The department may refuse to renew a permit if it appears from the operational records and reports of the permittee that an original permit would not be issuable for the operation, or if the permittee has violated any provision of this section or of any of the rules issued under this section.
(10) Restoration of license or permit. 93.35(10)(a)(a)
At any time after the suspension or revocation of a license or permit under sub. (9) (a)
the department may restore it to the licensee or permittee upon a finding that the requirements for issuance of an original license or permit have been met by the licensee or permittee.
At any time after the refusal to renew a license or permit under sub. (9) (b)
the department may renew it upon a finding that the requirements for issuance of an original license or permit have been met by the licensee or permittee.
(11) Decision review.
Any decision made by the department under this section is reviewable under ch. 227
In order to aid in research and development of weather modification and to aid in the protection of the public health, safety and welfare and the environment, any person conducting any weather modification in this state or elsewhere by undertaking operations within this state shall keep records and file reports at times and in the manner and form as may be required by rules issued under this section.
Record and report forms may be developed by the department showing the method of weather modification employed in the operation, the type of equipment used, the kind and amount of each material used, the times and places the equipment was operated, the times when there was modifiable weather but the permittee did not operate and the reasons for not operating, the name and address of each individual, other than the licensee, who participates or assists in the operation, the manner in which operations do not conform to the conditions and limits of the permit as established under sub. (6)
or as modified under sub. (8)
, weather observations and records specified by the department and any other necessary data the department may, by rule, require.
The records and reports which are in the custody of the department and which have been filed with it under this section or under the rules made under this section shall be kept open for public examination as public documents.
(13) State immunity.
Nothing in this section shall be construed to impose or accept any liability or responsibility by the state, its agencies and the officers and employees of the state or its agencies for any injury caused by any persons who conduct weather modification operations.
An operation conducted under the license and permit requirements of this section is not an ultrahazardous or an abnormally dangerous activity which makes the licensee or permittee subject to liability without fault.
Dissemination of materials and substances into the atmosphere by a permittee acting within the conditions and limits of his or her permit shall not give rise to the contention that the use of the atmosphere constitutes trespass.
Except as provided in pars. (a)
and in sub. (13)
nothing in this section shall prevent any person adversely affected by a weather modification operation from recovering damages resulting from intentional harmful actions or negligent conduct by a permittee.
Failure to obtain a license and permit before conducting an operation, or operational activities which knowingly constitute a violation of the conditions or limits of a permit, shall constitute negligence.
The fact that a person holds a license or was issued a permit under this section, or that the person has complied with the rules made by the department under this section, is not admissible as a defense in any legal action which may be brought against the person.
Any person who violates this section or any rules promulgated under this section shall be fined not more than $1,000 or imprisoned for not more than 6 months or both.
The department may apply to a court of competent jurisdiction for an injunction, either temporary or permanent, to restrain violations of this section or rules promulgated under this section.
See also s. ATCP 54.06
, Wis. adm. code.
Dairy promotion. 93.40(1)(1)
The department shall:
Promote the sale of Wisconsin dairy products.
Stimulate, promote, advertise and publicize the dairy industry in this state.
Create an accurate national and international image of the state dairy industry.
Encourage all farmers and dairy businesses to participate in available education programs.
Encourage and cooperate with communities, groups and individuals in the state in pursuing the dairy promotion objectives of the department.
Coordinate and stimulate the orderly and ecologically sound development of the dairy industry throughout the state.
Promote the growth of the dairy industry through research, planning, and assistance, including grants and loans to dairy producers.
The department shall annually formulate a plan to encourage the marketing of dairy products and the promotion of the dairy industry of the state for the ensuing year, and shall implement the plan. The department shall cooperate with farmers, dairy businesses and organizations to assure coordination with private plans and programs.
The department may:
Collect and disseminate information as to the availability and the economic and nutritional advantages of dairy products.
Establish, manage and operate permanent or temporary dairy promotion centers to be operated by the department in cooperation with the department of tourism tourist information centers along major highways into the state.
Provide advice and service to persons or groups engaged in the dairy industry.
Conduct research into the status and needs of the dairy industry.
The department shall plan and conduct a program of advertising designed to promote the dairy industry. Any contracts engaging a private agency to conduct an advertising or promotion program under this subsection shall reserve to the department the right to terminate the contract if the service is unsatisfactory to the department. The department shall encourage and coordinate the efforts of public and private organizations to publicize the dairy industry. Any public or private organization not organized or incorporated for profit may apply to the department for advertising funds under this section. Prior to applying for these funds, each prospective applicant shall submit a plan and budget specifying the media to be used, the market to be approached, the dairy product or component of the dairy industry to be promoted and the applicant's estimated expenditures and receipts for the various projects within the plan. The department may promulgate rules imposing additional requirements to ensure that public funds are efficiently used to promote dairy products and the dairy industry of this state.
See also s. ATCP 161.20
, Wis. adm. code.
