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.
95.48 Cross-reference
Cross Reference: See also chs.
ATCP 11 and
12, Wis. adm. code.
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 an animal market operator licensed under
s. 95.68 or an animal 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 an animal market operator licensed under
s. 95.68 or an animal 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 an animal market or animal 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.
95.49 Cross-reference
Cross Reference: See also chs.
ATCP 11 and
12, Wis. adm. code.
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. 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)1.1. 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(1)(b)2.
2. The department may promulgate rules to exempt groups of persons or species of farm-raised deer from the registration requirement 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(3m)
(3m) Authorization. A person who is registered under this section may do any of the following:
95.55(3m)(a)
(a) Possess, propagate, purchase, sell, hunt, kill, and exhibit farm-raised deer.
95.55(3m)(b)
(b) Hunt or sell or offer to sell the opportunity to hunt farm-raised deer that the person owns.
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(5)(a)(a) A person hunting farm-raised deer is exempt from having any hunting approval issued under
ch. 29 and is exempt from any closed season restrictions or bag limits established by the department of natural resources. In order to regulate the hunting of farm-raised deer, the department of agriculture, trade and consumer protection may promulgate rules to establish tagging requirements or other methods for identifying dead farm-raised deer that have been legally hunted or killed and to impose other conditions or requirements regulating the hunting of farm-raised deer.
Section 29.314 applies to the hunting of farm-raised deer.
95.55(5)(b)
(b) No owner of farm-raised deer may sell, or offer to sell, the opportunity to hunt farm-raised deer unless the farm-raised deer to be hunted are confined in an area of 80 contiguous acres or more.
95.55(5)(c)
(c) The department of natural resources and the department of agriculture, trade and consumer protection shall cooperate with each other with respect to the hunting of farm-raised deer.
95.55(6)(a)(a) The department shall promulgate rules to regulate persons who keep farm-raised deer. The rules shall establish disease testing requirements for bovine tuberculosis and chronic wasting disease and may establish testing requirements for other diseases.
95.55(6)(b)
(b) The rules promulgated under this subsection may include any of the following:
95.55(6)(b)1.
1. Standards to be followed by persons keeping farm-raised deer to prevent the spread of disease.
95.55(6)(b)2.
2. Provisions requiring that registration under this section be on an annual basis.
95.55(6)(b)3.
3. Exemptions from any annual registration requirements established under
subd. 2.
95.55 History
History: 1995 a. 79;
2001 a. 56.
95.57
95.57
Poultry and farm-raised game birds; national poultry improvement program. 95.57(1)
(1)
Participation in program. The department may promulgate rules to require that any of the following originate from a flock of a person participating in the national poultry improvement plan under
9 CFR part 145:
95.57(1)(a)
(a) Poultry, including their eggs, that are used for breeding purposes.
95.57(1)(b)
(b) Farm-raised game birds, including their eggs, that are used for breeding purposes.
95.57(2)
(2) Fees. The department shall promulgate a rule to set any fee that it imposes on a person for participation in the national poultry improvement plan.
95.57 History
History: 2001 a. 56.
95.60
95.60
Importing fish; fish farms. 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. 29.736.
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.
