Wisconsin Legislature: 27,2507

(c) The department shall deposit the license fees collected under par. (a) in the agrichemical management fund. The department shall deposit the surcharges collected under par. (b) in the agricultural chemical cleanup fund.

27,2506 Section 2506 . 94.64 (4) to (6) of the statutes are repealed and recreated to read:

94.64 (4) Tonnage fees and surcharges. (a) Requirement. Except as provided in par. (b), a person who is required to be licensed under sub. (3) and who sells or distributes fertilizer in this state shall pay to the department the following fees and surcharges on all fertilizer that the person sells or distributes in this state:

1. A basic fee of 25 cents per ton for fertilizer sold or distributed from July 1, 1997, to June 30, 1999, and 32 cents per ton for fertilizer sold or distributed after June 30, 1999, with a minimum fee of $25.

2. A research fee of 10 cents per ton, with a minimum fee of $1.

3. An additional research fee of 10 cents per ton, with a minimum fee of $1.

4. A groundwater fee of 10 cents per ton, with a minimum fee of $1.

5. An agricultural chemical cleanup surcharge of 38 cents per ton on all fertilizer that the person sells or distributes in this state after June 30, 1999, unless the department establishes a lower surcharge under s. 94.73 (15).

(b) Exemptions. Paragraph (a) does not apply to any of the following:

1. Fertilizer sold or distributed to a manufacturer for use in the further manufacture or processing of fertilizer.

2. Fertilizer sold or distributed to a person licensed under sub. (3) (a), for resale by that person.

(c) Use of fees and surcharges. 1. The department shall deposit the fee under par. (a) 1. in the agrichemical management fund.

2. The department shall credit the fee under par. (a) 2. to the appropriation account under s. 20.115 (7) (h).

3. The department shall credit the fee under par. (a) 3. to the appropriation account under s. 20.285 (1) (hm).

4. The department shall deposit the fee under par. (a) 4. in the environmental fund for environmental management.

5. The department shall deposit the surcharge under par. (a) 5. in the agricultural chemical cleanup fund.

(5) Tonnage report and fee payment. (a) Requirement. A person who is required to pay fees or surcharges under sub. (4) shall do all of the following by August 14 annually:

1. File with the department a report that states the number of tons of each grade of fertilizer sold or distributed in this state during the 12 months ending on June 30 of that year on which the person is required to pay those fees or surcharges.

2. Pay the fees and surcharges under sub. (4) on the tonnage reported under subd. 1.

(b) Extended deadline. The department may extend the filing deadline under par. (a) for up to 30 days for cause, in response to a request filed before August 14.

(c) Late payment. If a person fails to pay a fee or surcharge when due under this section, the amount of the fee or surcharge is increased by $10 or 10% of the amount that the fee or surcharge would have been if paid when due, whichever is greater.

(d) Tonnage equivalents. A tonnage report under par. (a) 1. shall report liquid fertilizer tonnage in terms of dry fertilizer tonnage equivalents, as prescribed by the department.

(e) Audit. The department may audit a tonnage report under par. (a) 1., including the records on which the tonnage report is based.

(6) Records. A person who manufactures, sells or distributes fertilizer in this state shall keep records showing the grades and quantities of fertilizer manufactured, sold or distributed in this state. The person shall keep the records relating to the 12 months covered by a report under par. (a) 1. for at least 24 months following the date of filing the report. The person shall make the records available to the department for inspection and copying upon request.

27,2507 Section 2507 . 94.64 (6m) and (6p) of the statutes are created to read:

94.64 (6m) Records confidential. The department may not disclose information obtained under sub. (5) or (6) that reveals the grades or amounts of fertilizer sold or distributed by any person. This subsection does not prohibit the department from preparing and distributing aggregate information that does not reveal the grades or amounts of fertilizer sold or distributed by individual sellers or distributors.

(6p) Summary license suspension. (a) The department may by written notice, without prior hearing, summarily suspend the license of any person who fails to file a report or pay a fee or surcharge as required under sub. (5).

