LRBb0431/1
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2003 - 2004 LEGISLATURE
SENATE AMENDMENT 45,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 2003 SENATE BILL 44
June 18, 2003 - Offered by Senators Decker, Chvala, Moore and Robson.
SB44-SSA1-SA45,1,10
415.13 Department of agriculture, trade and consumer protection;
5creation. There is created a department of agriculture, trade and consumer
6protection under the direction and supervision of the board of agriculture, trade and
7consumer protection. The board shall consist of
7
9 members with an agricultural
8background
and 2 members who are consumer representatives, appointed for
9staggered 6-year terms. Appointments to the board shall be made without regard
10to party affiliation, residence or interest in any special organized group.
SB44-SSA1-SA45,2,4
115.137
(1) (a) (intro.) There is created in the department of agriculture, trade
2and consumer protection an agricultural producer security council consisting of the
3following members appointed by the secretary of agriculture
, trade, and rural
4resources for 3-year terms:".
SB44-SSA1-SA45,2,13
73. Page 97, line 11: decrease the dollar amount for fiscal year 2003-04 by
8$1,445,400 and decrease the dollar amount for fiscal year 2004-05 by $1,445,400 to
9reflect the transfer of certain consumer information programs, functions, and
10enforcement activities to the department of justice and to decrease the authorized
11FTE positions of the department of agriculture, trade and rural resources by 26.35
12GPR positions related to the transferred programs, functions, and activities, and
13adjust the NET APPROPRIATION totals accordingly.
SB44-SSA1-SA45,2,19
144. Page 97, line 20: decrease the dollar amount for fiscal year 2003-04 by
15$21,000 and decrease the dollar amount for fiscal year 2004-05 by $21,000 to reflect
16the transfer of certain consumer information programs, functions, and enforcement
17activities to the department of justice and to decrease the authorized FTE positions
18of the department of agriculture, trade and rural resources by 0.20 PR position
19related to the transferred programs, functions, and activities.
SB44-SSA1-SA45,3,2
205. Page 97, line 22: decrease the dollar amount for fiscal year 2003-04 by
21$31,100 and decrease the dollar amount for fiscal year 2004-05 by $31,100 to reflect
22the transfer of certain consumer information programs, functions, and enforcement
23activities to the department of justice and to decrease the authorized FTE positions
1of the department of agriculture, trade and rural resources by 0.30 PR position
2related to the transferred programs, functions, and activities.
SB44-SSA1-SA45,3,12
79. Page 213, line 14: increase the dollar amount for fiscal year 2003-04 by
8$1,563,800 and increase the dollar amount for fiscal year 2004-05 by $1,463,800 to
9reflect the transfer of certain consumer information programs, functions, and
10enforcement activities to the department of justice and to increase the authorized
11FTE positions of the department of justice by 26.0 GPR positions related to
12transferred programs, functions, and activities.
SB44-SSA1-SA45,4,217
20.115
(1) (hm)
Ozone-depleting refrigerants and products regulation. The
18amounts in the schedule for administration of the mobile air conditioner servicing
19and refrigerant recycling programs and for responsibilities under
ss. s. 100.45
and
20100.50 relating to sales and labeling of products containing or made with
1ozone-depleting substances. All moneys received from fees under s. 100.45 (5) (a)
23. and (5m) shall be credited to this appropriation.".
SB44-SSA1-SA45,4,7
7"
Section 555g. 20.455 (1) (title) of the statutes is amended to read:
SB44-SSA1-SA45,4,88
20.455
(1) (title)
Legal and regulatory services.
SB44-SSA1-SA45,4,1310
20.455
(1) (g)
Consumer protection, information, and education. The amounts
11in the schedule for consumer protection and consumer information and education.
12All moneys received under s. 100.261 (3) (d) shall be credited to this appropriation
13account, subject to the limit under s. 100.261 (3) (e).
SB44-SSA1-SA45,4,1815
20.455
(1) (j)
Telephone solicitation regulation. All moneys received from
16telephone solicitor registration and registration renewal fees paid under the rules
17promulgated under s. 100.52 (3) (a) for establishing and maintaining the
18nonsolicitation directory under s. 100.52 (2).".
SB44-SSA1-SA45,5,221
93.07
(1) Regulations. To make and enforce such regulations, not inconsistent
22with law, as it may deem necessary for the exercise and discharge of all
of the powers
23and duties of the department, and to adopt such measures and make such
24regulations as are necessary and proper for the
enforcement by the state of
1department to carry out its duties and powers under chs. 93 to 100
, which regulations
2shall have the force of law.
SB44-SSA1-SA45,5,64
93.07
(23) Consumer protection administration. To administer ss. 100.01 to
5100.14, 100.183 to 100.19, 100.201, 100.202, 100.206, 100.21 to 100.24, 100.265,
6100.27, 100.285 to 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51.
SB44-SSA1-SA45,5,108
93.07
(24) Enforcement of laws. To enforce
or assist in the enforcement of chs.
988 and 93 to
99, those laws under ch. 100
administered by the department, and all
10other laws entrusted to its administration, and especially:
SB44-SSA1-SA45,5,1311
(a) To enforce the laws
administered by the department regarding the
12production, manufacture and sale, offering or exposing for sale or having in
13possession with intent to sell, of any dairy, food or drug product.
SB44-SSA1-SA45,5,1514
(b) To enforce the laws
administered by the department regarding the
15adulteration or misbranding of any articles of food, drink, condiment or drug.
SB44-SSA1-SA45,5,2016
(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article
17of food, drink, condiment or drug made or offered for sale within this state which it
18may suspect or have reason to believe
, under the laws administered by the
19department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or
20in any way unlawful.
SB44-SSA1-SA45,5,2521
(d) To prosecute or cause to be prosecuted
, under the laws administered by the
22department, any person engaged in the manufacture or sale, offering or exposing for
23sale or having in possession with intent to sell, of any adulterated dairy product or
24of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles
25of food, drink, condiment or drug.
SB44-SSA1-SA45,6,132
93.18
(3) The department
of justice, after acting pursuant to s. 100.37 or 100.41
3to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric,
4product or related material ceased, shall give written notice of its finding to the
5manufacturer, seller or other person responsible for placing the item in the channels
6of trade in this state. After such notice no person may sell, remove or otherwise
7dispose of such item except as directed by the department
of justice. Any person
8affected by such notice may demand a prompt hearing to determine the validity of
9the
department's findings
of the department of justice. The hearing, if requested,
10shall be held as expeditiously as possible but not later than 30 days after notice. A
11request for hearing does not operate to stay enforcement of the order during the
12pendency of the hearing. The person petitioning for a hearing shall be entitled to the
13same rights specified under sub. (2).
SB44-SSA1-SA45,6,1715
93.18
(7) The department of justice shall follow the procedures under subs. (1),
16(2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the
17department of justice.
SB44-SSA1-SA45,6,2219
93.20
(1) Definition. In this section, "action" means an action that is
20commenced in court by, or on behalf of, the department of agriculture, trade and
21consumer protection to enforce chs. 88, 91 to 100 or 126
or an action that is
22commenced in court by the department of justice to enforce ch. 100.
