AB75-ASA1, s. 1978 24Section 1978. 94.38 (3) of the statutes is repealed.
AB75-ASA1, s. 1979 25Section 1979. 94.38 (4) of the statutes is repealed.
AB75-ASA1, s. 1980
1Section 1980. 94.38 (4m) of the statutes is repealed.
AB75-ASA1, s. 1981 2Section 1981. 94.38 (5) of the statutes is repealed.
AB75-ASA1, s. 1982 3Section 1982. 94.38 (6) of the statutes is repealed.
AB75-ASA1, s. 1983 4Section 1983. 94.38 (8) of the statutes is amended to read:
AB75-ASA1,1131,95 94.38 (8) "Labeler" means any person who as grower, processor, jobber,
6distributor or seller labels seed or accepts responsibility for labeling information
7pertaining to any container or lot of agricultural seed or vegetable seed and whose
8name and address is are required by the department by rule to appear on the label
9under s. 94.39.
AB75-ASA1, s. 1984 10Section 1984. 94.38 (9) of the statutes is repealed.
AB75-ASA1, s. 1985 11Section 1985. 94.38 (12) of the statutes is repealed.
AB75-ASA1, s. 1986 12Section 1986. 94.38 (13) of the statutes is repealed.
AB75-ASA1, s. 1987 13Section 1987. 94.38 (15) of the statutes is repealed.
AB75-ASA1, s. 1988 14Section 1988. 94.38 (19) of the statutes is repealed.
AB75-ASA1, s. 1989 15Section 1989. 94.38 (20) of the statutes is repealed.
AB75-ASA1, s. 1990 16Section 1990. 94.38 (21) of the statutes is repealed.
AB75-ASA1, s. 1991 17Section 1991. 94.38 (22) of the statutes is repealed.
AB75-ASA1, s. 1992 18Section 1992. 94.38 (23) of the statutes is repealed.
AB75-ASA1, s. 1993 19Section 1993. 94.38 (24) of the statutes is repealed.
AB75-ASA1, s. 1994 20Section 1994. 94.385 of the statutes is amended to read:
AB75-ASA1,1132,2 2194.385 Seed label locations requirements. (1) Each No person may sell,
22distribute, or offer or expose for sale in this state a
container of agricultural seed or
23vegetable seed which is sold, distributed or offered or exposed for sale within this
24state
for seeding or sprouting purposes shall bear or have unless the container bears

1or has
attached to it in a conspicuous place a label containing the information
2specified in s. 94.39 required by the department by rule.
AB75-ASA1,1132,7 3(2) Except as provided under s. 94.43 (2), each no person may sell in this state
4a
bulk lot of agricultural or vegetable seed sold within this state for seeding or
5sprouting purposes shall include unless the person includes with the invoice or
6shipping document furnished the purchaser at time of delivery a label containing the
7information specified in s. 94.39 required by the department by rule.
AB75-ASA1, s. 1995 8Section 1995. 94.39 of the statutes is repealed.
AB75-ASA1, s. 1996 9Section 1996. 94.40 (1) of the statutes is repealed.
AB75-ASA1, s. 1997 10Section 1997. 94.40 (2) of the statutes is amended to read:
AB75-ASA1,1132,1511 94.40 (2) The Wisconsin Crop Improvement Association, a nonprofit
12organization incorporated under the laws of this state, in cooperation with the
13University of Wisconsin-Madison College of Agricultural and Life Sciences and the
14department, shall be the seed certifying agency for the certification of agricultural
15seed and vegetable seed in the state.
AB75-ASA1, s. 1998 16Section 1998. 94.40 (3) of the statutes is amended to read:
AB75-ASA1,1132,2417 94.40 (3) The Wisconsin Crop Improvement Association, in cooperation with
18the University of Wisconsin-Madison College of Agricultural and Life Sciences and
19the department
, shall establish standards and procedures for the certification of
20agricultural seed and vegetable seed, subject to approval of the department.
