AB75,1144,21 18(4) Application evaluation criteria. The department may not approve an
19application under sub. (3) unless the department determines that purchase of the
20proposed agricultural conservation easement will serve a public purpose. In making
21this determination, the department shall consider all of the following criteria:
AB75,1144,2322 (a) The value of the proposed agricultural conservation easement in preserving
23or enhancing agricultural production capacity in this state.
AB75,1145,3
1(b) The importance of the proposed agricultural conservation easement in
2protecting or enhancing the waters of the state or in protecting or enhancing other
3public assets.
AB75,1145,64 (c) The extent to which the proposed agricultural conservation easement would
5conserve important or unique agricultural resources, such as prime soils and soil
6resources that are of statewide importance or are unique.
AB75,1145,97 (d) The extent to which the proposed agricultural conservation easement would
8be consistent with local land use plans and zoning ordinances, including any certified
9farmland preservation plans and zoning ordinances under ch. 91.
AB75,1145,1110 (e) The extent to which the proposed agricultural conservation easement would
11enhance an agricultural enterprise area designated under s. 91.84.
AB75,1145,1312 (f) The availability, practicality, and effectiveness of other methods to preserve
13the land that would be subject to the proposed agricultural conservation easement.
AB75,1145,1714 (h) The proximity of the land that would be subject to the proposed agricultural
15conservation easement to other land that is protected for agricultural use or
16conservation use and the extent to which the proposed agricultural conservation
17easement would enhance that protection.
AB75,1145,1918 (i) The likely cost-effectiveness of the proposed agricultural conservation
19easement in preserving land for agricultural use.
AB75,1145,2220 (j) The likelihood that the land that would be subject to the proposed
21agricultural conservation easement would be converted to nonagricultural use if the
22land is not protected by the proposed agricultural conservation easement.
AB75,1145,2423 (k) The apparent willingness of each landowner to convey the proposed
24agricultural conservation easement.
AB75,1146,5
1(5) Preliminary approval of applications. The department may give
2preliminary approval to an application under sub. (3) after evaluating the
3application under sub. (4) and consulting with the council under sub. (13). The
4department shall give its preliminary approval in writing. Approval of an
5application is contingent on the signing of a contract under sub. (6m).
AB75,1146,8 6(6) Information related to proposed easement. A cooperating entity that
7receives a preliminary approval under sub. (5) shall submit all of the following to the
8department:
AB75,1146,109 (a) A copy of the proposed instrument for conveying the agricultural
10conservation easement.
AB75,1146,1211 (b) A professional appraisal of the proposed agricultural conservation
12easement.
AB75,1146,1313 (c) A statement of the purchase cost of the agricultural conservation easement.
AB75,1146,1514 (d) An estimate of the transaction costs that the cooperating entity will incur
15in connection with the purchase of the proposed agricultural conservation easement.
AB75,1146,1916 (e) The record of a complete search of title records that verifies ownership of
17the land that would be subject to the proposed agricultural conservation easement
18and identifies any potentially conflicting property interests, including any liens,
19mortgages, easements, or reservations of mineral rights.
AB75,1146,2320 (f) Documentation showing to the satisfaction of the department that any
21material title defects will be eliminated and any materially conflicting property
22interests will be subordinated to the proposed agricultural conservation easement
23or eliminated.
AB75,1147,7 24(6m) Contract with cooperating entity. After a cooperating entity complies
25with sub. (6) and the department determines that the proposed instrument of

1conveyance complies with sub. (7), the department and the cooperating entity may
2enter into a written contract that specifies the terms and conditions of the
3department's participation in the purchase of the proposed agricultural conservation
4easement. The cooperating entity shall agree to pay the full purchase cost and the
5transaction costs related to the purchase of the proposed agricultural conservation
6easement, subject to reimbursement under sub. (9) of the department's agreed upon
7share of the costs.
