AB133-SSA1,1001,1616
2. Misrepresent that the nursery dealer is a nursery grower.
AB133-SSA1,1001,1817
(b)
Nursery growers and dealers. No nursery grower or nursery dealer may do
18any of the following:
AB133-SSA1,1001,2219
1. Sell, offer to sell or distribute any nursery stock that the nursery grower or
20nursery dealer knows, or has reason to know, is infested with plant pests or infected
21with plant diseases that may be spread by the sale or distribution of that nursery
22stock.
AB133-SSA1,1001,2423
2. Sell, offer to sell or distribute any nursery stock that the nursery grower or
24nursery dealer knows, or has reason to know, will not survive or grow.
AB133-SSA1,1002,3
13. Misrepresent the name, origin, grade, variety, quality or hardiness of any
2nursery stock offered for sale or make any other false or misleading representation
3in the advertising or sale of nursery stock.
AB133-SSA1,1002,64
4. Conceal nursery stock to avoid inspection by the department, falsify any
5record required under this section or make any false or misleading statement to the
6department.
AB133-SSA1,1002,11
7(8) Department inspection. The department may inspect nurseries and
8premises at which nursery stock is held for sale or distribution. The department may
9inspect premises at which Christmas tree growers grow nursery stock, premises at
10which evergreen trees are grown for eventual sale as Christmas trees and premises
11at which Christmas trees are held for sale or distribution.
AB133-SSA1,1002,14
12(9) Department orders. (a)
Holding orders and remedial orders. An
13authorized employe or agent of the department may, by written notice, order a
14nursery grower or nursery dealer to do any of the following:
AB133-SSA1,1002,1515
1. Temporarily hold nursery stock pending inspection by the department.
AB133-SSA1,1002,1616
2. Remedy violations of this section.
AB133-SSA1,1002,1817
3. Refrain from importing weeds or pests that threaten agricultural production
18or the environment in this state.
AB133-SSA1,1002,2119
4. Permanently withhold nursery stock from sale or distribution, if the sale or
20distribution would violate this section or an order issued under this section and the
21violation cannot be adequately remedied in another manner.
AB133-SSA1,1002,2422
5. Destroy or return, without compensation from the department, nursery
23stock that is sold or distributed in violation of this section, or an order issued under
24this section, if the violation cannot be adequately remedied in another manner.
AB133-SSA1,1003,7
1(b)
Hearing. If the recipient of an order under par. (a) requests a hearing on
2that order, the department shall hold an informal hearing within 10 days unless the
3recipient of the order consents to a later date for an informal hearing. The request
4for a hearing is not a request under s. 227.42 (1). If a contested matter is not resolved
5at the informal hearing, the recipient of the order is entitled to a class 2 contested
6case hearing under ch. 227. The department is not required to stay an order under
7par. (a) pending the outcome of any hearing under this paragraph.
AB133-SSA1,1003,10
8(10) Reciprocal agreements with other states. (a)
General. The department
9may enter into reciprocal agreements with other states to facilitate interstate
10shipments of nursery stock.
AB133-SSA1,1003,1311
(b)
Officially inspected sources. As part of an agreement under par. (a), the
12department may recognize sources of nursery stock in another state as officially
13inspected sources.
AB133-SSA1,1003,1514
(c)
Inspection and certification standards. An agreement under par. (a) may
15specify standards and procedures for all of the following:
AB133-SSA1,1003,1616
1. Inspecting officially inspected sources of nursery stock.
AB133-SSA1,1003,1717
2. Inspecting and certifying interstate shipments of nursery stock.
AB133-SSA1,1004,219
94.50
(2) Growers and dealers; registration. No person may act as a grower
20or a dealer unless he or she is registered with the department. Any person who acts
21as a dealer and a grower shall register as both. Registrations shall be made annually
22on a form provided by the department. Registrations expire on December 31 of each
23year. A dealer shall pay to the department an annual registration fee of $25. The
24department shall assign a registration number to each person registered under this
1subsection.
