(b) "Nonprofit organization" means an organization described in section 501 (c) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.
(c) "Nursery" means premises in this state on which a person propagates or grows nursery stock for sale. "Nursery" does not include heeling-in grounds or other premises where a person holds nursery stock for purposes other than propagation or growth.
(d) "Nursery dealer" means a person, other than a nursery grower, who sells, offers for sale or distributes nursery stock from a location in this state.
(e) "Nursery grower" means a person who owns or operates a nursery.
(f) "Nursery stock" means plants and plant parts that can be propagated or grown, including rooted Christmas trees, but excluding seeds, sod, cranberry cuttings and annuals.
(g) "Officially inspected source" means any of the following:
1. A nursery dealer licensed under sub. (2).
2. A nursery grower licensed under sub. (3).
3. A source outside this state that the department recognizes under sub. (10) as an officially inspected source.
(i) "Rooted Christmas tree" means an evergreen tree that is rooted in the soil and grown for eventual harvest and sale as a Christmas tree.
(j) "Sell" means to transfer ownership, for consideration.
(2) NURSERY DEALER; ANNUAL LICENSE. (a) License required. Except as provided in par. (f), no person may operate as a nursery dealer without an annual license from the department. A nursery dealer license expires on February 20. A nursery dealer license may not be transferred to another person.
(b) Applying for a license. A person applying for a nursery dealer license under par. (a) shall apply on a form provided by the department. An applicant shall provide all of the following to the department:
1. The applicant's legal name and address and any other name under which the applicant does business.
2. The address of each location at which the applicant proposes to hold nursery stock for sale.
3. The license fee required under par. (c).
4. The surcharge required under par. (d), if any.
5. Other information reasonably required by the department for licensing purposes.
(c) License fee. A nursery dealer shall pay the following annual license fee, based on annual purchases calculated according to par. (e):
1. If the nursery dealer buys no more than $5,000 worth of nursery stock for resale, $30.
2. If the nursery dealer buys more than $5,000 but not more than $20,000 worth of nursery stock for resale, $50.
3. If the nursery dealer buys more than $20,000 but not more than $100,000 worth of nursery stock for resale, $100.
4. If the nursery dealer buys more than $100,000 but not more than $200,000 worth of nursery stock for resale, $150.
5. If the nursery dealer buys more than $200,000 but not more than $500,000 worth of nursery stock for resale, $200.
6. If the nursery dealer buys more than $500,000 but not more than $2,000,000 worth of nursery stock for resale, $300.
7. If the nursery dealer buys more than $2,000,000 worth of nursery stock for resale, $400.
(d) Surcharge for operating without a license. In addition to the fee required under par. (c), an applicant for a nursery dealer license shall pay a surcharge equal to the amount of that fee if the department determines that, within 365 days before submitting the application, the applicant operated as a nursery dealer without a license in violation of par. (a). Payment of the surcharge does not relieve the applicant of any other penalty or liability that may result from the violation, but does not constitute evidence of a violation of par. (a).
(e) Calculating annual purchases. The amount of an applicant's license fee under par. (c) for a license year shall be based on the applicant's purchases of nursery stock during the applicant's preceding fiscal year, except that if the applicant made no purchases of nursery stock during the preceding fiscal year the fee shall be based on the applicant's good faith prediction of purchases during the license year for which the applicant is applying.
(f) Exemptions. Paragraph (a) does not apply to any of the following:
1. A person whose only sales of nursery stock are retail sales totaling less than $250 annually.
2. A person selling or offering to sell nursery stock pursuant to a valid permit under par. (g).
(g) Temporary permit; sales benefiting nonprofit organization. The department may issue a temporary permit authorizing the permit holder to sell nursery stock, for the benefit of a nonprofit organization, for a period of not more than 7 consecutive days. An applicant for a temporary permit shall apply on a form provided by the department and shall pay a fee of $5. The department may impose written conditions on the temporary permit and may summarily suspend or revoke the permit if the permit holder violates those conditions.
