Section 95.68. Animal markets.

 

(1)   Definitions. In this section:

(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.

(ai) “Animal transport vehicle" has the meaning given in s. 95.71 (1) (dm) .

(am) “Equine animal" means a horse, mule, zebra, donkey or ass.

(b) “Equine market" means an animal market that is open to the public solely for the purpose of trading in equine animals.

(d) “Livestock" means bovine animals, sheep, goats, swine, farm-raised deer and equine animals.

(g) “Wild animal" means a wild animal that is subject to regulation under ch. 169 .

(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.

(2m)   Exemptions.

(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 .

(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.

(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) .

(4)   License fee; reinspection fee.

(a) The department shall, by rule, specify the fee for an animal market license issued under this section.

(b)

1. If the department reinspects an animal market because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the animal market operator the reinspection fee specified under subd. 2.

2. The department shall specify the reinspection fee to be charged under subd. 1. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the animal market. The department may specify different reinspection fees for different animal markets.

3. A reinspection fee under this paragraph is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal market operator.

(5)   Surcharge and past fees.

(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:

1. Operated an animal market without a license in violation of sub. (2) .

1m. Operated a livestock market, as defined in s. 95.68 (1) (e) , 1999 stats., without a license in violation of s. 95.68 (2) , 1999 stats.

2. Operated an unregistered animal transport vehicle in violation of sub. (7) .

2m. Operated an unregistered livestock vehicle, as defined in s. 95.71 (1) (g) , 1999 stats., in violation of s. 95.68 (7) , 1999 stats.

(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.

(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.

(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.

(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.

(8)   Rules. The department may promulgate rules 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.

(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.

1993 a. 16 ; 1995 a. 79 , 95 ; 2001 a. 56 ; 2009 a. 28 . Cross-reference: See also ch. ATCP 12 , Wis. adm. code.