All moneys collected under this subsection shall be credited to the
2appropriation account under s. 20.115 (7) (ga).
AB133-SSA1,1004,124
94.50
(3) (b) The department shall upon request provide each registered grower
5and dealer with shipment certificates and report forms required under par. (a). The
6department shall stamp each shipment certificate and report form with the
7registration number of the grower or dealer. A shipment certificate and report form
8is valid only if used during the registration period for which the stamp registration
9number of the grower or dealer was issued. The department may charge a reasonable
10fee to recover the costs related to providing shipment certificates and report forms.
11All moneys collected under this paragraph shall be credited to the appropriation
12account under s. 20.115 (7) (ga).
AB133-SSA1,1004,1714
94.64
(4) (a) 1. A basic fee of
25
23 cents per ton for fertilizer sold or distributed
15from July 1, 1997, to June 30, 1999 beginning on the effective date of this subdivision
16.... [revisor inserts date], and ending on June 30, 2001, and
32 30 cents per ton for
17fertilizer sold or distributed after June 30,
1999
2001, with a minimum fee of $25.
AB133-SSA1,1004,2119
94.64
(4) (a) 6. Beginning on the effective date of this subdivision .... [revisor
20inserts date], a weights and measures inspection fee of 2 cents per ton, with a
21minimum fee of $1.
AB133-SSA1,1004,2423
94.64
(4) (c) 6. The department shall credit the fee under par. (a) 6. to the
24appropriation account under s. 20.115 (1) (j).
AB133-SSA1, s. 1940
25Section
1940. 94.681 (2) (a) 1. to 3. of the statutes are amended to read:
AB133-SSA1,1005,4
194.681
(2) (a) 1. If the applicant sold less than $25,000 of the product during
2the preceding year for use in this state, $265, except that the fee is $215 for the license
3years that begin on January 1, 1999,
and on January 1, 2000
, January 1, 2001, and
4January 1, 2002.
AB133-SSA1,1005,85
2. If the applicant sold at least $25,000 but less than $75,000 of the product
6during the preceding year for use in this state, $750, except that the fee is $650 for
7the license years that begin on January 1, 1999,
and on January 1, 2000
, January
81, 2001, and January 1, 2002.
AB133-SSA1,1005,129
3. If the applicant sold at least $75,000 of the product during the preceding year
10for use in this state, $1,500, except that the fee is $1,200 for the license years that
11begin on January 1, 1999,
and on January 1, 2000
, January 1, 2001, and January 1,
122002.
AB133-SSA1, s. 1941
13Section
1941. 94.681 (2) (b) 1. to 3. of the statutes are amended to read:
AB133-SSA1,1005,1714
94.681
(2) (b) 1. If the applicant sold less than $25,000 of the product during
15the preceding year for use in this state, $315, except that the fee is $265 for the license
16years that begin on January 1, 1999,
and on January 1, 2000
, January 1, 2001, and
17January 1, 2002.
AB133-SSA1,1005,2118
2. If the applicant sold at least $25,000 but less than $75,000 of the product
19during the preceding year for use in this state, $860, except that the fee is $760 for
20the license years that begin on January 1, 1999,
and on January 1, 2000
, January
211, 2001, and January 1, 2002.
AB133-SSA1,1005,2522
3. If the applicant sold at least $75,000 of that product during the preceding
23year for use in this state, $3,060, except that the fee is $2,760 for the license years
24that begin on January 1, 1999,
and on January 1, 2000
, January 1, 2001, and
25January 1, 2002.
AB133-SSA1, s. 1942
1Section
1942. 94.681 (2) (c) 1. to 3. of the statutes are amended to read:
AB133-SSA1,1006,52
94.681
(2) (c) 1. If the applicant sold less than $25,000 of that product during
3the preceding year for use in this state, $320, except that the fee is $270 for the license
4years that begin on January 1, 1999,
and on January 1, 2000
, January 1, 2001, and
5January 1, 2002.