AB75,1147,12 8(7) Purchase of easement. After a cooperating entity has entered into a
9contract under sub. (6m), the cooperating entity may, in accordance with the
10contract, purchase the agricultural conservation easement on behalf of the
11cooperating entity and the department if the agricultural conservation easement
12does all of the following:
AB75,1147,1513 (a) Prohibits the land subject to the agricultural conservation easement from
14being developed for a use that would make the land unavailable or unsuitable for
15agricultural use.
AB75,1147,1616 (b) Continues in perpetuity, except as provided in par. (dm).
AB75,1147,1817 (c) Provides that the cooperating entity and the department, on behalf of this
18state, are both holders of the agricultural conservation easement.
AB75,1147,2119 (d) Prohibits any holder of the agricultural conservation easement other than
20the department from transferring or relinquishing the holder's interest without 60
21days' prior notice to the department.
AB75,1147,2422 (dm) Provides that a court may do all of the following if, at any time, the court
23finds that due to unforeseen circumstances it is no longer possible for the agricultural
24conservation easement to serve its original purpose:
AB75,1147,2525 1. Terminate the agricultural conservation easement.
AB75,1148,3
12. Order the property owner to pay compensation to the holders of the
2agricultural conservation easement, including this state, under the terms the court
3determines to be appropriate.
AB75,1148,54 (e) Complies with any other conditions specified in the contract under sub.
5(6m).
AB75,1148,14 6(8) Acceptance and recording of easement. A cooperating entity that
7purchases an agricultural conservation easement under sub. (7) shall submit the
8agricultural conservation easement to the department for its acceptance. Upon
9acceptance by the department, the cooperating entity shall promptly record the
10agricultural conservation easement and acceptance with the register of deeds of the
11county in which the land subject to the agricultural conservation easement is located
12and shall provide to the department a copy of the recorded instrument conveying the
13agricultural conservation easement, certified by the register of deeds under s. 59.43
14(1) (i).
AB75,1148,18 15(9) Payment. The department shall reimburse a cooperating entity for the
16department's agreed upon portion of the purchase cost and transaction costs related
17to the purchase of an agricultural conservation easement after the cooperating entity
18does all of the following:
AB75,1148,1919 (a) Complies with sub. (8).
AB75,1148,2320 (b) Submits documentation showing that any material title defects have been
21eliminated and any materially conflicting property interests have been eliminated
22or subordinated to the agricultural conservation easement, as required by the
23contract under sub. (6m).
AB75,1148,2524 (c) Submits proof of the amount of the purchase cost and transaction costs that
25the cooperating entity has paid, consistent with the contract under sub. (6m).
AB75,1149,3
1(10) Transfer or relinquishment of holder's interest. The transfer or
2relinquishment of another holder's interest does not affect the department's interest
3in an agricultural conservation easement.
AB75,1149,6 4(11) Enforcement of easement. The department or any other holder of an
5agricultural conservation easement purchased under this section may enforce and
6defend the agricultural conservation easement.
AB75,1149,8 7(12) Record of easements. The department shall maintain a record of all
8agricultural conservation easements purchased under this section.
AB75,1149,10 9(13) Council. The department shall appoint a council under s. 15.04 (1) (c) to
10advise the department on the administration of this section.
AB75, s. 1978 11Section 1978. 94.38 (3) of the statutes is repealed.
AB75, s. 1979 12Section 1979. 94.38 (4) of the statutes is repealed.
AB75, s. 1980 13Section 1980. 94.38 (4m) of the statutes is repealed.
AB75, s. 1981 14Section 1981. 94.38 (5) of the statutes is repealed.
AB75, s. 1982 15Section 1982. 94.38 (6) of the statutes is repealed.
AB75, s. 1983 16Section 1983. 94.38 (8) of the statutes is amended to read:
AB75,1149,2117 94.38 (8) "Labeler" means any person who as grower, processor, jobber,
18distributor or seller labels seed or accepts responsibility for labeling information
19pertaining to any container or lot of agricultural seed or vegetable seed and whose
20name and address is are required by the department by rule to appear on the label
21under s. 94.39.