21Standards and procedures established under this subsection shall comply with rules
22promulgated by the department and
be no less stringent than those prescribed by the
23association of official seed certifying agencies Association of Official Seed Certifying
24Agencies
.
AB75-ASA1, s. 1999 25Section 1999. 94.40 (4) of the statutes is created to read:
AB75-ASA1,1133,5
194.40 (4) The Wisconsin Crop Improvement Association, in cooperation with
2the University of Wisconsin-Madison College of Agricultural and Life Sciences and
3the department, shall be the certifying agency for the certification of weed free
4mulch, hay, and straw, and shall base its certifications on the standards of the North
5American Weed Management Association.
AB75-ASA1, s. 2000 6Section 2000. 94.41 (1) (a) of the statutes is amended to read:
AB75-ASA1,1133,227 94.41 (1) (a) Unless the test to determine the percentage of germination
8required under s. 94.39 by the department by rule is completed within a 12-month
9period immediately prior to the date it end of the month in which the seed is sold,
10distributed or offered or exposed for sale, as shown by records, exclusive of the
11calendar month in which the test is completed,
except that seeds seed packaged in
12hermetically sealed containers may be sold, distributed or offered or exposed for sale
13under such any conditions as that the department may prescribe prescribes by rule,
14for a period of 36 months following the end of the month in which the seeds are seed
15is
tested. No seeds seed in hermetically sealed containers shall may be sold,
16distributed or offered or exposed for sale beyond such that 36-month period unless
17it is retested within the preceding 9-month period, exclusive of the calendar month
18in which the retest is completed. Seed, for which the germination test date has
19expired, shall be relabeled by a licensed labeler prior to its being sold, distributed or
20offered or exposed for sale
immediately prior to the end of the month in which it is
21sold, distributed, or offered or exposed for sale and the retested seed is labeled with
22the extended expiration date
.
AB75-ASA1, s. 2001 23Section 2001. 94.41 (1) (b) of the statutes is amended to read:
AB75-ASA1,1134,224 94.41 (1) (b) Not labeled in accordance with s. 94.39 rules promulgated by the
25department
, or containing any labeling statements which modify or deny label

1information required under s. 94.39 rules promulgated by the department, or having
2any other false or misleading labeling.
AB75-ASA1, s. 2002 3Section 2002. 94.41 (1) (e) of the statutes is repealed.
AB75-ASA1, s. 2003 4Section 2003. 94.41 (1) (f) of the statutes is repealed.
AB75-ASA1, s. 2004 5Section 2004. 94.41 (1) (g) of the statutes is repealed.
AB75-ASA1, s. 2005 6Section 2005. 94.41 (2) (a) of the statutes is amended to read:
AB75-ASA1,1134,117 94.41 (2) (a) To detach, alter, deface or destroy any label attached to or
8accompanying seed, or to alter or substitute seed in a manner which would defeat the
9purposes of s. 94.39 the rules of the department relating to the labeling of seed or
10result in the sale or distribution of seed in violation of ss. 94.38 to 94.46 or rules
11thereunder promulgated under those sections.
AB75-ASA1, s. 2006 12Section 2006. 94.41 (2) (e) of the statutes is amended to read:
AB75-ASA1,1134,1513 94.41 (2) (e) To use the word "trace" as a substitute for any labeling required
14under s. 94.39 rules of the department relating to the composition of seeds or seed
15mixtures.
AB75-ASA1, s. 2007 16Section 2007. 94.43 (1) of the statutes is amended to read:
AB75-ASA1,1134,2217 94.43 (1) Every person whose name and address are required to appear on the
18label of any seed as the labeler or person responsible for the labeling thereof of the
19seed
under s. 94.39, or the rules of the department relating to the labeling of seed,
20and
every person who opens any bag or container of seed and sells any part of the seed
21contained therein, shall obtain a seed labeler's license from the department before
22selling, distributing or offering or exposing, such the seed for sale in this state.
