SB55-ASA1-AA1,733,129
94.73
(2m) (d) The department of
natural resources environmental
10management takes action under s. 292.11 (7) (a) after the responsible person fails to
11comply with an order that was issued under s. 292.11 (7) (c) in compliance with this
12subsection.
SB55-ASA1-AA1,733,1814
94.73
(2m) (e) The department of
natural resources environmental
15management takes the action or issues the order in compliance with a memorandum
16of understanding under sub. (12) between the department of agriculture, trade and
17consumer protection and the department of
natural resources environmental
18management
SB55-ASA1-AA1,733,2220
94.73
(3) (d) The applicant has complied with every corrective action order
21issued to the applicant by the department under sub. (2) or the department of
natural
22resources environmental management under s. 292.11 (7) (c).
SB55-ASA1-AA1,734,224
94.73
(3) (f) The applicant, upon discovery of the discharge, promptly reported
25the discharge to the department or, if the applicant was required to report the
1discharge under s. 292.11 (2), to the department of
natural resources environmental
2management.
SB55-ASA1-AA1,734,74
94.73
(3m) (a) Costs for corrective action taken in response to a discharge that
5is an intentional use of an agricultural chemical for agricultural purposes, unless the
6corrective action is ordered by the department under sub. (2) or by the department
7of
natural resources environmental management under s. 292.11 (7) (c).
SB55-ASA1-AA1,734,119
94.73
(3m) (b) Costs of reimbursing the department of
natural resources 10environmental management for action taken under s. 292.11 (7) (a) or 292.31 (1), (3)
11or (7) because the applicant failed to respond adequately to a discharge.
SB55-ASA1-AA1,734,1713
94.73
(3m) (e) Costs for corrective action taken in response to a discharge from
14a facility that is required to be licensed under s. 289.31 or that would be required to
15be licensed except that the department of
natural resources environmental
16management has issued a specific exemption under s. 289.43 or rules promulgated
17under s. 289.05 (1) or (2).
SB55-ASA1-AA1,734,2419
94.73
(3m) (r) The cost of providing alternative sources of drinking water,
20except that, subject to sub. (6) (b) to (f), the department may reimburse a responsible
21person who applies for reimbursement a total of not more than $20,000 for the
22replacement of private wells if the department or the department of
natural
23resources environmental management orders the well replacement in response to a
24discharge.
SB55-ASA1-AA1,735,15
194.73
(4) (b) Except as agreed under sub. (12), the department of agriculture,
2trade and consumer protection shall promptly furnish the department of
natural
3resources environmental management with a copy of each work plan submitted to
4the department of agriculture, trade and consumer protection under par. (a) for
5comment by the department of
natural resources environmental management.
6Within 14 days after it receives a copy of a work plan or within a different time period
7agreed to under sub. (12), the department of
natural resources environmental
8management may provide the department of agriculture, trade and consumer
9protection with any comments of the department of
natural resources environmental
10management on the work plan. If the department of
natural resources 11environmental management timely submits written comments on a proposed work
12plan, the department of agriculture, trade and consumer protection shall either
13incorporate those comments into the approved work plan or give the department of
14natural resources environmental management a written explanation of why the
15comments were not incorporated.
SB55-ASA1-AA1,735,2217
94.73
(9) Sampling requirements. The department, in cooperation with the
18department of
natural resources environmental management, shall establish a
19program for the collection and analysis of soil and other environmental samples at
20sites where discharges may have occurred, including sites required to be registered
21according to rules promulgated by the department of agriculture, trade and
22consumer protection under sub. (11).
SB55-ASA1-AA1,736,724
94.73
(12) Memorandum of understanding. The department and the
25department of
natural resources environmental management shall enter into a
1memorandum of understanding establishing their respective functions in the
2administration of this section. The memorandum of understanding shall establish
3procedures to ensure that corrective actions taken under this section are consistent
4with actions taken under s. 292.11 (7). The department and the department of
5natural resources environmental management may request that the secretary of
6administration provide assistance in accomplishing the memorandum of
7understanding.".