(3) NURSERY GROWER; ANNUAL LICENSE. (a) License required. Except as provided in par. (f), no person may operate as a nursery grower without an annual license from the department. A nursery grower license expires on February 20. A nursery grower license may not be transferred to another person.
(b) Applying for a license. A person applying for a nursery grower license under par. (a) shall apply on a form provided by the department. An applicant shall provide all of the following to the department:
1. The applicant's legal name and address and any other name under which the applicant does business.
2. The address of each location in this state at which the applicant operates a nursery or holds nursery stock for sale.
3. The license fee required under par. (c) or (cm).
4. The surcharge required under (d), if any.
5. Other information reasonably required by the department for licensing purposes.
(c) License fee; general. Except as provided in par. (cm), a nursery grower shall pay the following annual license fee, based on annual sales calculated according to par. (e):
1. If the nursery grower annually sells no more than $5,000 worth of nursery stock, $40.
2. If the nursery grower annually sells more than $5,000 but not more than $20,000 worth of nursery stock, $75.
3. If the nursery grower annually sells more than $20,000 but not more than $100,000 worth of nursery stock, $125.
4. If the nursery grower annually sells more than $100,000 but not more than $200,000 worth of nursery stock, $200.
5. If the nursery grower annually sells more than $200,000 but not more than $500,000 worth of nursery stock, $350.
6. If the nursery grower annually sells more than $500,000 but not more than $2,000,000 worth of nursery stock, $600.
7. If the nursery grower annually sells more than $2,000,000 worth of nursery stock, $1,200.
(cm) License fee; Christmas tree growers. A Christmas tree grower shall pay the following annual license fee, based on annual sales calculated according to par. (e):
1. If the Christmas tree grower annually sells no more than $5,000 worth of Christmas trees, $20.
2. If the Christmas tree grower annually sells more than $5,000 but not more than $20,000 worth of Christmas trees, $55.
3. If the Christmas tree grower annually sells more than $20,000 but not more than $100,000 worth of Christmas trees, $90.
4. If the Christmas tree grower annually sells more than $100,000 but not more than $200,000 worth of Christmas trees, $150.
5. If the Christmas tree grower annually sells more than $200,000 but not more than $500,000 worth of Christmas trees, $250.
6. If the Christmas tree grower annually sells more than $500,000 but not more than $2,000,000 worth of Christmas trees, $450.
7. If the Christmas tree grower annually sells more than $2,000,000 worth of Christmas trees, $900.
(d) Surcharge for operating without a license. In addition to the fee required under par. (c) or (cm), an applicant for a nursery grower license shall pay a surcharge equal to the amount of that fee if the department determines that, within 365 days before submitting that application, the applicant operated as a nursery grower without a license in violation of par. (a). Payment of the surcharge does not relieve the applicant of any other penalty or liability that may result from the violation, but does not constitute evidence of a violation of par. (a).
(e) Calculating annual sales. The amount of an applicant's license fee under par. (c) or (cm) for a license year shall be based on the applicant's sales of nursery stock during the applicant's preceding fiscal year, except that if the applicant made no sales during the preceding fiscal year the fee shall be based on the applicant's good faith prediction of sales during the license year for which the applicant is applying.
(f) Exemptions. Paragraph (a) does not apply to any of the following:
1. A nursery grower whose only sales of nursery stock are retail sales totaling less than $250 annually.
2. A person growing nursery stock for sale pursuant to a valid temporary permit under par. (g).
(g) Temporary permit; sales benefiting nonprofit organization. The department may issue a temporary permit authorizing the permit holder to sell nursery stock, for the benefit of a nonprofit organization, for a period of not more than 7 consecutive days. An applicant for a temporary permit shall apply on a form provided by the department and shall pay a fee of $5. The department may impose written conditions on the temporary permit and may summarily suspend or revoke the permit if the permit holder violates those conditions.
(3m) NOTICE OF NEW LOCATIONS. (a) The holder of a nursery dealer license shall notify the department in writing before adding, during a license year, any new location at which the license holder will hold nursery stock for sale. The license holder shall specify the address of the new location in the notice.