AB75-ASA1, s. 2008 23Section 2008. 94.43 (3) (intro.) of the statutes is amended to read:
AB75-ASA1,1135,424 94.43 (3) (intro.) Application for a seed labeler's license shall be submitted on
25a form prescribed by the department and shall be accompanied by a fee based on the

1gross sales of seed within the state by the applicant under his or her own label during
2the previous 12 months prior to filing the application. Fees for a labeler's license
3shall be computed on gross sales according to the following schedule , except that the
4department may specify different fees by rule
:
AB75-ASA1, s. 2009 5Section 2009. 94.43 (3) (b) of the statutes is amended to read:
AB75-ASA1,1135,76 94.43 (3) (b) For gross sales that are $10,000 or more but less than $25,000
7$50,000: $50.
AB75-ASA1, s. 2010 8Section 2010. 94.43 (3) (c) of the statutes is amended to read:
AB75-ASA1,1135,109 94.43 (3) (c) For gross sales that are $25,000 $50,000 or more but less than
10$75,000 $100,000: $100.
AB75-ASA1, s. 2011 11Section 2011. 94.43 (3) (d) of the statutes is amended to read:
AB75-ASA1,1135,1312 94.43 (3) (d) For gross sales that are $75,000 $100,000 or more but less than
13$200,000: $150 $250,000: $300.
AB75-ASA1, s. 2012 14Section 2012. 94.43 (3) (e) of the statutes is amended to read:
AB75-ASA1,1135,1615 94.43 (3) (e) For gross sales that are $200,000 $250,000 or more: $200 but less
16than $500,000: $500
.
AB75-ASA1, s. 2013 17Section 2013. 94.43 (3) (f) of the statutes is created to read:
AB75-ASA1,1135,1918 94.43 (3) (f) For gross sales that are $500,000 or more but less than $1,000,000:
19$750.
AB75-ASA1, s. 2014 20Section 2014. 94.43 (3) (g) of the statutes is created to read:
AB75-ASA1,1135,2221 94.43 (3) (g) For gross sales that are $1,000,000 or more but less than
22$10,000,000: $1,000.
AB75-ASA1, s. 2015 23Section 2015. 94.43 (3) (h) of the statutes is created to read:
AB75-ASA1,1135,2524 94.43 (3) (h) For gross sales that are $10,000,000 or more but less than
25$100,000,000: $1,500.
AB75-ASA1, s. 2016
1Section 2016. 94.43 (3) (i) of the statutes is created to read:
AB75-ASA1,1136,22 94.43 (3) (i) For gross sales that are $100,000,000 or more: $2,500.
AB75-ASA1, s. 2017 3Section 2017. 94.44 of the statutes is amended to read:
AB75-ASA1,1136,12 494.44 Records. Each person whose name is required to appear on the label
5as the labeler of agricultural or vegetable seeds pursuant to s. 94.39 under rules of
6the department
shall maintain complete records of each lot of seed sold or labeled for
7a period of 2 years after final sale or disposition thereof of the seed, except that a file
8sample of such the seed need be kept for only one year. This and except that this
9section shall not be construed as requiring does not require a record of the sale or
10disposal of each portion of a lot sold at retail in quantities of less than 40 pounds.
11All records and samples pertaining to any lot of seed shall be accessible for inspection
12by the department during customary business hours.
AB75-ASA1, s. 2018 13Section 2018. 94.45 (intro.) and (1) to (5) of the statutes are renumbered 94.45
14(1) (intro.) and (a) to (e).
AB75-ASA1, s. 2019 15Section 2019. 94.45 (6) of the statutes is repealed and recreated to read:
AB75-ASA1,1136,1616 94.45 (6) The department shall promulgate rules that do all of the following:
AB75-ASA1,1136,1817 (a) Prescribe standards for the labeling, distribution, and sale of agricultural
18seed and vegetable seed.