AB133-SSA1,1006,96
2. If the applicant sold at least $25,000 but less than $75,000 of the product
7during the preceding year for use in this state, $890, except that the fee is $790 for
8the license years that begin on January 1, 1999,
and on January 1, 2000
, January
91, 2001, and January 1, 2002.
AB133-SSA1,1006,1510
3. If the applicant sold at least $75,000 of the product during the preceding year
11for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the product
12during the preceding year for use in this state, except that for the license years that
13begin on January 1, 1999,
and on January 1, 2000,
January 1, 2001, and January 1,
142002, the fee shall be $2,760 plus 0.2% of the gross revenues from sales of the product
15during the preceding year for use in this state.
AB133-SSA1,1006,18
1794.695 Pesticide sales and use reporting system. (1) Definitions. In this
18section:
AB133-SSA1,1006,1919
(a) "Household pesticide" has the meaning given in s. 94.681 (1) (a).
AB133-SSA1,1006,2020
(b) "Industrial pesticide" has the meaning given in s. 94.681 (1) (b).
AB133-SSA1,1006,2121
(c) "Municipality" means a city, village or town.
AB133-SSA1,1006,2222
(d) "Nonhousehold pesticide" has the meaning given in s. 94.681 (1) (c).
AB133-SSA1,1006,24
23(2) Responsibilities of the department. The department shall do all of the
24following:
AB133-SSA1,1007,5
1(a) Develop and, beginning no later than January 1, 2003, administer a
2pesticide sales and use reporting system that provides a systematic method for
3collecting, retaining, analyzing and disseminating data related to pesticide sales and
4use in this state and that is integrated with statewide geographic information
5systems.
AB133-SSA1,1007,86
(b) Develop and, beginning no later than the first day of the 13th month
7beginning after the effective date of this paragraph .... [revisor inserts date],
8administer a pilot program to test the pesticide sales and use reporting system.
AB133-SSA1,1007,119
(c) Beginning no later than January 1, 2002, provide training and technical
10assistance to persons required to report under the system in par. (a) and to persons
11who wish to use the data collected under the system.
AB133-SSA1,1007,1512
(d) No later than March 1 annually, beginning in 2004, submit to the legislature
13under s. 13.172 (2) a report on the system in par. (a), including a summary and
14analysis of the types and quantity of pesticides sold and applied during the previous
15calendar year and the areas to which those pesticides were applied.
AB133-SSA1,1007,17
16(3) Consultation. The department shall consult and coordinate with all of the
17following in discharging its responsibilities under sub. (2):
AB133-SSA1,1007,1918
(a) The College of Agricultural and Life Sciences of the University of
19Wisconsin-Madison.
AB133-SSA1,1007,2120
(b) Employes of the University of Wisconsin System who are knowledgeable in
21the area of environmental toxicology.
AB133-SSA1,1007,2322
(c) The subunit of the department of natural resources that provides
23information technology support.
AB133-SSA1,1007,2524
(d) The subunit of the department of health and family services that
25administers health laws.
AB133-SSA1,1008,1
1(e) The division of technology services in the department of administration.
AB133-SSA1,1008,22
(f) The state cartographer.
AB133-SSA1,1008,33
(g) The geological and natural history survey.
AB133-SSA1,1008,64
(h) Representatives of the pest management industry, of agricultural,
5environmental, medical and public health institutions and advocacy groups, of
6school districts and of local governments.
AB133-SSA1,1008,77
(i) Other interested persons.
AB133-SSA1,1008,11
8(4) Rule making. The department shall promulgate rules for the pesticide sales
9and use reporting system in sub. (2) (a), including rules to ensure the consistent
10submission and dissemination of accurate pesticide sales and use data. The
11department shall provide for all of the following in the rules:
AB133-SSA1,1008,1212
(a) Technical assistance for persons submitting pesticide sales and use data.
AB133-SSA1,1008,1313
(b) Deadlines for submitting pesticide sales and use data.
