SECTION 18. 94.385 of the statutes is amended to read:
94.385 Seed label locations requirements. (1) Each No person may sell, distribute, or offer or expose for sale in this state a container of agricultural seed or vegetable seed which is sold, distributed or offered or exposed for sale within this state for seeding or sprouting purposes shall bear or have unless the container bears or has attached to it in a conspicuous place a label containing the information specified in s. 94.39 required by the department by rule.
(2) Except as provided under s. 94.43 (2), each no person may sell in this state a bulk lot of agricultural or vegetable seed sold within this state for seeding or sprouting purposes shall include unless the person includes with the invoice or shipping document furnished the purchaser at time of delivery a label containing the information specified in s. 94.39 required by the department by rule.
SECTION 19. 94.39 of the statutes is repealed.
SECTION 20. 94.40 (1) of the statutes is repealed.
SECTION 21. 94.40 (2) of the statutes is amended to read:
94.40 (2) The Wisconsin Crop Improvement Association, a nonprofit organization incorporated under the laws of this state, in cooperation with the University of Wisconsin-Madison College of Agricultural and Life Sciences and the department, shall be the seed certifying agency for the certification of agricultural seed and vegetable seed in the state.
SECTION 22. 94.40 (3) of the statutes is amended to read:
94.40 (3) The Wisconsin Crop Improvement Association, in cooperation with the University of Wisconsin-Madison College of Agricultural and Life Sciences and the department, shall establish standards and procedures for the certification of agricultural seed and vegetable seed, subject to approval of the department. Standards and procedures established under this subsection shall comply with rules promulgated by the department and be no less stringent than those prescribed by the association of official seed certifying agencies Association of Official Seed Certifying Agencies.
SECTION 23. 94.40 (4) of the statutes is created to read:
94.40 (4) The Wisconsin Crop Improvement Association, in cooperation with the University of Wisconsin-Madison College of Agricultural and Life Sciences and the department, shall be the certifying agency for the certification of weed free mulch, hay, and straw, and shall base its certifications on the standards of the North American Weed Management Association.
SECTION 24. 94.41 (1) (a) of the statutes is amended to read:
94.41 (1) (a) Unless the test to determine the percentage of germination required under s. 94.39 by the department by rule is completed within a 12-month period immediately prior to the date it end of the month in which the seed is sold, distributed or offered or exposed for sale, as shown by records, exclusive of the calendar month in which the test is completed, except that seeds seed packaged in hermetically sealed containers may be sold, distributed or offered or exposed for sale under such any conditions as that the department may prescribe prescribes by rule, for a period of 36 months following the end of the month in which the seeds are seed is tested. No seeds seed in hermetically sealed containers shall may be sold, distributed or offered or exposed for sale beyond such that 36-month period unless it is retested within the preceding 9-month period, exclusive of the calendar month in which the retest is completed. Seed, for which the germination test date has expired, shall be relabeled by a licensed labeler prior to its being sold, distributed or offered or exposed for sale immediately prior to the end of the month in which it is sold, distributed, or offered or exposed for sale and the retested seed is labeled with the extended expiration date.
SECTION 25. 94.41 (1) (b) of the statutes is amended to read:
94.41 (1) (b) Not labeled in accordance with s. 94.39 rules promulgated by the department, or containing any labeling statements which modify or deny label information required under s. 94.39 rules promulgated by the department, or having any other false or misleading labeling.
SECTION 26. 94.41 (1) (e) of the statutes is repealed.
SECTION 27. 94.41 (1) (f) of the statutes is repealed.
SECTION 28. 94.41 (1) (g) of the statutes is repealed.
SECTION 29. 94.41 (2) (a) of the statutes is amended to read:
94.41 (2) (a) To detach, alter, deface or destroy any label attached to or accompanying seed, or to alter or substitute seed in a manner which would defeat the purposes of s. 94.39 the rules of the department relating to the labeling of seed or result in the sale or distribution of seed in violation of ss. 94.38 to 94.46 or rules thereunder promulgated under those sections.
SECTION 30. 94.41 (2) (e) of the statutes is amended to read:
94.41 (2) (e) To use the word "trace" as a substitute for any labeling required under s. 94.39 rules of the department relating to the composition of seeds or seed mixtures.
SECTION 31. 94.43 (1) of the statutes is amended to read:
94.43 (1) Every person whose name and address are required to appear on the label of any seed as the labeler or person responsible for the labeling thereof of the seed under s. 94.39, or the rules of the department relating to the labeling of seed, and every person who opens any bag or container of seed and sells any part of the seed contained therein, shall obtain a seed labeler's license from the department before selling, distributing or offering or exposing, such the seed for sale in this state.
SECTION 32. 94.43 (3) (intro.) of the statutes is amended to read:
94.43 (3) (intro.) Application for a seed labeler's license shall be submitted on a form prescribed by the department and shall be accompanied by a fee based on the gross sales of seed within the state by the applicant under his or her own label during the previous 12 months prior to filing the application. Fees for a labeler's license shall be computed on gross sales according to the following schedule, except that the department may specify different fees by rule:
SECTION 33. 94.43 (3) (b) of the statutes is amended to read:
94.43 (3) (b) For gross sales that are $10,000 or more but less than $25,000 $50,000: $50.
SECTION 34. 94.43 (3) (c) of the statutes is amended to read:
94.43 (3) (c) For gross sales that are $25,000 $50,000 or more but less than $75,000 $100,000: $100.
