Section 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.

1989 a. 277 ; 1999 a. 160 . Cross-reference: See also chs. ATCP 10 and 12 , Wis. adm. code. 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 .