reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.45 - Powers and authority of the department.

94.45
Powers and authority of the department.
(1)
The department is authorized:
(a)
To enter during regular business hours all places of business, warehouses, freight depots, cars, trucks and all other places where seed is stored, transported, sold or exposed for sale. The department is empowered to sample any container of seed, analyze and test the samples and inspect all records relating to any lot of seed in order to secure evidence of violation of ss. 94.38 to 94.46.
(b)
To establish and maintain a seed laboratory for the testing and analysis of seed.
(c)
To make purity and germination tests of seed for persons on request and for this purpose may prescribe rules governing such testing and fix and collect charges for tests made.
(d)
To cooperate with the U.S. department of agriculture and other agencies in seed law enforcement.
(e)
To publish at least once a year, in such form as the department deems proper, information concerning the inspection and sales of seed and the results of the analysis of official samples of agricultural and vegetable seeds distributed within the state.
(6)
The department shall promulgate rules that do all of the following:
(a)
Prescribe standards for the labeling, distribution, and sale of agricultural seed and vegetable seed.
(b)
Govern methods of sampling, inspecting, analyzing, testing, and examining agricultural seed and vegetable seed.
(c)
Prescribe tolerances for purity and rate of germination of agricultural seed and vegetable seed.
(d)
Prescribe tolerances for the occurrence of noxious weed seeds in agricultural seed and vegetable seed.
(e)
Identify noxious weeds and prohibited noxious weeds.
(f)
Govern the issuance of seed labeler licenses.
(g)
Govern the administration and enforcement of ss. 94.38 to 94.46.
History:  1975 c. 39, 308; 1983 a. 189 s. 329 (20); 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.46 - Stop sale; penalties; enforcement.

94.46
Stop sale; penalties; enforcement.
(1)
The department may issue a written or printed “stop sale" order to the owner or custodian of any lot of agricultural or vegetable seed not conforming with ss. 94.38 to 94.46, or rules thereunder. The order shall specify the sections of the law or rules violated and shall prohibit the sale or other disposition of the seed except as the department authorizes or directs. Unless the seed is brought into compliance with the law or rules and is released from the “stop sale" order, or other disposition is agreed upon in writing within 30 days after service of the order, the seed shall be disposed of as the department by notice in writing may direct. This shall not preclude the voluntary signing of a disposal agreement without the issuance of a “stop sale" order. Any notice or order hereunder may be served personally or by mail and shall have the effect of a special order under s. 93.18 subject to review under ch. 227 if within 10 days after service of any notice or order, the owner or custodian files with the department a written request for a hearing. Final disposition of the seed shall be stayed during pendency of the hearing but the “stop sale" order shall remain in effect.
(2)
Any lot of agricultural or vegetable seed not in compliance with ss. 94.38 to 94.46, or rules thereunder, or not disposed of in accordance with any disposal agreement or order under sub. (1), shall be subject to seizure on complaint of the department to a court of competent jurisdiction. If the court finds the seed to be in violation of law and orders the condemnation of said seed, it shall be denatured, processed, destroyed, relabeled or otherwise disposed of as the court directs.
(3)
In addition to or in lieu of other remedies provided for enforcement of ss. 94.38 to 94.46, the department may apply to the circuit court for a temporary or permanent injunction to prevent, restrain, or enjoin any person from violating ss. 94.38 to 94.46 or any rules or orders issued thereunder.
(4)
(a)
Any person violating ss. 94.38 to 94.46 or rules promulgated thereunder shall forfeit not less than $100 nor more than $500 for the first offense. For any subsequent offense occurring within 5 years of a previous offense, the person shall forfeit, for each offense, not less than $200 nor more than $1,000. The 5-year period shall be measured from the dates of the violations which resulted in convictions.
(b)
Any person who knowingly violates ss. 94.38 to 94.46 or rules promulgated thereunder may be fined not more than $500 or imprisoned not more than 6 months or both.
History:  1985 a. 138.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.675 - Pesticides; adulteration.

94.675
Pesticides; adulteration.
A pesticide is adulterated:
(1)
If its strength, quality, purity or effectiveness falls below the standards expressed on the label.
(2)
If any substance has been substituted wholly or in part for the articles.
(3)
If any valuable constituent of the article has been wholly or in part abstracted.
(4)
If it does not bear an identifying label or it does not conform to the name or description of ingredients given on the label.
History:  1999 a. 83.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.685 - Pesticides; licensing of dealers and distributors of restricted-use pesticides.