AB75, s. 1984 22Section 1984. 94.38 (9) of the statutes is repealed.
AB75, s. 1985 23Section 1985. 94.38 (12) of the statutes is repealed.
AB75, s. 1986 24Section 1986. 94.38 (13) of the statutes is repealed.
AB75, s. 1987 25Section 1987. 94.38 (15) of the statutes is repealed.
AB75, s. 1988
1Section 1988. 94.38 (19) of the statutes is repealed.
AB75, s. 1989 2Section 1989. 94.38 (20) of the statutes is repealed.
AB75, s. 1990 3Section 1990. 94.38 (21) of the statutes is repealed.
AB75, s. 1991 4Section 1991. 94.38 (22) of the statutes is repealed.
AB75, s. 1992 5Section 1992. 94.38 (23) of the statutes is repealed.
AB75, s. 1993 6Section 1993. 94.38 (24) of the statutes is repealed.
AB75, s. 1994 7Section 1994. 94.385 of the statutes is amended to read:
AB75,1150,13 894.385 Seed label locations requirements. (1) Each No person may sell,
9distribute, or offer or expose for sale in this state a
container of agricultural seed or
10vegetable seed which is sold, distributed or offered or exposed for sale within this
11state
for seeding or sprouting purposes shall bear or have unless the container bears
12or has
attached to it in a conspicuous place a label containing the information
13specified in s. 94.39 required by the department by rule.
AB75,1150,18 14(2) Except as provided under s. 94.43 (2), each no person may sell in this state
15a
bulk lot of agricultural or vegetable seed sold within this state for seeding or
16sprouting purposes shall include unless the person includes with the invoice or
17shipping document furnished the purchaser at time of delivery a label containing the
18information specified in s. 94.39 required by the department by rule.
AB75, s. 1995 19Section 1995. 94.39 of the statutes is repealed.
AB75, s. 1996 20Section 1996. 94.40 (1) of the statutes is repealed.
AB75, s. 1997 21Section 1997. 94.40 (2) of the statutes is amended to read:
AB75,1151,222 94.40 (2) The Wisconsin Crop Improvement Association, a nonprofit
23organization incorporated under the laws of this state, in cooperation with the
24University of Wisconsin-Madison College of Agricultural and Life Sciences and the

1department, shall be the seed certifying agency for the certification of agricultural
2seed and vegetable seed in the state.
AB75, s. 1998 3Section 1998. 94.40 (3) of the statutes is amended to read:
AB75,1151,114 94.40 (3) The Wisconsin Crop Improvement Association, in cooperation with
5the University of Wisconsin-Madison College of Agricultural and Life Sciences and
6the department
, shall establish standards and procedures for the certification of
7agricultural seed and vegetable seed, subject to approval of the department.
8Standards and procedures established under this subsection shall comply with rules
9promulgated by the department and
be no less stringent than those prescribed by the
10association of official seed certifying agencies Association of Official Seed Certifying
11Agencies
.
AB75, s. 1999 12Section 1999. 94.40 (4) of the statutes is created to read:
AB75,1151,1713 94.40 (4) The Wisconsin Crop Improvement Association, in cooperation with
14the University of Wisconsin-Madison College of Agricultural and Life Sciences and
15the department, shall be the certifying agency for the certification of weed free
16mulch, hay, and straw, and shall base its certifications on the standards of the North
17American Weed Management Association.
