94.10(3)(f)
(f)
Exemptions. Paragraph (a) does not apply to any of the following:
94.10(3)(f)1.
1. A nursery grower who sells or distributes nursery stock only at retail and whose total sales from all locations in this state during the license year do not exceed $250.
94.10(3)(f)2.
2. A person who sells or distributes nursery stock solely for the benefit of a nonprofit organization, for a total of not more than 7 consecutive days in this state during the license year.
94.10(3g)
(3g) Christmas tree grower; annual license. 94.10(3g)(a)(a)
License required. Except as provided in
par. (e), no person may operate as a Christmas tree grower without an annual license from the department. A Christmas tree grower license expires on February 20. A Christmas tree grower license may not be transferred to another person.
94.10(3g)(b)
(b)
Applying for a license. A person applying for a Christmas tree 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:
94.10(3g)(b)1.
1. The applicant's legal name and address and any other name under which the applicant does business.
94.10(3g)(b)2.
2. The address of each location in this state at which the applicant grows evergreen trees for eventual sale as Christmas trees or at which the applicant holds Christmas trees for sale.
94.10(3g)(b)4.
4. Other information reasonably required by the department for licensing purposes.
94.10(3g)(c)
(c)
License fee. Except as otherwise provided by the department by rule, a Christmas tree grower shall pay the following annual license fee, based on the Christmas tree grower's annual sales determined under
par. (d):
94.10(3g)(c)1.
1. If the Christmas tree grower has annual sales of no more than $5,000, $20.
94.10(3g)(c)2.
2. If the Christmas tree grower has annual sales of more than $5,000 but not more than $20,000, $55.
94.10(3g)(c)3.
3. If the Christmas tree grower has annual sales of more than $20,000 but not more than $100,000, $90.
94.10(3g)(c)4.
4. If the Christmas tree grower has annual sales of more than $100,000 but not more than $200,000, $150.
94.10(3g)(c)5.
5. If the Christmas tree grower has annual sales of more than $200,000 but not more than $500,000, $250.
94.10(3g)(c)6.
6. If the Christmas tree grower has annual sales of more than $500,000 but not more than $2,000,000, $450.
94.10(3g)(c)7.
7. If the Christmas tree grower has annual sales of more than $2,000,000, $900.
94.10(3g)(d)1.1. For the purposes of
par. (c) the amount of a Christmas tree grower's annual sales is the Christmas tree grower's gross receipts, during the Christmas tree grower's last completed fiscal year, from the sale, consignment, or other distribution of Christmas trees that the Christmas tree grower grew at locations in this state, except as provided in
subd. 2.
94.10(3g)(d)2.
2. If, during a Christmas tree grower's last completed fiscal year, the Christmas tree grower made no sales of Christmas trees that the Christmas tree grower grew at locations in this state, the amount of annual sales is the Christmas tree grower's good faith prediction of sales described in
subd. 1. during the Christmas tree grower's current fiscal year.
94.10(3g)(e)
(e)
Exemption. Paragraph (a) does not apply to a Christmas tree grower who sells or distributes Christmas trees only at retail and whose total Christmas tree sales in this state during the license year do not exceed $250.
94.10(3m)(a)(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.
94.10(3m)(b)
(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.
94.10(3m)(c)
(c) The holder of a Christmas tree grower license shall notify the department in writing before adding, during the license year, any new location at which the license holder will grow evergreen trees for eventual sale as Christmas trees or hold Christmas trees for sale.
94.10(4)(a)(a)
Nursery stock received. Each nursery dealer, nursery grower, and Christmas tree grower shall keep a record of every shipment of nursery stock received by the nursery dealer, nursery grower, or Christmas tree grower. The nursery dealer, nursery grower, or Christmas tree grower shall include all of the following in the record:
94.10(4)(a)1.
1. A description of the types of nursery stock, and the quantity of nursery stock of each type, included in the shipment.
94.10(4)(a)2.
2. The name and address of the source of the shipment.
94.10(4)(b)
(b)
Nursery stock shipped. Each nursery grower and nursery dealer shall keep a record of every shipment of nursery stock that the nursery grower or nursery dealer sells or distributes to another nursery grower, nursery dealer, or Christmas tree grower. The nursery grower or nursery dealer shall include all of the following in the record:
94.10(4)(b)1.
1. A description of the types of nursery stock, and the quantity of nursery stock of each type, included in the shipment.
94.10(4)(b)2.
2. The name and address of the nursery grower, nursery dealer, or Christmas tree grower receiving the shipment.
94.10(4)(c)
(c)
Records retained and made available. A person 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 for inspection and copying by the department upon request.