(b) A summary license suspension under par. (a) takes effect on the date specified in the notice, which may be no sooner than 10 days after the date on which the notice is received by the recipient.

(c) A person whose license is suspended under par. (a) may request a meeting concerning the suspension. The department shall hold an informal meeting with the requester as soon as reasonably possible and not more than 10 days after the requester makes the request in writing, unless the requester agrees to a later date. If the matter is not resolved at the informal meeting, the requester may request a formal contested case hearing under ch. 227. A request for a hearing does not stay a summary suspension under par. (a).

(d) A person who is required to pay a fee or surcharge under sub. (5) remains obligated to pay the fee or surcharge regardless of whether the person continues to be licensed under this section.

27,2508 Section 2508 . 94.64 (8m) (a) of the statutes is amended to read:

94.64 (8m) (a) Use of funds. At the end of each fiscal year, the moneys collected under sub. (4) (am) (a) 2. and s. 94.65 (6) (a) 3. shall be forwarded to the university of Wisconsin system to be used for research on soil management, soil fertility, plant nutrition problems and for research on surface water and groundwater problems which may be related to fertilizer usage; for dissemination of the results of the research; and for other designated activities tending to promote the correct usage of fertilizer materials.

27,2510 Section 2510 . 94.65 (6) (a) 1. of the statutes is amended to read:

94.65 (6) (a) 1. Annually by March 31, file with the department a tonnage report setting forth the number of tons of each soil or plant additive distributed during the preceding year by that person or by any other person authorized under sub. (3) (a) 2. to distribute under the name of that person and pay to the department an inspection a fee of 70 25 cents per ton so distributed. The minimum total fee is $25.

27,2511 Section 2511 . 94.65 (6) (a) 3. of the statutes is amended to read:

94.65 (6) (a) 3. Annually by March 31, pay to the department a research fee of 10 cents for each ton of soil or plant additive distributed as described in the tonnage report filed under subd. 1. The minimum research fee is $1 for 10 tons or less. The department shall credit this fee to the appropriation account under s. 20.115 (7) (h).

27,2512 Section 2512 . 94.65 (6) (a) 4. of the statutes is amended to read:

94.65 (6) (a) 4. Annually by March 31, pay to the department a groundwater fee of 10 cents for each ton of soil or plant additive distributed, as described in the tonnage report filed under subd. 1. The minimum groundwater fee is $1 for 10 tons or less. All groundwater fees shall be credited to the environmental fund for groundwater environmental management.

27,2513 Section 2513 . 94.65 (6) (c) of the statutes is created to read:

94.65 (6) (c) The department shall deposit fees collected under pars. (a) 1. and (b) and subs. (2) (a) and (3) (b) in the agrichemical management fund.

27,2515 Section 2515 . 94.68 (1) (intro.) of the statutes is amended to read:

94.68 (1) (intro.) No person may manufacture, formulate, package, label or otherwise produce pesticides for sale or distribution in this state, or sell or offer to sell pesticides to purchasers in this state, whether or not the sales are made wholly or partially in this state or another state, without a license from the department. A license expires on December 31 annually and is not transferable. No license may be is required of persons engaged only in the following:

27,2516 Section 2516 . 94.68 (2) of the statutes is repealed and recreated to read:

94.68 (2) (a) An application for a license under sub. (1) shall be made on a form prescribed by the department. An applicant shall submit all of the following with the application:

1. All fees and surcharges required under s. 94.681.

2. A report identifying each pesticide that the applicant sells or distributes for use in this state and the gross revenue that the applicant derived from the sale or distribution of each pesticide during the preceding year, as defined in s. 94.681 (1) (d).

(b) The department may not disclose sales revenue information obtained under par. (a) 2.

27,2517 Section 2517 . 94.68 (3) of the statutes is repealed and recreated to read:

94.68 (3) At least 15 days before a person holding a license under this section begins to sell or distribute for use in this state a pesticide product that was not identified in the person's most recent annual license application, the person shall file a supplementary report with the information required under sub. (2) (a) 2. and any fees and surcharges required under s. 94.681. The department may not disclose sales revenue information obtained under this subsection.

