Animal Health - Condemnation Of Animals

Docket No. 2331
Where an outbreak of bovine tuberculosis occurs in a herd of cervidae which is located in an isolated area away from other domestic livestock, kept under quarantine in state-of-the-art facility for almost 3 years with very limited spread of the disease within the herd, with an extremely minimal risk of spreading the disease to other domestic livestock, the Department found that it was not necessary, under s. 95.31, Stats., to condemn and slaughter the entire herd to protect or control the spread of the dangerous disease among domestic animals of the state.  However, the position of the Animal Health Division was found to substantially justified so that costs and attorney's fees were not awarded to the prevailing party.  In the Matter of the Cervidae Owned by Boyer Creek Ranch, Inc., Norbert Berg, President, Respondent.  Docket No. 2331. (September 3, 1992).