SB119,6,18 13(8) Seed certification; Wisconsin heritage seed. (a) The Wisconsin Crop
14Improvement Association, or any successor organization, in cooperation with the
15University of Wisconsin-Madison College of Agricultural and Life Sciences and the
16department, shall establish and administer a certification program for industrial
17hemp seed in this state. Participation in the certification program shall be voluntary
18for growers and cultivators of industrial hemp.
SB119,6,2219 (b) The University of Wisconsin-Madison College of Agricultural and Life
20Sciences and the department may develop a Wisconsin heritage seed for industrial
21hemp. In developing a Wisconsin heritage seed, the college and the department may
22do any of the following:
SB119,6,2323 1. Breed, plant, grow, cultivate, and harvest the plant Cannabis.
SB119,6,2524 2. Use Cannabis seeds from plants that have a delta-9-tetrahydrocannabinol
25concentration of not more than 1.0 percent.
13. Collect seeds from wild Cannabis plants.
SB119,7,6 2(9) Testing of industrial hemp intended for consumption. (a) All industrial
3hemp and each industrial hemp product intended for human consumption shall be
4tested, in its final consumer-ready state, by an independent testing laboratory to
5confirm that it is nonpsychoactive and contains safe levels of potential contaminants.
6An independent testing laboratory shall have all of the following:
SB119,7,117 1. Accreditation by an impartial organization that provides accreditation
8pursuant to the standard ISO/IEC 17025 of the International Organization for
9Standardization and that is a signatory to the International Laboratory
10Accreditation Corporation Mutual Recognition Arrangement, or other comparable
11accreditation standard required by the department.
SB119,7,1512 2. A demonstrated ability to accurately measure individual cannabinoids in
13both their acidic and neutral forms down to 0.05 percent by weight, including
14delta-9-tetrahydrocannabinol, delta-9-tetrahydrocannabinolic acid, cannabidiol,
15and cannabidiolic acid.
SB119,7,2216 (b) For the purpose of testing under this subsection, an independent testing
17laboratory may possess industrial hemp and industrial hemp products grown,
18cultivated, harvested, or processed by a person licensed under sub. (2) or by a person
19in another state or country in accordance with the laws of that state or country. Any
20testing performed by a laboratory under this subsection shall comply with the
21methodologies, ranges, and parameters for testing described in the laboratory's
SB119,8,223 (c) The department may create a registration program to register persons to
24sample an industrial hemp crop and transport the industrial hemp sample to an
25independent testing laboratory. A person registered under this paragraph shall be

1trained by the department in sampling and chain of custody protocols. The
2department may charge a reasonable fee for registration and training.
SB119,8,83 (d) An independent testing laboratory that tests for an industrial hemp crop's
4delta-9-tetrahydrocannabinol concentration shall provide the test results to the
5department in a form and manner prescribed by the department. An independent
6testing laboratory shall provide to the department, at the department's request, test
7results from testing on any industrial hemp or industrial hemp product intended for
8human consumption.
SB119,8,10 9(10) Rules. The department shall promulgate rules for the administration of
10this section including rules concerning all of the following:
SB119,8,1111 (a) Administering a program for certifying industrial hemp seed.
SB119,8,1312 (b) Sampling and testing plants during growth for
13delta-9-tetrahydrocannabinol levels.
SB119,8,1414 (c) Developing programs for researching industrial hemp genetics.
SB119,8,1515 (d) Supervising the growing, harvesting, and processing of industrial hemp.
SB119,8,1816 (e) Safe levels of potential contaminants in industrial hemp and industrial
17hemp products intended for human consumption, including pesticides, heavy
18metals, residual solvents, and microbiological contaminants, for purposes of sub. (9).
SB119,8,2119 (f) Sampling and testing industrial hemp and industrial hemp products in their
20final consumer-ready state, including determining batch sizes and nonpsychoactive
21levels of delta-9-tetrahydrocannabinol, for purposes of sub. (9).
SB119,8,24 22(11) Agricultural product or commodity. Industrial hemp and industrial
23hemp products shall be considered agricultural products or commodities under all
24applicable provisions of the statutes.
SB119,3 25Section 3. 94.67 (2) of the statutes is amended to read:
194.67 (2) “Agricultural commodity" means any plant or part of a plant, animal
2or animal product produced by a person primarily for sale, consumption, propagation
3or other use by humans or animals. “Agricultural commodity” includes industrial
4hemp, as defined in s. 94.55 (1).
SB119,4 5Section 4. 97.02 of the statutes is amended to read:
SB119,9,9 697.02 Standards; adulterated food. For the purposes of this chapter, a food
7is adulterated if it is adulterated within the meaning of 21 USC 342 , except that the
8department may not consider a food to be adulterated solely because it contains
9industrial hemp, as defined in s. 94.55 (1), or an industrial hemp product
SB119,5 10Section 5. 348.27 (18) (a) 1. e. of the statutes is created to read:
SB119,9,1111 348.27 (18) (a) 1. e. Industrial hemp, as defined in s. 94.55 (1).
SB119,6 12Section 6. 961.32 (3) of the statutes is created to read:
SB119,9,1413 961.32 (3) (a) In this subsection, “industrial hemp" has the meaning given in
14s. 94.55 (1).
SB119,9,2515 (b) A person licensed by the department of agriculture, trade and consumer
16protection under s. 94.55 (2), and an agent or employee of the person acting in the
17usual course of the agent's or employee's business or employment, may plant, grow,
18cultivate, harvest, process, possess, transport, sell, deliver, distribute, or buy
19industrial hemp in this state to the extent authorized by the person's license and in
20conformity with s. 94.55 and the rules promulgated under that section. A person
21licensed under s. 94.55 (2), and an agent or employee of the person acting in the usual
22course of the agent's or employee's business or employment, who plants, grows, or
23cultivates industrial hemp, may not be prosecuted for a criminal offense if the
24delta-9-tetrahydrocannabinol concentration of the crop grown or cultivated is 1.5
25percent or less on a dry weight basis, or if the person planted seed that has been