AB133-SSA1,1008,1514
(c) Methods for reviewing and analyzing the accuracy of the reported pesticide
15sales and use data.
AB133-SSA1,1008,1816
(d) Mechanisms by which the department will make the reported pesticide
17sales and use data available to the public, including through the Internet and
18computer media.
AB133-SSA1,1008,22
19(5) Reporting of sales of nonhousehold and industrial pesticides. Under the
20pesticide sales and use reporting system in sub. (2) (a), the department shall require
21manufacturers, distributors and dealers of industrial pesticides and nonhousehold
22pesticides to report all of the following information:
AB133-SSA1,1008,2423
(a) The date of sale, brand name and amount of each industrial pesticide and
24nonhousehold pesticide sold to each purchaser in this state.
AB133-SSA1,1008,2525
(b) The name, address and 9-digit zip code of each purchaser under par. (a).
AB133-SSA1,1009,2
1(c) The number of any license or certification under ss. 94.67 to 94.71 held by
2each purchaser under par. (a).
AB133-SSA1,1009,6
3(6) Reporting of certain pesticide applications. Under the pesticide sales and
4use reporting system in sub. (2) (a), the department shall require commercial
5applicators and private applicators to report all of the following for each application
6of an industrial pesticide or nonhousehold pesticide:
AB133-SSA1,1009,107
(a) The type of pesticide applied and its brand name, the name of the pesticide
8as registered under the federal act, the pesticide registration number assigned to the
9pesticide under the federal act, the manufacturer of the pesticide and the pesticide's
10active ingredients.
AB133-SSA1,1009,1211
(b) The name and any certification number, under s. 94.705, of the person
12applying the pesticide.
AB133-SSA1,1009,1313
(c) The date and time of the application and the amount of pesticide applied.
AB133-SSA1,1009,1514
(d) How the pesticide was applied, including any additives used and the type
15of application device used.
AB133-SSA1,1009,1616
(e) The rate of application of the pesticide.
AB133-SSA1,1009,2017
(f) The street address, including 9-digit zip code, and the county of the place
18at which the pesticide was applied, the location of the application by section,
19township, range and meridian and an identification of any bodies of water or
20municipalities adjacent to that location.
AB133-SSA1,1009,2121
(g) The size of the area to which the pesticide was applied.
AB133-SSA1,1009,2322
(h) The type of site to which the pesticide was applied and the purpose of the
23application.
AB133-SSA1,1009,2524
(i) A description of the crop, commodity, plant, animal, structure, equipment
25or material to which the pesticide was applied.
AB133-SSA1,1010,1
1(j) The weather conditions during the application.
AB133-SSA1,1010,32
(k) The name of the person preparing the report and that person's relationship
3to the person applying the pesticide.
AB133-SSA1,1010,9
4(7) Reporting of household pesticide sales and use. Under the pesticide sales
5and use reporting system in sub. (2) (a), the department shall collect data on the sale,
6use and result of use of household pesticides. The department may only require
7manufacturers and labelers required to be licensed under s. 94.68 to report on the
8amount of household pesticides sold. The department may purchase information
9concerning sales of household pesticides from marketing information businesses.
AB133-SSA1,1010,14
10(8) Limit on disclosure of certain information. (a) Except as provided in par.
11(b) or (c), upon written request by a property owner, the department shall treat as
12confidential information about pesticide sale or use for private agricultural purposes
13if the information would reveal the property to which a pesticide was applied or the
14name of the property owner.
AB133-SSA1,1010,1615
(b) Paragraph (a) does not apply if the information is requested by any of the
16following:
AB133-SSA1,1010,1817
1. A state or local government for any investigation, subject to any existing
18confidentiality requirements.
AB133-SSA1,1010,2019
2. A governmental agency that makes provisions to protect the confidentiality
20of the information.
AB133-SSA1,1010,2221
3. A researcher or physician who shows a valid need for the information and
22who makes provisions to protect the confidentiality of the information.