94.10(5)(a)(a)
Nursery stock shipped to grower or dealer. No person may sell or distribute any shipment of nursery stock to a nursery grower or nursery dealer, and no nursery grower or nursery dealer may accept a shipment of nursery stock, unless that shipment is labeled with all of the following:
94.10(5)(a)1.
1. The name and address of the person selling or distributing the shipment to the nursery grower or nursery dealer.
94.10(5)(a)2.
2. A certification, by the person under
subd. 1., that all of the nursery stock included in the shipment is from officially inspected sources.
94.10(5)(b)
(b)
Unlabeled shipments. Each nursery grower, nursery dealer, and Christmas tree grower shall promptly report to the department any shipment of nursery stock tendered to the nursery grower, nursery dealer, or Christmas tree grower that is not fully labeled according to
par. (a).
94.10(5)(c)
(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.
94.10(6)(a)(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.
94.10(6)(b)
(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.
94.10(7)(a)(a)
Nursery dealers. No nursery dealer may misrepresent that the nursery dealer is a nursery grower.
94.10(7)(b)
(b)
Nursery growers and dealers. No nursery grower or nursery dealer may do any of the following:
94.10(7)(b)1.
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.
94.10(7)(b)1m.
1m. Obtain, hold, sell, offer to sell or distribute nursery stock from any source other than an officially inspected source.
94.10(7)(b)2.
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.
94.10(7)(b)3.
3. Misrepresent the name, origin, grade, variety, quality, or hardiness of any nursery stock or make any other false or misleading representation in the advertising or sale of nursery stock.
94.10(7)(b)4.
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.
94.10(7)(c)
(c)
Christmas tree grower. No Christmas tree grower may obtain nursery stock from any source other than an officially inspected source.
94.10(8)
(8) Department inspection. The department may inspect nurseries and premises at which nursery stock is held for sale or distribution. The department may inspect premises at which evergreen trees are grown for eventual sale as Christmas trees and premises at which Christmas trees are held for sale or distribution.
94.10(9)(a)(a)
Holding orders and remedial orders. An authorized employee or agent of the department may, by written notice, order a nursery grower or nursery dealer to do any of the following:
94.10(9)(a)1.
1. Temporarily hold nursery stock pending inspection by the department.
94.10(9)(a)3.
3. Refrain from importing weeds or pests that threaten agricultural production or the environment in this state.
94.10(9)(a)4.
4. Permanently withhold nursery stock from sale or distribution, if the sale or distribution would violate this section or an order issued under this section and the violation cannot be adequately remedied in another manner.
94.10(9)(a)5.
5. Destroy or return, without compensation from the department, nursery stock that is sold or distributed in violation of this section, or an order issued under this section, if the violation cannot be adequately remedied in another manner.
94.10(9)(b)
(b)
Hearing. If the recipient of an order under
par. (a) requests a hearing on that order, the department shall hold an informal hearing within 10 days unless the recipient of the order consents to a later date for an informal hearing. The request for a hearing is not a request under
s. 227.42 (1). If a contested matter is not resolved at the informal hearing, the recipient of the order is entitled to a class 2 contested case hearing under
ch. 227. The department is not required to stay an order under
par. (a) pending the outcome of any hearing under this paragraph.
94.10(10)
(10) Reciprocal agreements with other states. 94.10(10)(a)(a)
General. The department may enter into reciprocal agreements with other states to facilitate interstate shipments of nursery stock.
94.10(10)(b)
(b)
Officially inspected sources. As part of an agreement under
par. (a), the department may recognize sources of nursery stock in another state as officially inspected sources.
94.10(10)(c)
(c)
Inspection and certification standards. An agreement under
par. (a) may specify standards and procedures for all of the following:
94.10(10)(c)1.
1. Inspecting officially inspected sources of nursery stock.
94.10(10)(c)2.
2. Inspecting and certifying interstate shipments of nursery stock.
94.11
94.11
Special inspections; fees. Persons applying for any special inspection and certification of nursery stock or other plants or material as to freedom from infestation or infection shall pay a reasonable fee to cover travel and other expenses of the department.
94.11 History
History: 1975 c. 394 s.
23; Stats. 1975 s. 94.11.
94.26
94.26
Cranberry culture; maintenance of dams, etc. Any person owning lands adapted to the culture of cranberries may build and maintain on any land owned by the person such dams upon any watercourse or ditch as shall be necessary for the purpose of flowing such lands, and construct and keep open upon, across and through any lands such drains and ditches as shall be necessary for the purpose of bringing and flooding or draining and carrying off the water from such cranberry growing lands, or for the purpose of irrigation, fertilization and drainage of any other lands owned by the person; provided, that no such dams or ditches shall injure any other dams or ditches theretofore lawfully constructed and maintained for a like purpose by any other person.