94.685
Pesticides; licensing of dealers and distributors of restricted-use pesticides.
(1)
No dealer or distributor may sell or offer to sell a restricted-use pesticide in this state, whether or not the sale is made wholly or partially in this state or another state, without a license issued by the department under this section. A license expires on December 31 annually and is not transferable.
(2)
(a)
A dealer or distributor applying for an annual license under sub. (1) shall apply on a form provided by the department. The application shall include the applicant's full name and the mailing address and street address of each business location from which the applicant sells, or intends to sell, restricted-use pesticides. The applicant shall submit the license fee and surcharge required under sub. (3) with the application.
(b)
No dealer or distributor may sell any restricted-use pesticide from a sales location opened during a license year until that dealer or distributor pays the license fee and surcharge required under sub. (3) for the new location.
(3)
(a)
A dealer or distributor shall pay the following annual license fee and surcharge for each location from which the dealer or distributor sells restricted-use pesticides:
1.
A license fee of $60.
2.
An agricultural chemical cleanup surcharge of $20, except as provided in s. 94.73 (15).
(b)
1.
The department shall deposit the fee under par. (a) 1. in the agrichemical management fund.
2.
The department shall deposit the surcharge collected under par. (a) 2. in the agricultural chemical cleanup fund.
History:  1987 a. 27; 1991 a. 269; 1993 a. 16, 490; 1997 a. 27; 2007 a. 20; 2013 a. 20; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.697 - Railroad pesticide use.

94.697
Railroad pesticide use.
(1)
Definition. In this section “railroad" means a person that owns or operates any railroad or part of a railroad as a common carrier in this state.
(2)
Information required.
(a)
No later than 48 hours before applying a pesticide to a right-of-way that a railroad owns or maintains, the railroad shall provide pesticide safety information at a central location accessible to employees of the railroad. A railroad shall include all of the following in the safety information provided under this paragraph:
2.
The location and description of the area to be treated.
3.
The name of the pesticide, its active ingredients, and its registration number under the federal act.
4.
The approximate time and date that the pesticide is to be applied.
5.
Any restricted entry interval specified on the pesticide labeling.
6.
A description of where the information required to be on the pesticide label under the federal act or under ss. 94.67 to 94.71 is available for review.
7.
Emergency medical contact information.
(b)
A railroad shall keep the information under par. (a) posted at the location accessible to employees of the railroad for at least 30 days after the day of application.
(c)
No later than 48 hours before applying a pesticide to a right-of-way that a railroad owns or maintains, the railroad shall provide all of the following to each individual who directly supervises employees who work in the area to be treated:
1.
The information described in par. (a) 2. to 6.
2.
A description of the central location where the railroad provides the pesticide safety information to employees under par. (a).
(e)
A railroad shall make available to the public on its Internet site a description of how to obtain answers to questions about pesticide use by the railroad, including a telephone number for the railroad and any toll-free number maintained by the department to provide information about pesticide use.
(3)
Worker protection. A railroad shall provide pesticide safety training annually to its employees who work along railroad rights-of-way and in rail yards and to other employees who, due to the nature of their employment, work in areas to which pesticides have been applied and shall keep records, for each training session, of the date, the employees attending, and the name of the trainer and the trainer's employer. In the training under this subsection, a railroad shall include information about restricted entry intervals, requirements for personal protective equipment, how to read pesticide labels, and incident and complaint reporting.
History:  2009 a. 286.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.701 - Pesticides; local regulation.

94.701
Pesticides; local regulation.
(1)
This section is an enactment of statewide concern for the purpose of providing uniform regulation of pesticides.
(2)
In this section, “political subdivision" means a city, village, town or county.
(3)
(a)
Except as provided in par. (b) or (c), a political subdivision may not prohibit the use of or otherwise regulate pesticides.
(b)
A political subdivision may enact an ordinance that does any of the following:
1.
Regulates pesticide use on property in which the political subdivision has a fee simple ownership interest.
2.
Zones areas with respect to pesticide manufacturing, distribution and disposal.
3.
Implements any regulation of pesticides that the political subdivision is required by federal law or other state laws to implement.
4.
Implements a cooperative agreement with the federal environmental protection agency under 7 USC 136u (a).
5.
Prohibits conduct that is the same as conduct prohibited under ss. 94.69 to 94.71 or 7 USC 136 to 136y.
6.
Requires that, when notification of pesticide use is required by state or federal law, notification of that use be given to the political subdivision.
7.
Sets standards for fire prevention in the storage of a pesticide that poses a fire hazard.
8.
Regulates pesticides pursuant to a storm water management program that is consistent with 40 CFR 122.26.
(c)
A political subdivision may enact an ordinance or enter into an agreement under s. 289.33 (9) relating to the storage, treatment or disposal of solid waste containing pesticides, pesticide containers or pesticide residues.
(4)
(a)
A political subdivision may not enact an ordinance that is authorized under sub. (3) until it consults with the department. If a political subdivision enacts an ordinance that is authorized under sub. (3), it shall provide the department with a copy of the ordinance no later than 60 days after enactment.
(b)
Before March 1 of each year, a political subdivision with an ordinance that is authorized under sub. (3) (b) 5. shall notify the department of all enforcement actions taken under that ordinance during the preceding year.
History:  1993 a. 116; 1995 a. 227; 2015 a. 186.
A local government is not preempted by sub. (3) (a) from regulating the phosphorous content in weed and feed products. A weed and feed product is both a pesticide, which under sub. (3) (a), only the state can regulate, and a fertilizer, which local government can regulate. The definition of both “pesticide" and “fertilizer" as including a mixture of the two preserves both state regulation of pesticides and local regulation of fertilizers. The state regulates the pesticide components of the mixed products, local government the fertilizer components. Croplife America. Inc. v. City of Madison, 432 F.3d 732 (2005).
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.704 - Pesticides; licensing of individual commercial applicators.