1certified as having a delta-9-tetrahydrocannabinol concentration of no more than
20.3 percent. A person may not be prosecuted for a criminal offense for possessing,
3transporting, selling, delivering, distributing, or buying industrial hemp in this
4state if the industrial hemp was planted, grown, cultivated, harvested, and
5processed by a person licensed under s. 94.55 (2) or by a person in another state or
6country in accordance with the laws of that state or country.
SB119,7 7Section 7. 961.55 (8) of the statutes is renumbered 961.55 (8) (intro.) and
8amended to read:
SB119,10,139 961.55 (8) (intro.) The failure, upon demand by any officer or employee
10designated in s. 961.51 (1) or (2), of the person in occupancy or in control of land or
11premises upon which the species of plants are growing or being stored, to produce an
12one of the following constitutes authority for the seizure and forfeiture of the plants
13described in sub. (7):
SB119,10,15 14(a) An appropriate federal registration, or proof that the person is the holder
15thereof, constitutes authority for the seizure and forfeiture of the plants.
SB119,8 16Section 8. 961.55 (8) (b) of the statutes is created to read:
SB119,10,1717 961.55 (8) (b) Evidence of licensure under s. 94.55 (2).
SB119,9 18Section 9. 961.55 (9) of the statutes is created to read:
SB119,11,219 961.55 (9) If a crop intended to be industrial hemp, as defined in s. 94.55 (1),
20is tested for delta-9-tetrahydrocannabinol levels and the average concentration of
21delta-9-tetrahydrocannabinol in a whole dry plant is found to exceed 1.0 percent,
22the entire crop on the field where the plant was found shall be seized and destroyed.
23Before a crop is seized and destroyed under this subsection, the agency whose officers
24or employees intend to seize and destroy the crop shall provide, to the person licensed
25under s. 94.55 (2) to grow the crop or to the person's agent or employee, written

1documentation verifying the test results for the crop that is subject to seizure and
SB119,10 3Section 10. Nonstatutory provisions.
SB119,11,44 (1) Legislative findings. The legislature finds all of the following:
SB119,11,65 (a) That the Cannabis sativa plant used for the production of industrial hemp
6is separate and distinct from forms of Cannabis used to produce marijuana.
SB119,11,97(b) That section 7606 of the federal farm bill of 2014, 7 USC 5940, allows states
8to establish agricultural pilot programs to study the growth, cultivation, or
9marketing of industrial hemp.
SB119,11,1210 (c) That industrial hemp is used in products such as building materials,
11textiles, cordage, fiber, food, floor coverings, fuel, paint, animal feed, paper, particle
12board, plastics, seed meal, cosmetics, seed, oil, and yarn.
SB119,11,1413 (d) That cannabidiol and hemp seed oil have the ability to provide relief for
14more maladies than medical marijuana, without psychotropic effect.
SB119,11,1715 (e) That the growth, cultivation, and processing of industrial hemp will provide
16an alternate crop to vitalize the agricultural sector in this state and will provide
17production and processing jobs.
SB119,11,1818 (End)