owner who fails to have a dog vaccinated against rabies as required under
sub. (2) (a) may be required to forfeit not less than $50 nor more than $100.
95.21(10)(b)
(b)
Refusal to comply with order or quarantine. An owner who refuses to comply with an order issued under this section to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be fined not less than $100 nor more than $1,000 or imprisoned not more than 60 days or both.
95.21(10)(c)
(c)
Other violation. A person who violates any provision of this section not specified under
pars. (a) and
(b) may be required to forfeit up to $50.
95.22
95.22
Reports of animal diseases. Each veterinarian shall immediately report to the department the existence among animals of any communicable disease coming to the veterinarian's knowledge. The report shall be in writing and shall include a description of the diseased animal, the name and address of the owner or person in charge of the animal, if known, and the location of the animal. The definition of "communicable disease" in
s. 990.01 (5g) does not apply to this section.
95.23
95.23
Disease investigation and enforcement. 95.23(1)(1) Authorized inspectors and agents of the department may enter at reasonable times any premises, building or place to investigate the existence of animal diseases or to investigate violations of or otherwise enforce the laws relating to animal health. Any animals or materials suspected of being infected may be examined or tested. No person shall obstruct or interfere with such investigation or enforcement work, or attempt to do so, in any manner, by threat or otherwise.
95.23(2)
(2) Upon request of an authorized inspector or agent of the department, sheriffs and police officers shall assist in the enforcement of the laws relating to animal health.
95.23(3)
(3) Upon reasonable notice from the department, owners or persons in charge of animals shall cause them to be restrained or confined so that they may be identified, examined and tested or otherwise treated or disposed of as authorized by law.
95.23(4)
(4) When any animals or materials infected or suspected of being infected have been quarantined, no person shall remove them from the premises, or otherwise fail to comply with the terms of the quarantine, except upon written permit from the department.
95.232
95.232
Confidentiality of paratuberculosis records. Any information kept by the department that identifies the owners of livestock herds infected, or suspected of being infected, with paratuberculosis is not subject to inspection or copying under
s. 19.35 except as the department determines is necessary to protect the public health, safety or welfare.
95.232 History
History: 1989 a. 31.
95.235
95.235
Sale of certain painted utensils. Any person who sells, for the purpose of feeding livestock, any utensil painted with a substance having a toxic effect upon livestock when taken orally shall be punished under
s. 95.99 (1).
95.235 History
History: 1975 c. 41;
1979 c. 129 s.
15;
1981 c. 66 s.
8.
95.24
95.24
Living vaccine, hog cholera, anthrax, swine erysipelas. 95.24(1)(1) No person shall have in his or her possession or furnish to another any live virus hog cholera vaccine, including vaccines produced from a modified or attenuated strain of hog cholera virus, except that such vaccines may be in the possession of a biological laboratory inspected and licensed by the federal government, persons having written approval from the department for its experimental use, or veterinarians having a permit from the department for its use in vaccinating or treating swine as necessary for export or for such other uses as are authorized by the department for the control of serious outbreaks of the disease.
95.24(3)(a)(a) No type of living vaccine for immunizing against anthrax or swine erysipelas may be administered to any domestic animal, including fowl, or sold or dispensed in this state without first having obtained the written approval of the chief veterinarian of the department. Approval to administer such vaccine shall be granted to licensed veterinarians only, and then only to qualify the animal or fowl for export or in the event that any of the following has been established:
95.24(3)(a)2.
2. The animals to be so treated are on premises known to be contaminated.
95.24(3)(a)3.
3. The animals to be so treated have been exposed within 40 days to infection with the disease for which the living vaccine is prescribed as a proper immunizing agent.
95.24(3)(b)
(b) Every veterinarian who so administers such living vaccine shall render to the department a report of the use and the results thereof at such time and in such manner as it may require.
95.24 History
History: 1993 a. 213,
492.
95.25
95.25
Tuberculosis control program. 95.25(1)
(1) In order to detect and control bovine tuberculosis the department may test for tuberculosis those cattle where indication of possible infection is disclosed by means of the slaughter cattle identification program and any other cattle, farm-raised deer or other species the department has reason to believe may be infected or exposed or considers necessary to test for any other reason. Tuberculosis tests authorized by the department shall be made at such times and in such manner as the department determines, in the light of the latest and best scientific and practical knowledge and experience.