SECTION 35. 94.43 (3) (d) of the statutes is amended to read:
94.43 (3) (d) For gross sales that are $75,000 $100,000 or more but less than $200,000: $150 $250,000: $300.
SECTION 36. 94.43 (3) (e) of the statutes is amended to read:
94.43 (3) (e) For gross sales that are $200,000 $250,000 or more: $200 but less than $500,000: $500.
SECTION 37. 94.43 (3) (f) of the statutes is created to read:
94.43 (3) (f) For gross sales that are $500,000 or more but less than $1,000,000: $750.
SECTION 38. 94.43 (3) (g) of the statutes is created to read:
94.43 (3) (g) For gross sales that are $1,000,000 or more but less than $10,000,000: $1,000.
SECTION 39. 94.43 (3) (h) of the statutes is created to read:
94.43 (3) (h) For gross sales that are $10,000,000 or more but less than $100,000,000: $1,500.
SECTION 40. 94.43 (3) (i) of the statutes is created to read:
94.43 (3) (i) For gross sales that are $100,000,000 or more: $2,500.
SECTION 41. 94.44 of the statutes is amended to read:
94.44 Records. Each person whose name is required to appear on the label as the labeler of agricultural or vegetable seeds pursuant to s. 94.39 under rules of the department shall maintain complete records of each lot of seed sold or labeled for a period of 2 years after final sale or disposition thereof of the seed, except that a file sample of such the seed need be kept for only one year. This and except that this section shall not be construed as requiring does not require a record of the sale or disposal of each portion of a lot sold at retail in quantities of less than 40 pounds. All records and samples pertaining to any lot of seed shall be accessible for inspection by the department during customary business hours.
SECTION 42. 94.45 (intro.) and (1) to (5) of the statutes are renumbered 94.45 (1) (intro.) and (a) to (e).
SECTION 43. 94.45 (6) of the statutes is repealed and recreated to read:
94.45 (6) The department shall promulgate rules that do all of the following:
(a) Prescribe standards for the labeling, distribution, and sale of agricultural seed and vegetable seed.
(b) Govern methods of sampling, inspecting, analyzing, testing, and examining agricultural seed and vegetable seed.
(c) Prescribe tolerances for purity and rate of germination of agricultural seed and vegetable seed.
(d) Prescribe tolerances for the occurrence of noxious weed seeds in agricultural seed and vegetable seed.
(e) Identify noxious weeds and prohibited noxious weeds.
(f) Govern the issuance of seed labeler licenses.
(g) Govern the administration and enforcement of ss. 94.38 to 94.46.
SECTION 9103. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.
(1) AGRICULTURAL AND VEGETABLE SEED RULES. The department of agriculture, trade and consumer protection may use the procedure under section 227.24 of the statutes, to promulgate the rules required under section 94.45 (6) of the statutes, as affected by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until the first day of the 24th month beginning after the effective date of this subsection, or the date on which permanent rules are promulgated, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to determine that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
SECTION 9403. Effective dates; Agriculture, Trade and Consumer Protection.
(1) AGRICULTURAL AND VEGETABLE SEEDS. The treatment of sections 94.38 (3), (4), (4m), (5), (6), (8), (9), (12), (13), (15), (19), (20), (21), (22), (23), and (24), 94.385, 94.39, 94.41 (1) (a), (b), (e), (f), and (g) and (2) (a) and (e), 94.43 (1), and 94.44 of the statutes takes effect on the first day of the 19th month beginning after publication.
(End)
LRB-0460LRB-0460/2
RCT:bjk:ph
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0148 - DATCP technical changes
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
This bill renumbers the appropriation to DATCP for gifts and grants for the Agricultural Education and Workforce Development Council. The bill also makes a technical correction related to the requirement for reporting pesticide sales for the year in which a person stops selling pesticides.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.115 (8) (ge) of the statutes is renumbered 20.115 (3) (ge).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 94.681 (6) (a) 2. of the statutes is amended to read:
94.681 (6) (a) 2. By March 31 of the year following the year in which the person stopped selling or distributing the pesticide product for use in this state, file a report with the department showing the gross revenue that the person derived from the sale of the pesticide product for use in this state from October 1 of the year before the year in which the person stopped selling or distributing the pesticide product to December 31 of the year in which the person stopped selling or distributing the pesticide product.
(End)
LRB-0461LRB-0461/P1
MDK:jld:jf
2009 - 2010 LEGISLATURE
DOA:......Rhodes, BB0151 - Elimination of certain medical school reports
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Education
Higher education
University of Wisconsin System
Under current law, the Medical College of Wisconsin (college) and the University of Wisconsin-Madison School of Medicine and Public Health (school) must submit biennial reports to the governor and JCF on specified topics, including the following: 1) Wisconsin resident enrollment numbers and percentages; 2) placement of graduates of doctor of medicine and residency training programs; and 3) financial summaries for the college and school. This bill eliminates the requirement for reports on the foregoing topics, but does not affect reporting on other topics required under current law.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 13.106 (1) (b) of the statutes is repealed.
SECTION 2. 13.106 (1) (e) of the statutes is repealed.
SECTION 3. 13.106 (2) of the statutes is repealed.
(End)
LRB-0462LRB-0462/P1
TKK:jld:rs
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0141 - Enforcement cost recovery
For 2009-11 Budget -- Not Ready For Introduction
