(c) Records retained and made available. A nursery grower or nursery dealer 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 to the department for inspection and copying upon request.
(5) Labeling nursery stock. (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:
1. The name and address of the person selling or distributing the shipment to the nursery grower or nursery dealer.
2. A certification, by the person under subd. 1., that all of the nursery stock included in the shipment is from officially inspected sources.
(b) Growers and dealers to report unlabeled shipments. Whenever any person tenders to a nursery grower or nursery dealer any shipment of nursery stock that is not fully labeled according to par. (a), the nursery grower or nursery dealer shall promptly report that unlabeled shipment to the department.
(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.
(6) Care of nursery stock. (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.
(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.
(7) Prohibitions. (a) Nursery dealers. No nursery dealer may do any of the following:
1. Obtain, hold, sell, offer to sell or distribute nursery stock from any source other than an officially inspected source.
2. Misrepresent that the nursery dealer is a nursery grower.
(b) Nursery growers and dealers. No nursery grower or nursery dealer may do any of the following:
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.
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.
3. Misrepresent the name, origin, grade, variety, quality or hardiness of any nursery stock offered for sale or make any other false or misleading representation in the advertising or sale of nursery stock.
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.
(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.
(9) Department orders. (a) Holding orders and remedial orders. An authorized employe or agent of the department may, by written notice, order a nursery grower or nursery dealer to do any of the following:
1. Temporarily hold nursery stock pending inspection by the department.
2. Remedy violations of this section.
3. Refrain from importing weeds or pests that threaten agricultural production or the environment in this state.
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.
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.
(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.
(10) Reciprocal agreements with other states. (a) General. The department may enter into reciprocal agreements with other states to facilitate interstate shipments of nursery stock.
(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.
(c) Inspection and certification standards. An agreement under par. (a) may specify standards and procedures for all of the following:
1. Inspecting officially inspected sources of nursery stock.
2. Inspecting and certifying interstate shipments of nursery stock.
9,1935 Section 1935. 94.50 (2) of the statutes is amended to read:
94.50 (2) Growers and dealers; registration. No person may act as a grower or a dealer unless he or she is registered with the department. Any person who acts as a dealer and a grower shall register as both. Registrations shall be made annually on a form provided by the department. Registrations expire on December 31 of each year. A dealer shall pay to the department an annual registration fee of $25. The department shall assign a registration number to each person registered under this subsection. All moneys collected under this subsection shall be credited to the appropriation account under s. 20.115 (7) (ga).
9,1936 Section 1936. 94.50 (3) (b) of the statutes is amended to read:
94.50 (3) (b) The department shall upon request provide each registered grower and dealer with shipment certificates and report forms required under par. (a). The department shall stamp each shipment certificate and report form with the registration number of the grower or dealer. A shipment certificate and report form is valid only if used during the registration period for which the stamp registration number of the grower or dealer was issued. The department may charge a reasonable fee to recover the costs related to providing shipment certificates and report forms. All moneys collected under this paragraph shall be credited to the appropriation account under s. 20.115 (7) (ga).
9,1937 Section 1937. 94.64 (4) (a) 1. of the statutes is amended to read:
94.64 (4) (a) 1. A basic fee of 25 23 cents per ton for fertilizer sold or distributed from July 1, 1997, to June 30, 1999 beginning on the effective date of this subdivision .... [revisor inserts date], and ending on June 30, 2001, and 32 30 cents per ton for fertilizer sold or distributed after June 30, 1999 2001, with a minimum fee of $25.
9,1938 Section 1938. 94.64 (4) (a) 6. of the statutes is created to read:
94.64 (4) (a) 6. Beginning on the effective date of this subdivision .... [revisor inserts date], a weights and measures inspection fee of 2 cents per ton, with a minimum fee of $1.
9,1939 Section 1939. 94.64 (4) (c) 6. of the statutes is created to read:
94.64 (4) (c) 6. The department shall credit the fee under par. (a) 6. to the appropriation account under s. 20.115 (1) (j).
9,1940 Section 1940. 94.681 (2) (a) 1. to 3. of the statutes are amended to read:
94.681 (2) (a) 1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $265, except that the fee is $215 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.
2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $750, except that the fee is $650 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.
3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $1,500, except that the fee is $1,200 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.
9,1941 Section 1941. 94.681 (2) (b) 1. to 3. of the statutes are amended to read:
94.681 (2) (b) 1. If the applicant sold less than $25,000 of the product during the preceding year for use in this state, $315, except that the fee is $265 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.
2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $860, except that the fee is $760 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.
3. If the applicant sold at least $75,000 of that product during the preceding year for use in this state, $3,060, except that the fee is $2,760 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.
9,1942 Section 1942. 94.681 (2) (c) 1. to 3. of the statutes are amended to read:
94.681 (2) (c) 1. If the applicant sold less than $25,000 of that product during the preceding year for use in this state, $320, except that the fee is $270 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.
2. If the applicant sold at least $25,000 but less than $75,000 of the product during the preceding year for use in this state, $890, except that the fee is $790 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.
3. If the applicant sold at least $75,000 of the product during the preceding year for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the product during the preceding year for use in this state, except that for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002, the fee shall be $2,760 plus 0.2% of the gross revenues from sales of the product during the preceding year for use in this state.
9,1942mc Section 1942mc. 94.695 of the statutes is created to read:
94.695 Pesticide sales and use reporting system. (1) Proposal. The department shall develop a proposal for a pesticide sales and use reporting system and shall , no later than July 1, 2000, submit the proposal to the joint committee on finance for review.
(2) Funding. If the joint committee on finance approves the proposal under sub. (1), it may, from the appropriation under s. 20.865 (4) (u), supplement the appropriation under s. 20.115 (7) (uc) in an amount not to exceed $250,000 and the appropriation under s. 20.115 (7) (ue) in an amount not to exceed $150,000. Notwithstanding s. 13.101 (3) (a), the committee is not required to find that an emergency exists.