27,2518 Section 2518 . 94.68 (4) of the statutes is repealed.

27,2519 Section 2519 . 94.681 of the statutes is repealed and recreated to read:

94.681 Pesticide manufacturers and labelers: fees and surcharges. (1) Definitions. In this section:

(a) “Household pesticide" means a pesticide that is any of the following:

1. A sanitizer.

2. A disinfectant.

3. A germicide.

4. An insect repellant that is applied to the human body or to clothing.

5. A pesticide that is used exclusively for the treatment of household pets.

6. A pesticide product that is labeled exclusively for household, lawn or garden use if the product either is sold in ready-to-use form or is sold exclusively in container sizes of less than one gallon.

7. A solid or liquid pesticide product that is used exclusively for the treatment of swimming pools, spas or hot tubs.

(b) “Industrial pesticide" means a pesticide that is not a household pesticide and that is one of the following:

1. Solely labeled for use on wood and contains pentachlorophenol, coal tar creosote or inorganic arsenical wood preservatives.

2. Labeled for use in controlling algae, fungi, bacteria, other microscopic organisms or mollusks in or on one or more of the following and for no other use except for a use described in par. (a) 6. or 7.:

a. Textiles, paper, leather, plastic, vinyl or other synthetic materials, metal or rubber.

b. Paints, varnishes, other coating products, lubricants or fuels.

c. Commercial, construction, manufacturing or industrial fluids, including adhesives, additives and pigments.

d. Commercial, construction, manufacturing or industrial processes, equipment, devices or containers, other than those used in the production or storage of human food or animal feed.

e. Air washing, cooling or heat transfer systems.

f. Medical equipment.

g. Drinking water or wastewater systems.

(d) “Preceding year" means the 12 months ending on September 30 of the year immediately preceding the year for which a license is sought under s. 94.68.

(e) “Primary producer" means a person who manufactures an active ingredient that is used to manufacture or produce a pesticide.

(2) Annual license fee. An applicant for a license under s. 94.68 shall pay an annual license fee for each pesticide product that the applicant sells or distributes for use in this state. Except as provided in sub. (5) or (6), the fee for each pesticide product is as follows:

(a) For each household pesticide product:

1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $265, except that the fee is $215 for the license years that begin on January 1, 1999, and on January 1, 2000.

2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $750, except that the fee is $650 for the license years that begin on January 1, 1999, and on January 1, 2000.

3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $1,500, except that the fee is $1,200 for the license years that begin on January 1, 1999, and on January 1, 2000.

(b) For each industrial pesticide product:

1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $315, except that the fee is $265 for the license years that begin on January 1, 1999, and on January 1, 2000.

2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $860, except that the fee is $760 for the license years that begin on January 1, 1999, and on January 1, 2000.

3. If the applicant sold at least $75,000 of that product during the preceding year for use in this state, $3,060, except that the fee is $2,760 for the license years that begin on January 1, 1999, and on January 1, 2000.

1. If the applicant sold less than $25,000 of that product during the preceding year for use in this state, $320, except that the fee is $270 for the license years that begin on January 1, 1999, and on January 1, 2000.

2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $890, except that the fee is $790 for the license years that begin on January 1, 1999, and on January 1, 2000.

3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the product during the preceding year for use in this state, except that for the license years that begin on January 1, 1999, and on January 1, 2000, the fee shall be $2,760 plus 0.2% of the gross revenues from sales of the product during the preceding year for use in this state.

(3) Nonhousehold pesticides; cleanup surcharge. Except for the license years that begin on January 1, 1999, and January 1, 2000, an applicant for a license under s. 94.68 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes for use in this state. Except as provided in sub. (6) or under s. 94.73 (15), the amount of the surcharge is as follows:

(a) If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $5.

(b) If the applicant sold at least $25,000 but less than $75,000 of that product during the preceding year for use in this state, $170.