94.704
Pesticides; licensing of individual commercial applicators.
(1)
No person may act as an individual commercial applicator without a license issued by the department under this section. A license expires on December 31 annually and is not transferable. A licensee shall carry the license on his or her person at all times when acting as an individual commercial applicator. No license is required of a private applicator who applies pesticides solely as a private applicator or only on an occasional or incidental basis as a commercial applicator.
(2)
An application for a license under this section shall be submitted on a form provided by the department and shall be accompanied by the license fee and surcharge required under sub. (3). A license application shall include all of the following information, which shall be promptly updated by the licensee in the event of any change during the license period:
(a)
The complete name, mailing address and street address of the licensee.
(b)
If the licensee is engaged in business as a sole proprietor, the licensee's business name and address if different than the licensee's personal name and address.
(c)
If the licensee is employed by a commercial application business, the name and address of the employing commercial application business.
(d)
Any other information reasonably required by the department for the administration of this section.
(3)
(a)
Except as provided in par. (b) or (bm), a person applying for an annual license under this section shall pay the following license fee and surcharge:
1.
A license fee of $40, except that the license fee is $30 for the license years that begin on January 1, 1999, January 1, 2000, January 1, 2001, and January 1, 2002.
2.
An agricultural chemical cleanup surcharge of $10, except as provided in s. 94.73 (15).
(b)
No license fee is required under par. (a) for a government employee or an employee of a public or private educational institution if the employee's activities as an individual commercial applicator fall within the scope of his or her employment by the governmental unit or educational institution.
(bm)
No license fee is required under par. (a) for an individual who is eligible for the veterans fee waiver program under s. 45.44.
(c)
1.
The department shall deposit license fees collected under par. (a) 1. in the agrichemical management fund.
2.
The department shall deposit the surcharges collected under par. (a) 2. in the agricultural chemical cleanup fund.
(4)
No licensee under this section may use or direct the use of any pesticide unless the licensee is certified under s. 94.705 in the applicable use category.
History:  1987 a. 27; 1993 a. 16; 1995 a. 27; 1997 a. 27; 1999 a. 9; 2007 a. 20; 2011 a. 209; 2013 a. 20; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.707 - Distribution and sale of certain pesticides.

94.707
Distribution and sale of certain pesticides.
(1)
Prohibition. No person may distribute, sell, offer for sale or use any pesticide product containing any of the following active ingredients:
(a)
2,4,5-trichlorophenoxyacetic acid (2,4,5-T).
(b)
2-(2,4,5-trichlorophenoxy) propionic acid (silvex).
(c)
Aldrin.
(d)
Chlordane.
(e)
Dieldrin.
(f)
Heptachlor.
(1m)
Use of daminozide on food-producing plants prohibited. No person may distribute, sell, offer for sale or use any pesticide product containing daminozide as an active ingredient and intended for use on a food-producing plant.
(2)
Exemption. The prohibition under sub. (1) does not apply to a person using or possessing a pesticide product containing any active ingredient under sub. (1) (a) to (f) according to the terms and conditions of an experimental use permit issued under the federal act or rules of the department.
(3)
Existing stocks.
(a)
No later than 6 months after the applicable date under par. (d), any person, except a dealer or distributor, who owned any quantity of a pesticide listed in sub. (1m) or containing an active ingredient listed in sub. (1) (c) to (f) on the applicable date under par. (d) shall return or deliver all of that pesticide to the manufacturer or to the dealer or distributor from whom he or she purchased the pesticide.
(b)
No later than one year after the applicable date under par. (d), any dealer or distributor who owned any amount of a pesticide listed in sub. (1m) or containing an active ingredient listed in sub. (1) (c) to (f) on the applicable date under par. (d) or who received any such pesticide under par. (a) shall return or deliver all of that pesticide to the manufacturer.
(c)
Within 30 days after receiving any pesticide under par. (a) or (b), a dealer, distributor or manufacturer shall pay the person from whom the pesticide was received the amount of money which that dealer, distributor or manufacturer charged that person for the quantity of pesticide received. No payment under this paragraph may exceed the fair market value of the pesticide immediately before the applicable date under par. (d).
(d)
The applicable dates for sub. (3) are the following:
1.
For pesticide products containing the ingredients under sub. (1) (c) to (f), May 3, 1988.
2.
For pesticide products containing the ingredient under sub. (1m), February 15, 1990.
History:  1983 a. 397; 1987 a. 357; 1989 a. 52.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.708 - Pesticides; sale and use to control bats.

