Wisconsin Statutes 95.195 – Diseases; implied warranty in sale of animals
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Terms Used In Wisconsin Statutes 95.195
- Contract: A legal written agreement that becomes binding when signed.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
- Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
(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.