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.
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(8)
(8) The department may provide training to veterinarians and other persons who issue fish health certificates for the purposes of this section. The department may charge fees to recover the cost of providing the training.
95.65
95.65
Intrastate transportation of white-tailed deer. 95.65(1)(1) In this section, "cervid" means a member of the family of animals that includes deer and moose.
95.65(2)
(2) The department shall impose the same requirements on the intrastate transportation of white-tailed deer that it imposes on the intrastate transportation of other cervids.
95.65 History
History: 2001 a. 109.
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
Animal markets. 95.68(1)(1)
Definitions. In this section:
95.68(1)(ag)
(ag) "Animal market" means any premises which are open to the public for the purpose of trading in livestock or wild animals and on which facilities are maintained for their yarding, feeding and watering prior to sale.
95.68(1)(am)
(am) "Equine animal" means a horse, mule, zebra, donkey or ass.
95.68(1)(b)
(b) "Equine market" means an animal 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)(g)
(g) "Wild animal" means a wild animal that is subject to regulation under
ch. 169.
95.68(2)
(2) License. Except as provided in
sub. (2m), no person may operate an animal market without an annual license from the department. An animal market license expires on June 30 annually. A separate license is required for every animal market. A license is not transferable between persons or locations.
95.68(2m)(a)(a) 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 an animal dealer licensed under
s. 95.69.
95.68(2m)(b)
(b) The department may promulgate rules to exempt groups of persons from the licensing requirement under
sub. (2) or the registration requirement under
sub. (7) or both.
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 license issued under this section is the following amount:
95.68(4)(a)
(a) For an animal 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 an animal 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 an animal 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 an animal market without a license in violation of
sub. (2).
95.68(5)(a)2.
2. Operated an unregistered animal transport 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.
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 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) Animal Transport vehicle registration. No animal market operator may operate an animal transport vehicle unless the animal transport vehicle is registered with the department in the name of the animal market operator. The animal transport vehicle shall be registered on a form provided by the department. The registration shall include a description and the serial number of the animal transport vehicle.
95.68(8)
(8) Rules. The department may promulgate rules to specify license fees under
sub. (4) or to regulate the operation of animal markets, including rules related to market operator qualifications, market construction and maintenance, construction and maintenance of animal transport vehicles, identification of animal transport 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 Cross-reference
Cross Reference: See also ch.
ATCP 12, Wis. adm. code.
95.69
95.69
Animal dealers. 95.69(1)(1)
Definitions. In this section:
95.69(1)(c)
(c) "Animal dealer" means a person who, as principal or agent, engages in the business of buying for resale or for slaughter, selling or exchanging livestock or wild animals. " Animal 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)2m.
2m. A person holding a license issued under
s. 169.15,
169.18,
169.19, or
169.26 who sells wild animals if the person keeps them solely for breeding or feeding purposes and the person 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) " Animal dealer employee" means an employee of a licensed animal dealer, who does business in the name of the licensed animal dealer.
95.69(2)
(2) License. No person may operate as an animal dealer without an annual license from the department, except that no license is required of a person licensed as an animal market operator under
s. 95.68. An animal dealer license expires on June 30 annually. An animal dealer license is not transferable.
95.69(2m)
(2m) Exemption. The department may promulgate rules to exempt groups of persons from the licensing requirement under
sub. (2) or the registration requirement under
sub. (7) or both.