94.708
Pesticides; sale and use to control bats.
(1)
Definition. As used in this section, “bat control purposes" means for the purpose of killing, injuring, repelling or otherwise affecting the behavior of bats.
(2)
Sale prohibited. Except as provided under sub. (4), no person may sell, hold for sale or distribute any pesticide except naphthalene for bat control purposes to a person in this state. No dealer may advertise in this state or recommend any pesticide for bat control purposes to a person in this state.
(3)
Use prohibited. Except as provided under sub. (4), no person may use any pesticide except naphthalene for bat control purposes.
(4)
Exception. The department shall promulgate rules establishing standards for the sale, advertisement and use of pesticides for emergency bat control. The department may issue a permit authorizing the use of a pesticide in accordance with the rules that it promulgates only in the case of an individual bat colony after a determination that there exists an outbreak of rabies that threatens public health or another situation where the existence of a colony of bats threatens the health or welfare of any person. The department may not base its determination on an isolated individual instance of a rabid bat.
History:  1983 a. 353; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.709 - Distribution and sale of DDT prohibited.

94.709
Distribution and sale of DDT prohibited.
(1)
No person shall distribute, sell, offer for sale or use the chemical compound DDT (dichlorodiphenyltrichloroethane) or any of its isomers except as provided in this section. In sub. (2) “DDT" includes compounds isomeric with DDT.
(2)
(a)
In the event of the outbreak of an epidemic disease of humans or animals spread by insects which it is known can be controlled by DDT but cannot be adequately controlled by any other known pesticide, the department may authorize the use of DDT in controlling the epidemic upon a finding that:
1.
A serious epidemic disease of humans or animals exists;
2.
The disease is likely to spread rapidly unless insects which spread the disease are controlled; and
3.
The only effective means of control is DDT.
(b)
In the event of the outbreak of a plant disease of epidemic proportions which threatens a significant portion of the affected crop and which is caused or spread by an insect which it is known can be controlled by DDT but cannot be adequately controlled by any other known pesticide, the department may authorize the use of DDT in controlling the epidemic upon a finding that:
1.
An epidemic plant disease exists;
2.
The disease threatens a significant portion of the affected crop; and
3.
The only effective means of control is DDT.
(c)
The department also may authorize the use of DDT or its isomers or metabolites for specified research by educational institutions if it finds that no ecologically significant residues of DDT or its isomers or metabolites will be allowed to escape into the environment.
History:  1971 c. 40 s. 93; 1977 c. 203; 1997 a. 27; 1997 a. 111 ss. 18 to 24; Stats. 1997 s. 94.709.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.715 - Pest management for schools.

94.715
Pest management for schools.
(1)
Definition. In this section, “pesticide" has the meaning given in s. 94.67 (25), except that “pesticide" does not include a germicide, sanitizer, or disinfectant.
(2)
Requirements for school boards. A school board shall do all of the following:
(dm)
Authorize pesticide application in a school or on school grounds to be conducted only by persons who are certified in the applicable pesticide use categories under s. 94.705.
(g)
Post notice of each pesticide application in a school or on school grounds at the time of the application and for at least 72 hours following the application.
History:  2001 a. 16; 2021 a. 238 ss. 44, 45.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.76 - Honeybee disease and pest control.

94.76
Honeybee disease and pest control.
(1)
The department shall maintain surveillance of the beekeeping industry for the detection and prevention of honeybee diseases and pests, and may promulgate or issue such rules or orders or adopt such control measures which in its judgment may be necessary to prevent, suppress or control the introduction, spread or dissemination of honeybee diseases and pests in this state.
(2)
In the execution of its functions under this section, the department and its authorized agents shall have free access at all reasonable times to all apiaries, buildings, structures, rooms, vehicles or places where honeybees, beehives, beekeeping equipment or appliances, or honeybee products may be kept or stored, or in which they may be transported, and may open any package or container believed to contain honeybees, honeycombs, honeybee products, beekeeping equipment or appliances or any other materials capable of transmitting honeybee diseases or harboring pests, and obtain inspectional samples from such products or materials for further testing, examination or analysis.
(3)
Honeybees shall be kept in movable frame hives. No person shall knowingly store, hold or expose honeybee products, beehives or any other beekeeping equipment or appliances in a manner which may contribute to the spread or dissemination of honeybee diseases or pests.
(4)
No person may bring or cause to be brought into this state any honeybee, beehive, drawn comb or used beekeeping equipment or appliances without reporting the shipment to the department. Reports shall be made on forms furnished by the department which shall include the name and address of the consignor, name and address of the consignee, date and manner of shipment, and any further information that the department requires. All reports shall be accompanied by a certificate from an official inspector certifying that the materials have been inspected as required by the department by rule and are apparently free from honeybee diseases or pests.
(5)
The department shall charge fees sufficient to cover the reasonable cost of inspections made at the request of any beekeeper to enable the interstate movement of beekeeping equipment or appliances, or honeybees or their products, and may bring an action for the payment thereof including reasonable costs of collection.
History:  1975 c. 39; 1993 a. 216; 1995 a. 307.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.761 - Beekeepers, etc.; agricultural pursuit.