SB55-ASA1-AA1,736,1110
95.60
(2) (d) The department of
natural resources fish, wildlife, parks, and
11forestry is exempt from par. (a).
SB55-ASA1-AA1,736,1513
95.60
(4s) (a) In consultation with the department of
natural resources fish,
14wildlife, parks, and forestry, promulgate rules specifying requirements for the
15labeling and identification, in commerce, of fish reared in fish farms.
SB55-ASA1-AA1,736,2017
95.60
(4s) (b) In consultation with the department of
natural resources fish,
18wildlife, parks, and forestry, promulgate rules specifying fish health standards and
19requirements for certifying that fish meet those standards for the purpose of s.
2029.736.
SB55-ASA1-AA1,736,2422
95.60
(4s) (c) In consultation with the department of
natural resources fish,
23wildlife, parks, and forestry, promulgate rules specifying the qualifications that a
24person who is not a veterinarian must satisfy in order to issue fish health certificates.
SB55-ASA1-AA1,737,42
95.60
(4s) (d) In consultation with the department of
natural resources fish,
3wildlife, parks, and forestry, promulgate rules specifying diseases and requirements
4for certifying that fish are free of those diseases for the purposes of sub. (2) (b).
SB55-ASA1-AA1,737,76
95.60
(6) (a) No person, except the department of
natural resources fish,
7wildlife, parks, and forestry, may rear lake sturgeon in a fish farm.
SB55-ASA1-AA1,737,128
(c) The department, in consultation with the department of
natural resources 9fish, wildlife, parks, and forestry, shall study regulatory options that would enable
10commercial rearing of lake sturgeon while protecting the wild lake sturgeon
11population. The department shall submit the results of the study to the legislature
12under s. 13.172 (2) no later than December 31, 2000.".
SB55-ASA1-AA1,737,2115
97.20
(2) (d) 2. The license applicant has filed all financial information
required
16under s. 126.44 and any security required under s.
100.06 126.47. If an applicant has
17not filed all financial information
under s. 126.44 and any security required under
18s.
100.06 126.47, the department may issue a conditional dairy plant license under
19s. 93.06 (8) which prohibits the licensed operator from purchasing milk or fluid milk
20products from milk producers or their agents, but allows the operator to purchase
21milk or fluid milk products from other sources.
SB55-ASA1-AA1,738,423
97.20
(3m) Confidentiality. Any information kept by the department under
24this section or s. 97.24 that identifies individual milk producers who deliver milk to
1a dairy plant licensed under this section and that is a composite list for that dairy
2plant is not subject to inspection under s. 19.35 unless inspection is required under
3s.
100.06 (4) 126.70 or unless the department determines that inspection is necessary
4to protect the public health, safety or welfare.
SB55-ASA1-AA1,738,116
97.22
(10) Confidentiality. Any information obtained and kept by the
7department under this section, under s. 97.24 or 97.52, or under rules promulgated
8under those sections, that pertains to individual milk producer production, milk fat
9and other component tests and quality records is not subject to inspection under s.
1019.35 except as required under s.
100.06 (4) 126.70 or except as the department
11determines is necessary to protect the public health, safety or welfare.
SB55-ASA1-AA1,738,2213
97.29
(4) Food processing plants buying vegetables from producers. The
14department may not issue or renew a license to operate a food processing plant to any
15applicant who is a
vegetable contractor, as defined in s.
100.03 (1) (f) 126.55 (14),
16unless the applicant has filed all financial information
required under s. 126.58 and
17any security that is required under s.
100.03 126.61. If an applicant has not filed all
18financial information
required under s. 126.58 and any security that is required
19under s.
100.03 126.61, the department may issue a conditional license under s. 93.06
20(8) that prohibits the licensed operator from procuring vegetables from a producer
21or a producer's agent, but allows the operator to procure vegetables from other
22sources.".
