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Wis. Stat. § 95.195

Diseases; implied warranty in sale of animals

Applied in 1 court decision — leading case 2008 WI App 94 - Wilson v. Tuxen (2008)

Most recently applied in 2008 WI App 94 - Wilson v. Tuxen (May 2008)

1989 a. 277; 1999 a. 160.

(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.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.