95.31 Condemnation of diseased animals.
(1) The department may condemn animals that are affected with or exposed to a contagious or infectious disease if the department determines that it is necessary to do so to prevent or control the spread of the disease. Condemned animals shall be slaughtered or destroyed as directed by the department.
(2) If the department determines that it is necessary to condemn an animal under sub. (1), the department shall, in all cases where the payment of indemnities is authorized under this chapter, appraise the animal as provided in s. 95.32 and shall notify the owner in writing of the appraised value. The notice shall include the number and description of the animals and the name of the owner.
(3) In addition to the indemnities for specific animal diseases provided under ss. 95.25, 95.26 and 95.27 or under special emergency programs and subject to s. 95.36, the department shall pay indemnities on livestock condemned and slaughtered or destroyed because of other diseases if the department determines that the condemnation and slaughter or destruction is necessary to protect public health or the livestock industry. The indemnity under this subsection shall be two-thirds of the difference between net salvage value and appraised value, but may not exceed $1,500 for an animal, except as provided in sub. (3m). As used in this subsection, “livestock" means animals of species raised primarily to produce food for human consumption, including farm-raised deer.
(3m) If the department condemns an animal because the animal is suspected to have a transmissible spongiform encephalopathy and the owner disposes of the carcass as directed by the department, the department shall increase the amount of the indemnity calculated under sub. (3) or s. 95.23 (1m) (b) by the costs of the destruction of the animal and of the disposal, transportation, and any necessary storage of the animal's carcass. An indemnity paid because of the condemnation of an animal to which this subsection applies may exceed $1,500.
(4) In the event of a major or serious outbreak of a contagious or infectious disease that may affect public health or the health of animals and that requires special control measures, the department may request the joint committee on finance to release funds appropriated under s. 20.115 (2) (b) as needed to conduct emergency control programs independently or in cooperation with federal or local units of government and, subject to s. 95.36, to pay indemnities on animals of species raised primarily to produce food for human consumption, including farm-raised deer, condemned and slaughtered or destroyed under the emergency control programs. For all indemnities paid under this subsection, the state shall pay two-thirds of the difference between the net salvage value and the appraised value of an animal, except that no payment may exceed $1,500 for an animal.
History: 1977 c. 146; 1977 c. 449 s. 497; 1981 c. 20; 1989 a. 31; 1991 a. 269; 1995 a. 79, 450; 2001 a. 56; 2005 a. 25.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
95.01 - Administration of drugs to horses.
95.10 - Feeding garbage to swine.
95.13 - Misrepresenting breed of domestic animal.
95.14 - Corporations to improve livestock.
95.17 - Animal diseases; cooperation with United States.
95.185 - Voluntary individual animal identification.
95.195 - Diseases; implied warranty in sale of animals.
95.197 - Financial assistance for paratuberculosis testing.
95.20 - Import and movement of animals.
95.21 - Rabies control program.
95.22 - Reporting animal diseases.
95.23 - Disease investigation and enforcement.
95.232 - Confidentiality of paratuberculosis records.
95.235 - Sale of certain painted utensils.
95.24 - Living vaccine, hog cholera, anthrax, swine erysipelas.
95.25 - Tuberculosis control program.
95.26 - Brucellosis control program.
95.27 - Pseudorabies control program; indemnities.
95.30 - Disposal of animals infected with tuberculosis.
95.31 - Condemnation of diseased animals.
95.33 - Tubercular animals that do not react.
95.34 - Slaughter on premises.
95.35 - Scrapie eradication: indemnities.
95.36 - Indemnity not allowed.
95.38 - Altering records; tampering with ear tags.
95.40 - Neutralizing tuberculosis test.
95.42 - Revocation of permit to test.
95.43 - Application of brucellosis test.
95.45 - Certificates of veterinary inspection; tests for interstate shipment.
95.46 - Brucellosis vaccination; official vaccinates.
95.48 - Brucellosis indemnity restrictions.
95.50 - Transportation and disposal of animal carcasses.
95.51 - Livestock premises registration.
95.57 - Poultry and farm-raised game birds; national poultry improvement program.
95.60 - Importing fish; fish farms.
95.65 - Intrastate transportation of white-tailed deer.
95.67 - Proper use of animal care and disease control products.
95.715 - Feed lots and veal lots.
95.72 - Transportation, processing and disposal of dead animals.