SB55-ASA1-AA1,739,10
197.42
(3) (d)
Custom service slaughtering. This subsection shall not apply to
2animals and poultry slaughtered as a custom service for the owner
exclusively for use
3by the owner and members of the owner's household and the owner's nonpaying
4guests and employees if the slaughterer is not involved with the sale of the meat,
5unless department inspection is specifically requested and performed at
6establishments where examinations before and after slaughter are required. The
7rules of the department shall make provision for the furnishing of such inspection
8service, subject to availability of inspector personnel, and for the identification of all
9animals and poultry custom slaughtered for the owners thereof without department
10inspection.
SB55-ASA1-AA1,739,1712
97.42
(6) (a) (intro.)
No Except as provided in par. (am), no person shall
13slaughter any animals or poultry for the purpose of selling the meat products or
14poultry products thereof for human food, or sell, offer for sale or have in his or her
15possession with intent to sell such meat products or poultry products for human food,
16unless such animals and poultry and the carcasses thereof have been first inspected
17and approved as provided by any of the following:
SB55-ASA1-AA1,739,2219
97.42
(6) (am) Paragraph (a) does not prohibit the slaughter for the purpose
20of sale or the sale of animals or poultry without inspection or approval if the sale is
21by the person who raised the animals or poultry to an individual and is not for
22resale.".
SB55-ASA1-AA1,740,6
197.34
(2) (b) No person may manufacture or bottle bottled drinking water for
2sale or distribution in this state unless the bottled drinking water complies with
3state drinking water standards adopted by the department of
natural resources 4environmental management under s. 280.11, 281.15 or 281.17 (8) and with
5health-related enforcement standards adopted by the department of
natural
6resources environmental management under ch. 160.
SB55-ASA1-AA1,740,118
97.34
(2) (d) No person may manufacture or bottle bottled drinking water for
9sale or distribution in this state unless the water system used by the manufacturer
10or bottler complies with ch. 280 and rules promulgated by the department of
natural
11resources environmental management under that chapter.".
SB55-ASA1-AA1,740,14
13"
Section 2404. 100.03 of the statutes as affected by 2000 Wisconsin Act ....
14(this act) is repealed.
SB55-ASA1-AA1,740,2318
100.03
(1) (bm) "Audited financial statement" means a financial statement
19that, in the accompanying opinion of an independent certified public accountant
or
20a public accountant holding a certificate of authority licensed or certified under ch.
21442, fairly and in all material respects represents the financial position of the
22contractor, the results of the contractor's operations and the contractor's cash flows
23in conformity with generally accepted accounting principles.
SB55-ASA1-AA1,741,3
1100.03
(1) (ym) 2. Reviewed according to generally accepted accounting
2principles by an independent certified public accountant
or a public accountant
3holding a certificate of authority licensed or certified under ch. 442.
SB55-ASA1-AA1,741,165
100.06
(1g) (c) The department shall require the applicant to file a financial
6statement of his or her business operations and financial condition that meets the
7requirements of par. (d). The licensee, during the term of his or her license, may be
8required to file such statements periodically. All such statements shall be
9confidential and shall not be open for public inspection, except that the department
10shall provide the name and address of an individual, the name and address of the
11individual's employer and financial information related to the individual contained
12in such statements if requested under s. 49.22 (2m) by the department of workforce
13development or a county child support agency under s. 59.53 (5). The department
14may require such statements to be certified by a
certified public accountant
licensed
15or certified under ch. 442. Such statements and audits, when made by the
16department, shall be paid for at cost.".
SB55-ASA1-AA1,742,519
100.18
(11) (d) The department
or the department of justice, after consulting
20with the department, or any district attorney, upon informing the department, may
21commence an action in circuit court in the name of the state to restrain by temporary
22or permanent injunction any violation of this section. The court may in its discretion,
23prior to entry of final judgment, make such orders or judgments as may be necessary
24to restore to any person any pecuniary loss suffered because of the acts or practices
1involved in the action, provided proof thereof is submitted to the satisfaction of the
2court. The department
and the department of justice may subpoena persons and
3require the production of books and other documents
, and the department of justice
4may request the department to exercise its authority under par. (c) to aid in the
5investigation of alleged violations of this section.
