Section 10.89. Quarantines.

 

(1)   Quarantine order.

(a) The department may, without prior notice or hearing, issue an order quarantining domestic animals or captive wild animals in this state for any of the following purposes:

1. To prevent, suppress, control, or eradicate contagious, infectious, or communicable diseases that may affect animals, or that may be transmitted from animals to humans.

2. To prevent the movement or commingling of animals pending further testing, diagnosis, traceback, or investigation related to known or suspected disease.

(b) A quarantine order under par. (a) may prohibit the commingling of animals, the movement of quarantined animals, the movement of animals from quarantined premises, or the movement of animals onto quarantined premises without department approval.

(c) No person may move any animal in violation of a quarantine order under par. (a) , or fail to comply with the terms and conditions of a quarantine order.

(2)   Service of quarantine order. A quarantine order under sub. (1) shall be served upon a person having custody or control of the quarantined animals, or shall be posted on the premises affected by the quarantine order. A quarantine order may be served by any of the following methods:

(a) Personal service.

(b) Certified mail.

(c) Posting a copy of the order at 2 conspicuous places on the premises affected by the quarantine.

(3)   Proof of service. Service under sub. (2) may be proved by affidavit or by certified mail return receipt.

(4)   Contents of quarantine order. A quarantine order under sub. (1) shall contain the following information:

(a) The name and address of a person having custody or control of the quarantined animals, if known.

(b) A description of the animals affected by the quarantine.

(c) A description of the premises affected by the quarantine.

(d) The reason or justification for the quarantine.

(e) All terms and conditions applicable to the quarantine.

(f) Notice that persons adversely affected by the quarantine may request a hearing to review the quarantine order.

(5)   Duration of quarantine order. A quarantine order under sub. (1) remains in effect until the department releases or modifies the order in writing.

(6)   Review of quarantine. A person adversely affected by a quarantine order under sub. (1) may, within 30 days after the quarantine order is served, request a hearing before the department to review the quarantine. The department shall conduct an informal hearing as soon as reasonably possible, and not later than 10 days after receiving a request for hearing. If the matter is not resolved after informal hearing, the person requesting the hearing may seek a formal hearing under ch. 227 , Stats. , and ch. ATCP 1 . A request for hearing does not stay a quarantine order.

CR 06-009 : cr. Register September 2006 No. 609 , eff. 10-1-06.