94.26 History
History: 1993 a. 492.
94.26 Cross-reference
Cross Reference: See also s.
NR 19.03, Wis. adm. code.
94.26 Annotation
This section exempts cranberry growers from the permit requirements of s. 30.18 for diversion of water for agricultural purposes. State v. Zawistowski,
95 Wis. 2d 250,
290 N.W.2d 303 (1980).
94.27
94.27
Liability for damages. Any person who builds or maintains any dam or constructs or keeps open any ditch or drain under
s. 94.26 is liable to persons whose lands are overflowed or otherwise injured by the dam, ditch or drain for the full sum of damages sustained, which shall be ascertained under
s. 94.28 and recovered under
ss. 94.28 to
94.30.
94.27 History
History: 1993 a. 492;
1997 a. 253.
94.28
94.28
Arbitrators to fix damages. 94.28(1)
(1) If a person claiming damages from a dam, ditch or drain cannot agree with the person liable to pay the damages under
s. 94.27, the damage claimant shall select one disinterested arbitrator and give notice of the selection to the person against whom the damages are claimed. The person from whom damages are claimed shall, within 10 days after receipt of the notice, select another disinterested arbitrator, not of kin to any of the parties interested in maintaining the dams, ditches or drains, and give notice of the selection to the claimant and to the persons selected as arbitrators.
94.28(2)(a)(a) The persons selected as arbitrators under
sub. (1) shall, within 20 days after notice of their appointment, do all of the following:
94.28(2)(a)1.
1. Appoint a disinterested 3rd person to act as arbitrator with them.
94.28(2)(a)2.
2. Fix a time and place at which the arbitrators shall meet to determine the claimant's damages.
94.28(2)(a)3.
3. Give notice of the appointment of the 3rd arbitrator and the time and place of hearing to the interested parties.
94.28(2)(b)
(b) At the time and place fixed under
par. (a) 2., the arbitrators shall view the premises and hear the proofs and allegations of the parties. Within 10 days thereafter, the arbitrators, or any 2 of them, shall make duplicate statements of the proceedings had by them and of the amount that they order to be paid to the claimant for the claimant's damages and the amount to be paid by the respective parties for the arbitrators' fees and the costs of the proceedings. The arbitrators shall deliver a copy of the statement and order to each party. Within 20 days thereafter, the amount so ordered shall be paid by the party of whom required unless an appeal is taken as provided under
s. 94.29.
94.28 History
History: 1993 a. 492;
1997 a. 253.
94.29
94.29
Appeal. If either party is not satisfied with the award the party may, within 10 days after the delivery of the copy thereof to him or her, serve upon either of the arbitrators notice of appeal from their award to the circuit court of the county in which the lands or any part thereof are situated and pay to the arbitrators the whole amount of their fees plus the fee prescribed in
s. 814.61 (8) (am) 1.; and if the party required to pay the damages gives notice of an appeal therefrom he or she shall file with the notice of appeal an undertaking, signed by 2 or more sureties, to be approved by at least 2 of the arbitrators, in double the amount of the award, conditioned to pay any judgment that may be rendered against the party upon appeal. Upon filing the notice of appeal and undertaking, when required, the arbitrators, or 2 of them, shall, within 10 days, make and sign a full statement of the proceedings had by them and of their award and file the same with the clerk of circuit court and pay the fee prescribed in
s. 814.61 (8) (am) 1.; and thereupon the clerk shall enter an action in which the claimant is the plaintiff, which shall be deemed then at issue, and proceedings shall be had thereon in like manner as in other civil actions in the court. Unless the appellant obtains a more favorable judgment upon appeal, he or she shall pay costs; otherwise, the respondent.
94.30
94.30
Rights on payment. 94.30(1)(1) If neither party appeals from the award under
s. 94.28 and the responsible party pays the full amount of damages and costs awarded within the time prescribed under
s. 94.28 (2) (b) or if, upon an appeal, a final judgment is rendered in favor of the claimant and the responsible party pays the judgment and all costs awarded to the claimant within 60 days after entry of the final judgment, that responsible party shall have the perpetual right to maintain and keep the dams, ditches or drains that caused the damage in good condition and repair. Neither the responsible party nor the responsible party's assigns shall be liable for the payment of any further damages on account of the dams, ditches or drains.