94.761
Beekeepers, etc.; agricultural pursuit.
The moving, raising and producing of bees, beeswax, honey and honey products shall be deemed an agricultural pursuit. Any keeper of 50 or more hives of bees who is engaged in the foregoing activities is a farmer and engaged in farming for all statutory purposes.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.77 - Penalties.

94.77
Penalties.
(1)
Any person who violates any provision of this chapter for which a specific penalty is not prescribed, or an order issued or rule promulgated under such a provision, may be fined not more than $1,000 for the first offense and may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 6 months or both for each subsequent offense.
(2)
In lieu of the criminal penalty under sub. (1), a person who violates any provision of this chapter for which a specific penalty is not prescribed, or an order issued or rule promulgated under such a provision, may be required to forfeit not less than $200 nor more than $5,000 or, for an offense committed within 5 years of an offense for which a penalty has been assessed under this section, may be required to forfeit not less than $400 nor more than $10,000.
(3)
The department may seek an injunction restraining any person from violating this chapter or a rule promulgated under this chapter.
History:  1999 a. 83; 2009 a. 42.
2023 Wisconsin Statutes & Annotations › Chapter 95 - Animal health. › 95.001 - Definitions.

95.001
Definitions.
(1)
As used in this chapter:
(ad)
“Domestic animal" means any of the following:
1.
An animal that is a member of a species that has been domesticated by humans.
2.
A farm-raised deer, farm-raised game bird, or farm-raised fish.
3.
An animal that is listed as a domestic animal by rule by the department.
(ag)
“Farm-raised deer" means a cervid that is kept in captivity or a cervid that is present in the wild and that has an ear tag or other mark identifying it as being raised on a farm.
(ah)
“Farm-raised fish" means any fish egg that is present on a fish farm or any fish that is reared on a fish farm.
(ai)
“Farm-raised game bird" has the meaning given in s. 169.01 (12m).
(aj)
“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.
(am)
“Net salvage value" means the salvage value of an animal plus any federal indemnity paid for the animal.
(b)
“Official vaccinate" means any female bovine animal officially reported to the department as having been vaccinated by an approved veterinarian at an age and in accordance with the procedures the department prescribes and which was properly tattooed at the time of vaccination as required by law or rules of the department.
(c)
“Paratuberculosis" means the disease of domestic ruminants, commonly known as Johne's disease, that is caused by mycobacterium paratuberculosis.
(2)
The department shall promulgate rules defining the term “contagious or infectious diseases" as used in this chapter.
History:  1979 c. 129 s. 11; 1981 c. 20; 1983 a. 189; 1989 a. 277; 1995 a. 79, 450; 2001 a. 56 ss. 119 to 122, 154.
2023 Wisconsin Statutes & Annotations › Chapter 95 - Animal health. › 95.01 - Administration of drugs to horses.

95.01
Administration of drugs to horses.
(1)
No person may administer a drug to a horse, either internally or externally, for the purpose of altering the performance of the horse in a horse pulling contest.
(2)
Persons in charge of a horse pulling contest may require as a condition of participation in the contest that the exhibitor submit the exhibitor's horse for examination by a licensed veterinarian to determine the presence of drugs under sub. (1).
History:  1973 c. 191; 1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 95 - Animal health. › 95.10 - Feeding garbage to swine.

