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. 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:
AB75,1154,54
94.43
(3) (e) For gross sales that are
$200,000 $250,000 or more
: $200 but less
5than $500,000: $500.
AB75, s. 2013
6Section
2013. 94.43 (3) (f) of the statutes is created to read:
AB75,1154,87
94.43
(3) (f) For gross sales that are $500,000 or more but less than $1,000,000:
8$750.
AB75, s. 2014
9Section
2014. 94.43 (3) (g) of the statutes is created to read:
AB75,1154,1110
94.43
(3) (g) For gross sales that are $1,000,000 or more but less than
11$10,000,000: $1,000.
AB75, s. 2015
12Section
2015. 94.43 (3) (h) of the statutes is created to read:
AB75,1154,1413
94.43
(3) (h) For gross sales that are $10,000,000 or more but less than
14$100,000,000: $1,500.
AB75, s. 2016
15Section
2016. 94.43 (3) (i) of the statutes is created to read:
AB75,1154,1616
94.43
(3) (i) For gross sales that are $100,000,000 or more: $2,500.
AB75, s. 2017
17Section
2017. 94.44 of the statutes is amended to read:
AB75,1155,2
1894.44 Records. Each person whose name is required to appear on the label
19as the labeler of agricultural or vegetable seeds
pursuant to s. 94.39 under rules of
20the department shall maintain complete records of each lot of seed sold or labeled for
21a period of 2 years after final sale or disposition
thereof of the seed, except that a file
22sample of
such the seed need be kept for only one year
. This and except that this 23section
shall not be construed as requiring does not require a record of the sale or
24disposal of each portion of a lot sold at retail in quantities of less than 40 pounds.
1All records and samples pertaining to any lot of seed shall be accessible for inspection
2by the department during customary business hours.
AB75, s. 2018
3Section
2018. 94.45 (intro.) and (1) to (5) of the statutes are renumbered 94.45
4(1) (intro.) and (a) to (e).