(b) The holder of a nursery grower license shall notify the department in writing before adding, during the license year, any new location at which the license holder will operate a nursery or hold nursery stock for sale. The license holder shall specify the address of the new location in the notice.
(4) NURSERY GROWERS AND DEALERS; RECORDS. (a) Nursery dealers; records of nursery stock received. A nursery dealer shall keep a record of every shipment of nursery stock received by the nursery dealer. The nursery dealer shall include all of the following in the record:
1. A description of the types of nursery stock, and the quantity of nursery stock of each type, included in the shipment.
2. The name and address of the source from which the nursery dealer received the shipment.
(b) Nursery growers and dealers; records of shipments to other nursery growers and dealers. Each nursery grower and nursery dealer shall record every shipment of nursery stock that the nursery grower or nursery dealer sells or distributes to another nursery grower or nursery dealer. The nursery grower or nursery dealer shall include all of the following in the record:
1. A description of the types of nursery stock, and the quantity of nursery stock of each type, included in the shipment.
2. The name and address of the nursery grower or nursery dealer receiving the shipment.
(c) Records retained and made available. A nursery grower or nursery dealer who is required to keep records under par. (a) or (b) shall retain those records for at least 3 years and shall make those records available to the department for inspection and copying upon request.
(5) LABELING NURSERY STOCK. (a) Nursery stock shipped to dealer. No person may sell or distribute any shipment of nursery stock to a nursery dealer, and no nursery dealer may accept a shipment of nursery stock, unless that shipment is labeled with all of the following:
1. The name and address of the person selling or distributing the shipment to the nursery dealer.
2. A certification, by the person under subd. 1., that all of the nursery stock included in the shipment is from officially inspected sources.
(b) Growers and dealers to report unlabeled shipments. Whenever any person tenders to a nursery grower or nursery dealer any shipment of nursery stock that is not fully labeled according to par. (a), the nursery grower or nursery dealer shall promptly report that unlabeled shipment to the department.
(c) Nursery stock sold at retail. A person selling nursery stock at retail shall ensure that the nursery stock is labeled with the common or botanical name of the nursery stock.
(6) CARE OF NURSERY STOCK. (a) Adequate facilities. A nursery grower or nursery dealer shall maintain facilities that are reasonably adequate for the care and keeping of nursery stock held for sale, so that the nursery grower or nursery dealer can keep the nursery stock in healthy condition pending sale.
(b) Reasonable examinations. Nursery growers and nursery dealers shall make reasonable examinations of nursery stock held for sale to determine whether that nursery stock is capable of reasonable growth, is infested with injurious pests or is infected with disease.
(7) PROHIBITIONS. (a) Nursery dealers. No nursery dealer may do any of the following:
1. Obtain, hold, sell, offer to sell or distribute nursery stock from any source other than an officially inspected source.
2. Misrepresent that the nursery dealer is a nursery grower.
(b) Nursery growers and dealers. No nursery grower or nursery dealer may do any of the following:
1. Sell, offer to sell or distribute any nursery stock that the nursery grower or nursery dealer knows, or has reason to know, is infested with plant pests or infected with plant diseases that may be spread by the sale or distribution of that nursery stock.
2. Sell, offer to sell or distribute any nursery stock that the nursery grower or nursery dealer knows, or has reason to know, will not survive or grow.
3. Misrepresent the name, origin, grade, variety, quality or hardiness of any nursery stock offered for sale or make any other false or misleading representation in the advertising or sale of nursery stock.
4. Conceal nursery stock to avoid inspection by the department, falsify any record required under this section or make any false or misleading statement to the department.
(8) DEPARTMENT INSPECTION. The department may inspect nurseries and premises at which nursery stock is held for sale or distribution.
(9) DEPARTMENT ORDERS. (a) Holding orders and remedial orders. An authorized employe or agent of the department may, by written notice, order a nursery grower or nursery dealer to do any of the following:
1. Temporarily hold nursery stock pending inspection by the department.
2. Remedy violations of this section.