95.10
Feeding garbage to swine.
(1)
Beginning July 1, 1968, it is unlawful for any person to feed public or commercial garbage to swine, or to deposit or receive such garbage on any premises where swine are kept, and no swine having fed on such garbage may be sold or removed from the premises.
(3)
“Public or commercial garbage" as used in this section means putrescible animal or vegetable wastes containing animal parts, resulting from the handling, preparation, processing, cooking or consumption of food and which is collected from any source, and includes dead animals as defined in s. 95.72 (1) (c). The term does not apply to private household wastes not removed from the premises where produced.
(4)
No indemnity shall be paid to the owner of any swine condemned or destroyed because of any infectious or communicable disease if such swine were located, at any time, on any premises receiving public or commercial garbage. No person shall fail or refuse to conform with the department order specifying the manner of disposal of such infected swine. The definition of “communicable disease" in s. 990.01 (5g) does not apply to this subsection.
(5)
No person shall remove or permit the removal of any swine from any premises where public or commercial garbage is received, except to federally inspected slaughtering establishments and other slaughtering establishments approved by the state to receive diseased animals, and only if such swine are accompanied by a certificate of veterinary inspection.
(6)
No person shall bring into this state any raw public or commercial garbage for feeding purposes or for deposit on any premises where swine are kept. Any garbage from vehicles serving food to passengers, if deposited in this state, shall be incinerated.
History:  1981 c. 66, 291; 1981 c. 391 s. 210; 2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 95 - Animal health. › 95.11 - Livestock branding.

95.11
Livestock branding.
(1)
Definitions. As used in this section:
(a)
“Brand" means an identification mark which is burned, tattooed or otherwise permanently marked onto livestock in accordance with department rules. A brand shall consist of a symbol, letter, or combinations of symbols, letters or numbers in a specific location but does not include ear notches or similar disfigurement, a mark which is solely a numeral or a mark required by law for official identification in disease control programs.
(b)
“Livestock" means cattle and horses.
(2)
Adoption and use. Any person may adopt an exclusive brand by recording such brand under sub. (3).
(3)
Recording; fees.
(a)
Any person desiring to adopt any brand, not the recorded brand of another person, shall forward to the department a facsimile of the desired brand, together with a written application and a recording fee. Upon receipt the department shall record the brand, unless the brand is of record as that of some other person or conflicts with the recorded brand of any person. If the brand does not qualify for recording, or there is a conflict between applications received on the same date, the facsimile and fee shall be returned to the applicant. If the brand is accepted, the ownership thereof shall vest from the date of filing.
(b)
In 1984 and every 10th year thereafter, every owner of a brand shall rerecord the brand according to department rules. At the expiration of each recording period the department shall notify every owner of a brand at the owner's address of record that the brand has not been rerecorded and that the brand must be rerecorded within 90 days. Failure to rerecord the brand is an abandonment of the brand, and it can be recorded by another applicant thereafter.
(c)
Any recorded brand is subject to transfer as personal property. Instruments evidencing transfer of a brand shall be recorded by the department upon payment of a transfer fee.
(d)
The fee for initial recording is $20, and for rerecording and transfer is $10. When any brand is recorded, the owner is entitled to one certified copy of the recorded brand. Additional certified copies may be obtained upon the payment of $2 for each copy.
(4)
Suit by owner. An owner of a recorded brand may sue for injunctive relief and damages arising from an unauthorized use of the owner's brand on livestock and a judgment in the owner's favor may include costs and reasonable attorney fees.
History:  1973 c. 239; 1993 a. 490, 492; 1995 a. 225.
2023 Wisconsin Statutes & Annotations › Chapter 95 - Animal health. › 95.12 - False pedigree.

95.12
False pedigree.
No person with intent to defraud shall obtain from any corporation, association, society or company organized for the purpose of improving breeds of domestic animals, a false certificate of registration of any such domestic animal in the herd or other register of any such corporation, association, society or company, or the transfer of any such certificate, or shall, with intent to defraud, give a false pedigree of any such domestic animal.
History:  2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 95 - Animal health. › 95.13 - Misrepresenting breed of domestic animal.

95.13
Misrepresenting breed of domestic animal.
No person shall sell or barter or cause to be sold or bartered any domestic animal and represent, or cause to be represented that such domestic animal is a pure bred domestic animal, when in fact such domestic animal is not registered, or entitled to registry, in any pure breed registry maintained for such domestic animals; nor shall any person knowingly utter, pass or deliver to any person as true, any false, or altered pedigree; nor shall any person refuse to deliver proper certificate of registry for any domestic animal sold or transferred by the person, having represented at the time of sale or transfer, and as an inducement thereto, that such domestic animal was registered and that the person possessed and would deliver a certificate of registry as evidence thereof, or that such domestic animal was entitled to registry and that the person would secure such certificate and deliver the same.
History:  1993 a. 492; 2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 95 - Animal health. › 95.14 - Corporations to improve livestock.