AB75-ASA1,1136,2019 (b) Govern methods of sampling, inspecting, analyzing, testing, and examining
20agricultural seed and vegetable seed.
AB75-ASA1,1136,2221 (c) Prescribe tolerances for purity and rate of germination of agricultural seed
22and vegetable seed.
AB75-ASA1,1136,2423 (d) Prescribe tolerances for the occurrence of noxious weed seeds in agricultural
24seed and vegetable seed.
AB75-ASA1,1136,2525 (e) Identify noxious weeds and prohibited noxious weeds.
AB75-ASA1,1136,26
1(f) Govern the issuance of seed labeler licenses.
AB75-ASA1,1137,22 (g) Govern the administration and enforcement of ss. 94.38 to 94.46.
AB75-ASA1, s. 2021 3Section 2021. 95.55 (2) of the statutes is amended to read:
AB75-ASA1,1137,74 95.55 (2) Application. A person shall register under this section using a form
5provided by the department. The form shall be accompanied by the fee applicable
6fees
specified under sub. (3). Upon registration, the department shall issue the
7person a registration certificate.
AB75-ASA1, s. 2022 8Section 2022. 95.55 (3) (title) of the statutes is repealed and recreated to read:
AB75-ASA1,1137,99 95.55 (3) (title) Registration fee; reinspection fee.
AB75-ASA1, s. 2023 10Section 2023. 95.55 (3) of the statutes is renumbered 95.55 (3) (a).
AB75-ASA1, s. 2024 11Section 2024. 95.55 (3) (b) of the statutes is created to read:
AB75-ASA1,1137,1512 95.55 (3) (b) 1. If the department reinspects the premises where farm-raised
13deer are kept because the department has found a violation of this chapter or rules
14promulgated under this chapter, the department shall charge the person registered
15under this section the reinspection fee specified under subd. 2.
AB75-ASA1,1137,1916 2. The department shall specify the reinspection fee to be charged under subd.
171. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the
18premises. The department may specify different reinspection fees for different
19premises.
AB75-ASA1,1137,2320 3. A reinspection fee under this paragraph is payable when the reinspection is
21completed, and is due upon written demand from the department. The department
22may issue a demand for payment when it issues a registration renewal application
23form to the person registered to keep farm-raised deer under this section.
AB75-ASA1, s. 2025 24Section 2025. 95.60 (4) (a) of the statutes is amended to read:
AB75-ASA1,1138,3
195.60 (4) (a) The department shall may inspect a fish farm upon initial
2registration under sub. (3m). The department may inspect a fish farm and at any
3other time.
AB75-ASA1, s. 2026 4Section 2026. 95.60 (5) of the statutes is amended to read:
AB75-ASA1,1138,75 95.60 (5) The department shall, by rule, specify the fees for permits,
6certificates, registration and inspections under this section, including any
7reinspection fees required under sub. (5m)
.
AB75-ASA1, s. 2027 8Section 2027. 95.60 (5m) of the statutes is created to read:
AB75-ASA1,1138,129 95.60 (5m) (a) If the department reinspects a fish farm because the department
10has found a violation of this chapter or rules promulgated under this chapter, the
11department shall charge the fish farm operator the reinspection fee specified under
12par. (b).
AB75-ASA1,1138,1613 (b) The department shall specify the reinspection fee to be charged under par.
14(a) by rule. The reinspection fee may not exceed the reasonable costs to reinspect the
15fish farm. The department may specify different reinspection fees for different fish
16farms.
AB75-ASA1,1138,2017 (c) A reinspection fee under this subsection is payable when the reinspection
18is completed, and is due upon written demand from the department. The department
19may issue a demand for payment when it issues a registration renewal application
20form to the fish farm operator.
AB75-ASA1, s. 2028 21Section 2028. 95.68 (4) of the statutes is repealed and recreated to read:
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