Stray voltage. 93.41(1)(1)
The department shall participate in the stray voltage program established under s. 196.857
The department shall develop informational and educational materials on stray voltage and provide those materials to the public in cooperation with the University of Wisconsin-Extension and the technical college system board and shall study the need for any other state action not in effect under this section or s. 196.857
necessary to protect the public health and welfare from the harmful effects of stray voltage.
The department shall impose annual fees upon rural electric cooperatives organized under ch. 185
. The amount of the fees shall total the amount appropriated under s. 20.115 (3) (jm)
. The fees received under this subsection shall be credited to the appropriation account under s. 20.115 (3) (jm)
Center for international agribusiness marketing. 93.42(1)(1)
The department shall establish and operate a center for international agribusiness marketing. The center shall promote the export of this state's agricultural and agribusiness products in foreign markets by:
Assisting in the performance of market research and planning to identify international marketing opportunities for the state's products and firms and providing technical assistance on international marketing to individual businesses.
Organizing and participating in trade shows and trade missions to foreign markets.
Coordinating federal, regional, state and local marketing information which may lead to export opportunities for the state's products.
Assisting persons considering direct investments, joint ventures, licensing or other business arrangements for the production of agribusiness products in this state.
Cooperating with the Wisconsin Economic Development Corporation in promoting the state's products through the state's foreign trade offices.
Commodity promotion. 93.44(1)(1)
The department shall initiate projects to promote commodities produced in this state.
The department shall allow all products and commodities produced or manufactured in this state that meet the standards established by the department to be included in the department's promotional campaign that uses the phrase "Something Special from Wisconsin", which phrase is a certified mark that is registered under federal law. The department may establish standards to be used to prohibit or limit the use of the certified mark to preserve its marketing value and significance. The standards may prohibit or limit the use of the certified mark based upon the grade or quality of a product or commodity and the standards may prohibit the use of the certified mark by a product or commodity which imitates a product or commodity for which there is a standard of identity established under state or federal law.
The department shall develop at least one slogan or logo, or both, for the promotion of Wisconsin agricultural products for display on signs placed by the department of transportation under s. 86.19 (1m)
The department by rule may establish a fee for the use of the mark and any slogan or logo under this section. The fees shall be credited to the appropriation under s. 20.115 (3) (L)
Buy local, buy Wisconsin.
The department shall conduct a program to increase awareness and consumption of locally produced foods and related products and to increase the production and improve the distribution of foods and related products for local consumption. In the program, the department shall emphasize the development of regional food and cultural tourism trails and the development of regional food systems through activities such as creating or expanding facilities for the processing and distribution of food for local consumption; creating or supporting networks of producers; and strengthening connections between producers, retailers, institutions, and consumers and nearby producers.
History: 2007 a. 20
Agricultural diversification. 93.46(1)
The department shall establish an agricultural diversification program and shall do all of the following:
Conduct market research and develop long-range plans to determine potential for the production and marketing of agricultural crops and livestock.
Provide assistance to individuals and organizations on marketing strategies, agricultural product processing and other matters related to agricultural diversification.
Coordinate the agricultural diversification program with technical assistance programs of other agencies.
Promote and assist the development and use of industrial and commercial products from agricultural commodities and from the production of these commodities, including all of the following:
Alternative fuels, including fuels that are considered to be renewable fuels under the renewable fuel program under 42 USC 7545
Marketable credits for reducing emissions of greenhouse gases, as defined in s. 285.78 (1) (c)
, derived from appropriate management practices used in the production of the agricultural commodity.
The department shall promote and assist the development and use of the products identified in sub. (1) (d) 1.
in cooperation with and with the assistance of the department of natural resources and the University of Wisconsin-Extension.
The department shall promote the development and growth of commercial aquaculture in this state by doing all of the following:
Providing advice, service and training to persons who are interested in the commercial aquaculture industry.
Coordinating the aquaculture activities of the department with the aquaculture activities of the department of natural resources and the University of Wisconsin System.
Conducting meetings on a quarterly basis between representatives of the department, the department of natural resources and the University of Wisconsin System to exchange information regarding the progress of their efforts to promote commercial aquaculture in this state.
The department of natural resources shall assist persons in obtaining any license or approval required by any state or federal agency to conduct a commercial aquaculture operation.
The University of Wisconsin System shall, in cooperation with the commercial aquaculture industry, conduct applied and on-site research, outreach activities and on-site demonstrations relating to commercial aquaculture in this state.
The department shall make agricultural and forestry research and development grants. The department may provide grants to fund demonstration projects, feasibility analyses and applied research directed toward new or alternative technologies and practices that will stimulate agricultural and forestry development and economic activity.
The department may not award a grant under this subsection unless the grant is for a project conducted in this state that has at least one of the following purposes:
New capital investment and expansion in the agricultural industry.
Agricultural product market development and expansion.
Diversification and expansion of the production, processing and distribution of agricultural products.
Diversification and expansion of the production, processing, and distribution of forestry products that are used to produce alternative fuels, heat, or electricity.
Commercial application of new technologies or practices related to agricultural products.
Commercial application of new technologies or practices related to the production of alternative fuels, heat, or electricity from forestry products.