95.14
Corporations to improve livestock.
(1)
Three or more adult persons of this state may form a corporation, without capital stock, to be managed and directed as herein provided, for the purpose of improving the breeding of livestock by such means and methods as may be deemed most advisable, and to receive and manage contributions therefor made from time to time by way of gifts, deed, devise, bequest or otherwise, and to expend the income thereof for the purpose of the corporation. The work of any such corporation shall be entirely educational and designed by practical work with the breeder upon the farm to result in a better understanding and practical application of the scientific and technical principles taught in agricultural colleges and experiment stations, so as to effect the greatest possible coordination between the science and the art or practice of breeding, but such work shall not be merged with the work of any educational institution. Any corporation organized hereunder shall have authority to pay all necessary expenses properly incurred in carrying out the purposes of the corporation, including compensation to employees and to directors for services actually rendered in conducting the affairs of the corporation, but no pecuniary profit shall ever be paid to any incorporator or director.
(2)
Any corporation organized under this section shall be managed and directed by a self-perpetuating board of directors of 5 members, consisting of the dean of the College of Agricultural and Life Sciences of the University of Wisconsin-Madison, who shall be permanent chairperson of the board, and 4 others to be appointed in the first instance by the incorporators; at least 3 of the 5 members shall always be representative livestock breeders of the state. If the dean of the College of Agricultural and Life Sciences fails to act as a member of the board by reason of refusal, disability, or vacancy in the chair of the dean, the remaining members of the board shall appoint a representative livestock breeder to act in his or her place on the board until the time as such refusal, disability, or vacancy in the chair ceases to exist. Whenever the dean of the College of Agricultural and Life Sciences becomes a member of the board of directors after any such interim, the dean shall automatically become chairperson of the board.
(3)
The term of office of all members of the board, except the permanent chairperson, shall expire one each year by lot. The remaining members shall elect a member to succeed the person whose term shall have thus expired. Vacancies occurring during the year may be filled at once by the remaining members.
(4)
Any such corporation shall have the general powers of other corporations and its articles of organization shall conform to s. 181.0202 with such modifications as this section requires.
History:  1973 c. 335 s. 12; 1979 c. 32; 1993 a. 184; 1997 a. 79; 2001 a. 103.
2023 Wisconsin Statutes & Annotations › Chapter 95 - Animal health. › 95.17 - Animal diseases; cooperation with United States.

95.17
Animal diseases; cooperation with United States.
Whenever it is determined by the department and the state constitutional officers that it is necessary to combat dangerous diseases in animals in this state in cooperation with the U.S. department of agriculture and to destroy animals affected with or which have been exposed to any such disease or to destroy property in the disinfection of the premises or to do any other act or incur any other expense reasonably necessary in suppressing or combating such disease, the department may accept, on behalf of the state, the rules and regulations prepared by the U.S. department of agriculture under authority of an act of congress relating to the suppression of any such disease and cooperate with the authorities of the U.S. in the enforcement of their provisions; or it may follow such procedure as to inspection, vaccination, condemnation, appraisal, disinfection and other acts reasonably necessary in the suppression of such diseases as may be agreed upon and adopted by the department and the state constitutional officers with the representatives of the U.S. department of agriculture. Within the amount which may, subsequent to March 23, 1915, be appropriated for this purpose, the state shall pay such proportion of the expense incurred in suppressing or combating any such disease and in compensating owners of animals slaughtered under this section as shall be determined by and mutually agreed upon with the U.S. department of agriculture.
History:  1975 c. 308; 2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 95 - Animal health. › 95.185 - Voluntary individual animal identification.

95.185
Voluntary individual animal identification.
(1)
Definition. In this section, “RFID tag” means a radio frequency identification tag, regardless of whether it uses low or high frequency technology.
(2)
Voluntary individual animal identification. The department shall create and administer a voluntary program under which a person who has obtained a livestock premises registration under s. 95.51 may obtain RFID tags for individual bovine animals, goats, sheep, swine, or farm-raised deer. An RFID tag must include a 15-digit individual animal identification number that is connected to the livestock premises identification code for the animal's premises of origin. As part of the program under this section, the department shall maintain on its Internet site a link to the U.S. Department of Agriculture's list of authorized manufacturers of animal identification number devices. The department may contract with an agent to collect and maintain individual animal identification records, which may include submitting the information to an existing state or federal database. Individual animal identification records held by the department or by an agent with whom the department has contracted are not subject to copying or inspection under s. 19.35 (1) and, unless an exemption provided under s. 95.51 (5) (b) or (c) applies, the department or the agent may not disclose such records. The department may promulgate rules to implement this section. The department may amend any rules promulgated under this section as necessary to adapt to future advances in animal identification technology, including to substitute RFID tags with another technology if RFID technology becomes obsolete.
History:  2019 a. 178.
2023 Wisconsin Statutes & Annotations › Chapter 95 - Animal health. › 95.19 - Diseased animals.