SB55-ASA1-AA1,742,167
100.18
(11) (e) In lieu of instituting or continuing an action pursuant to this
8section, the department
or the department of justice may accept a written assurance
9of discontinuance of any act or practice alleged to be a violation of this section from
10the person who has engaged in such act or practice. The acceptance of such assurance
11by
either the department
or the department of justice shall be deemed acceptance by
12the other state officials enumerated in par. (d) if the terms of the assurance so
13provide. An assurance entered into pursuant to this section shall not be considered
14evidence of a violation of this section, provided that violation of such an assurance
15shall be treated as a violation of this section, and shall be subjected to all the
16penalties and remedies provided therefor.".
SB55-ASA1-AA1,742,2019
100.235
(1) (b) "Contractor" has the meaning given
for "vegetable contractor" 20under s.
100.03 (1) (f) 126.55 (14).
SB55-ASA1-AA1, s. 2415
21Section 2415. 100.235 (1) (em) of the statutes is renumbered 100.235 (1) (dm)
22and amended to read:
SB55-ASA1-AA1,742,2423
100.235
(1) (dm) "
Registration
License year" has the meaning given under s.
24100.03 (1) (y) 126.55 (10m).
SB55-ASA1-AA1,743,102
100.235
(2) Contractor may not pay producer less than contractor's cost to
3grow. If a contractor and the contractor's affiliates and subsidiaries collectively grow
4more than 10% of the acreage of any vegetable species grown and procured by the
5contractor in any
registration license year, the contractor shall pay a producer, for
6vegetables of that species tendered or delivered under a vegetable procurement
7contract, a price not less than the contractor's cost to grow that vegetable species in
8the same growing region. For vegetables contracted on a tonnage basis and for
9open-market tonnage purchased, acreage under this subsection shall be determined
10using the state average yield per acre during the preceding
registration license year.
SB55-ASA1-AA1,743,2413
100.235
(4) Cost to grow; report to department upon request. If the
14department determines that a contractor and the contractor's affiliates and
15subsidiaries will collectively grow more than 10% of the acreage of any vegetable
16species grown and procured by the contractor during a
registration license year, the
17department may require the contractor to file a statement of the contractor's cost to
18grow that vegetable species. The contractor shall file the report with the department
19within 30 days after the department makes its request, unless the department
20grants an extension of time. The department may permit the contractor to report
21different costs to grow for different growing regions if the contractor can define the
22growing regions to the department's satisfaction, and can show to the department's
23satisfaction that the contractor's costs to grow are substantially different between
24the growing regions.
SB55-ASA1-AA1,744,4
1100.26
(5) Any person violating
s. 100.06 or any order or regulation of the
2department thereunder, or s. 100.18 (9)
, shall be fined not less than $100 nor more
3than $1,000 or imprisoned for not more than 2 years or both. Each day of violation
4constitutes a separate offense.".
SB55-ASA1-AA1,744,157
100.20
(4) The
department of justice
district attorney may file a written
8complaint with the department alleging that the person named is employing unfair
9methods of competition in business or unfair trade practices in business or both.
10Whenever such a complaint is filed it shall be the duty of the department to proceed,
11after proper notice and in accordance with its rules, to the hearing and adjudication
12of the matters alleged, and a representative of the
department of justice designated
13by the attorney general district attorney may appear before the department in such
14proceedings. The
department of justice district attorney shall be entitled to judicial
15review of the decisions and orders of the department under ch. 227.
SB55-ASA1-AA1,745,317
100.207
(6) (b) 1. The department
of justice, after consulting with the
18department of agriculture, trade and consumer protection, or any district attorney
19upon informing the department of agriculture, trade and consumer protection, may
20commence an action in circuit court in the name of the state to restrain by temporary
21or permanent injunction any violation of this section. Injunctive relief may include
22an order directing telecommunications providers, as defined in s. 196.01 (8p), to
23discontinue telecommunications service provided to a person violating this section
24or ch. 196. Before entry of final judgment, the court may make such orders or
1judgments as may be necessary to restore to any person any pecuniary loss suffered
2because of the acts or practices involved in the action if proof of these acts or practices
3is submitted to the satisfaction of the court.