AB75, s. 2000 18Section 2000. 94.41 (1) (a) of the statutes is amended to read:
AB75,1152,919 94.41 (1) (a) Unless the test to determine the percentage of germination
20required under s. 94.39 by the department by rule is completed within a 12-month
21period immediately prior to the date it end of the month in which the seed is sold,
22distributed or offered or exposed for sale, as shown by records, exclusive of the
23calendar month in which the test is completed,
except that seeds seed packaged in
24hermetically sealed containers may be sold, distributed or offered or exposed for sale
25under such any conditions as that the department may prescribe prescribes by rule,

1for a period of 36 months following the end of the month in which the seeds are seed
2is
tested. No seeds seed in hermetically sealed containers shall may be sold,
3distributed or offered or exposed for sale beyond such that 36-month period unless
4it is retested within the preceding 9-month period, exclusive of the calendar month
5in which the retest is completed. Seed, for which the germination test date has
6expired, shall be relabeled by a licensed labeler prior to its being sold, distributed or
7offered or exposed for sale
immediately prior to the end of the month in which it is
8sold, distributed, or offered or exposed for sale and the retested seed is labeled with
9the extended expiration date
.
AB75, s. 2001 10Section 2001. 94.41 (1) (b) of the statutes is amended to read:
AB75,1152,1411 94.41 (1) (b) Not labeled in accordance with s. 94.39 rules promulgated by the
12department
, or containing any labeling statements which modify or deny label
13information required under s. 94.39 rules promulgated by the department, or having
14any other false or misleading labeling.
AB75, s. 2002 15Section 2002. 94.41 (1) (e) of the statutes is repealed.
AB75, s. 2003 16Section 2003. 94.41 (1) (f) of the statutes is repealed.
AB75, s. 2004 17Section 2004. 94.41 (1) (g) of the statutes is repealed.
AB75, s. 2005 18Section 2005. 94.41 (2) (a) of the statutes is amended to read:
AB75,1152,2319 94.41 (2) (a) To detach, alter, deface or destroy any label attached to or
20accompanying seed, or to alter or substitute seed in a manner which would defeat the
21purposes of s. 94.39 the rules of the department relating to the labeling of seed or
22result in the sale or distribution of seed in violation of ss. 94.38 to 94.46 or rules
23thereunder promulgated under those sections.
AB75, s. 2006 24Section 2006. 94.41 (2) (e) of the statutes is amended to read:
AB75,1153,3
194.41 (2) (e) To use the word "trace" as a substitute for any labeling required
2under s. 94.39 rules of the department relating to the composition of seeds or seed
3mixtures.
AB75, s. 2007 4Section 2007. 94.43 (1) of the statutes is amended to read:
AB75,1153,105 94.43 (1) Every person whose name and address are required to appear on the
6label of any seed as the labeler or person responsible for the labeling thereof of the
7seed
under s. 94.39, or the rules of the department relating to the labeling of seed,
8and
every person who opens any bag or container of seed and sells any part of the seed
9contained therein, shall obtain a seed labeler's license from the department before
10selling, distributing or offering or exposing, such the seed for sale in this state.
AB75, s. 2008 11Section 2008. 94.43 (3) (intro.) of the statutes is amended to read:
AB75,1153,1712 94.43 (3) (intro.) Application for a seed labeler's license shall be submitted on
13a form prescribed by the department and shall be accompanied by a fee based on the
14gross sales of seed within the state by the applicant under his or her own label during
15the previous 12 months prior to filing the application. Fees for a labeler's license
16shall be computed on gross sales according to the following schedule , except that the
17department may specify different fees by rule
:
AB75, s. 2009 18Section 2009. 94.43 (3) (b) of the statutes is amended to read:
AB75,1153,2019 94.43 (3) (b) For gross sales that are $10,000 or more but less than $25,000
20$50,000: $50.
AB75, s. 2010 21Section 2010. 94.43 (3) (c) of the statutes is amended to read:
AB75,1153,2322 94.43 (3) (c) For gross sales that are $25,000 $50,000 or more but less than
23$75,000 $100,000: $100.
AB75, s. 2011 24Section 2011. 94.43 (3) (d) of the statutes is amended to read:
AB75,1154,2
194.43 (3) (d) For gross sales that are $75,000 $100,000 or more but less than
2$200,000: $150 $250,000: $300.
AB75, s. 2012 3Section 2012. 94.43 (3) (e) of the statutes is amended to read:
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