95.19
Diseased animals.
(1)
Definitions. In this section, “knowingly" means that the actor believes that the specified fact exists.
(2)
Prohibitions. No person may do any of the following:
(a)
Import, sell, transport or exhibit an animal that is exposed to a contagious or infectious disease, except as provided in sub. (3) (a).
(b)
Import, sell, transport or exhibit an animal that is infected with a contagious or infectious disease, except as provided in sub. (3) (a).
(c)
Knowingly conceal that an animal that is imported, sold, transported or exhibited has been exposed to or infected with a contagious or infectious disease.
(d)
Knowingly misrepresent that an animal has not been exposed to or infected with a contagious or infectious disease.
(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.
(3)
Rule making. The department may promulgate rules:
(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.
(b)
Specifying those contagious or infectious diseases to which the prohibitions of sub. (2), and the rules promulgated under par. (a), apply.
(4)
Damages. A person who violates this section is liable to any person injured for damages sustained as a result of the violation.
History:  1989 a. 277.
Use of the phrase “any person injured" does not show that the legislature intended to allow recovery under this section only when a violation of this section causes personal injuries, as opposed to economic losses. Wilson v. Tuxen, 2008 WI App 94, 312 Wis. 2d 705, 754 N.W.2d 220, 07-1964.
This section specifically gives the Department of Agriculture, Trade and Consumer Protection the authority to specify which contagious or infectious diseases can create liability under sub. (2) (a) to (e), which it has done. The two claims found in sub. (2) (a) and (b) are strict liability statutes that are restricted by rule to specified diseases. Sub. (2) (c) to (e) prohibit 3 different kinds of knowing conduct. By rule, liability under sub. (2) (c) to (e) may be based on any disease that is either contagious or infectious. Wilson v. Tuxen, 2008 WI App 94, 312 Wis. 2d 705, 754 N.W.2d 220, 07-1964.
2023 Wisconsin Statutes & Annotations › Chapter 95 - Animal health. › 95.195 - Diseases; implied warranty in sale of animals.

95.195
Diseases; implied warranty in sale of animals.
(1)
Definition. In this section, “covered disease" means a disease that the department specifies under sub. (4) (a) is covered by this section.
(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:
(a)
The management classification of the animal's herd with respect to the covered disease.
(b)
If the animal is a reactor with respect to the covered disease, that the animal is a reactor.
(3)
Exception. The warranty under sub. (2) does not apply to an animal sold directly to slaughter.
(4)
Rules. The department shall promulgate rules that do all of the following:
(a)
Specify covered diseases.
(b)
Specify types of animals to which this section applies.
(c)
Prescribe a system for determining management classifications of herds with respect to covered diseases.
History:  1989 a. 277; 1999 a. 160.
The legislature intended this section as an implied warranty in addition to the implied warranties found in ss. 402.314 and 402.315, not as a stand-alone provision. As a result, the provisions of ch. 402, including the notice of breach requirement in s. 402.607 (3) (a), apply to a claim for breach of the warranty under this section. Wilson v. Tuxen, 2008 WI App 94, 312 Wis. 2d 705, 754 N.W.2d 220, 07-1964.
2023 Wisconsin Statutes & Annotations › Chapter 95 - Animal health. › 95.197 - Financial assistance for paratuberculosis testing.

95.197
Financial assistance for paratuberculosis testing.
(1)
The department shall provide financial assistance to owners of livestock herds for conducting testing for paratuberculosis.
(2)
The department shall promulgate rules for providing financial assistance under sub. (1).
History:  1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 95 - Animal health. › 95.20 - Import and movement of animals.

95.20
Import and movement of animals.
The department may prohibit or regulate the importing of animals into this state or the movement of animals within this state if the department has reasonable grounds to believe that regulation or prohibition is necessary to prevent the introduction or spread of a disease in this state that threatens the health of animals or of humans.
History:  1981 c. 291; 1981 c. 391 s. 210; 2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 95 - Animal health. › 95.22 - Reporting animal diseases.

95.22
Reporting animal diseases.
(1)
A veterinarian and the department of natural resources shall report to the department of agriculture, trade and consumer protection any disease specified in the rules promulgated under sub. (2) (a) each time a veterinarian or the department of natural resources discovers that such a disease is present in any animal in this state.
(2)
The department shall promulgate rules that specify all of the following:
(a)
The diseases that a veterinarian or the department of natural resources must report under this section.
(b)
For each disease specified in par. (a), the deadline for reporting the disease after the date of its discovery.
(c)
The information that a veterinarian or the department of natural resources must include in his or her report.
(d)
Procedures to be used in preparing and submitting the report.
(3)
The department of agriculture, trade and consumer protection shall notify the department of natural resources of the contents of any report submitted under sub. (1) by a veterinarian if the department of agriculture, trade and consumer protection determines that the disease that is the subject of the report may present a threat to any wild animals present in this state.
(4)
The department shall provide the reports of any communicable diseases under sub. (1) to the department of health services and to the local health officer, as defined in s. 250.01 (5), for the area in which the animal is located.
History:  1981 c. 291; 1981 c. 391 s. 210; 1993 a. 492; 1999 a. 83; 2001 a. 56, 109; 2003 a. 321; 2005 a. 198; 2007 a. 20 s. 9121 (6) (a).