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.
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