(3) Pilot project. If the joint committee on finance approves the proposal under sub. (1), the department shall administer a pilot program to test the pesticide sales and use reporting system.
9,1943 Section 1943. 94.704 (3) (a) 1. of the statutes is amended to read:
94.704 (3) (a) 1. A license fee of $40, except that the license fee is $30 for the license years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1, 2002.
9,1944 Section 1944. 94.72 (6) (a) 1. and 2. of the statutes are amended to read:
94.72 (6) (a) 1. For commercial feeds distributed in this state during the years that begin on January 1, 1998, and on January 1, 1999, 15, beginning on the effective date of this subdivision .... [revisor inserts date], and ending on December 31, 2001, a feed inspection fee of 13 cents per ton.
2. For commercial feeds distributed in this state on or after January 1, 2000, 25 2002, a feed inspection fee of 23 cents per ton.
9,1945 Section 1945. 94.72 (6) (a) 3. of the statutes is created to read:
94.72 (6) (a) 3. Beginning on the effective date of this subdivision .... [revisor inserts date], for commercial feeds distributed in this state a weights and measures inspection fee of 2 cents per ton.
9,1945e Section 1945e. 94.73 (2) (c) of the statutes is amended to read:
94.73 (2) (c) The department may issue an order under par. (a) on a summary basis without prior notice or a prior hearing if the department determines that a summary order is necessary to prevent imminent harm to public health or safety or to the environment. If the recipient of a summary order requests a hearing on that order, the department shall hold a hearing within 10 days after it receives the request unless the recipient agrees to a later hearing date. The department is not required to stay enforcement of a summary order issued under this paragraph pending the outcome of the hearing. If the responsible person prevails after a hearing, the department shall reimburse the responsible person from the appropriation account under s. 20.115 (7) (e) or (wm) for the corrective action costs incurred as the result of the department's order.
9,1945g Section 1945g. 94.73 (7) (a) of the statutes is amended to read:
94.73 (7) (a) The department may make payments to a responsible person who is eligible for reimbursement under sub. (3) if the department has authorized reimbursement to that person under sub. (6). The department shall make payment from the appropriation accounts account under s. 20.115 (7) (e) and (wm), subject to the availability of funds in those that appropriation accounts account. If there are insufficient funds to pay the full amounts authorized under sub. (6) to all eligible responsible persons, the department shall distribute payments in the order in which applications were received, unless the department specifies, by rule, a different order of payment.
9,1945s Section 1945s. 95.197 of the statutes is created to read:
95.197 Financial assistance for paratuberculosis testing. (1) The department shall provide financial assistance to owners of livestock herds for conducting testing for paratuberculosis. The department may only provide financial assistance under this section for the first time that the owner of a livestock herd tests the herd.
(2) The department shall promulgate rules for providing financial assistance under sub. (1).
9,1946 Section 1946. 95.21 (9) (c) of the statutes is created to read:
95.21 (9) (c) The department may provide training to persons who administer local rabies control programs or who conduct rabies examinations under those programs. The department may charge fees to cover the cost of training. The fees collected under this paragraph shall be credited to the appropriation under s. 20.115 (2) (j).
9,1946m Section 1946m. 97.30 (1) (bm) of the statutes is repealed and recreated to read:
97.30 (1) (bm) Except as provided by the department by rule, "potentially hazardous food" means a food that requires temperature control because it is in a form capable of supporting any of the following:
1. Rapid and progressive growth of infectious or toxigenic microorganisms.
2. Growth and toxin production of Clostridium botulinum.
3. In raw shell eggs, growth of Salmonella enteritidis.
9,1946n Section 1946n. 97.42 (4) (intro.) of the statutes is amended to read:
97.42 (4) Rules. (intro.) The department shall may issue reasonable rules requiring or prescribing any of the following:
9,1946p Section 1946p. 97.42 (4m) of the statutes is created to read:
97.42 (4m) Federal requirements. Except as provided in rules promulgated under sub. (4), the operator of an establishment that is required to be licensed under this section shall comply with 9 CFR parts 307 to 311, 313 to 315, 317 to 319, 416 and 417 and part 381 subparts G, H, I, J, K, L, O and P as they apply to federally licensed establishments.
9,1950m Section 1950m. 98.01 (3) of the statutes is amended to read:
98.01 (3) "Municipality" means a city or, village or town.
9,1951 Section 1951. 98.04 (1) of the statutes is amended to read:
98.04 (1) Each Except as provided in sub. (2), a municipality having a population of more than 5,000, according to the latest federal census most recent population estimate made by the department of administration under s. 16.96, shall enforce the provisions of this chapter within its jurisdiction. For this purpose it, a municipality shall establish a municipal department of weights and measures. Each municipal department of weights and measures shall have such number of qualified sealers or inspectors as will ensure compliance with this chapter. Municipal sealers or inspectors shall have the same authority as sealers or inspectors of the department of agriculture, trade and consumer protection. The selection of municipal sealers or inspectors shall be from a list of applicants whose qualifications have been certified by the state or local civil service agency under the rules of the agency. Such The municipality shall procure and keep at all times a complete set of standards of weight and measure conforming to the state standards, and such standards shall be submitted and shall submit the standards for certification at regular intervals as required by the department. It of agriculture, trade and consumer protection. The municipality shall keep a complete record of its work and annually shall file a report thereof with the department of agriculture, trade and consumer protection. Municipalities The municipality may enact ordinances regulating that regulate weights and measures and that are not in conflict with this chapter or the rules of the department and of agriculture, trade and consumer protection. The municipality may assess fees which that do not exceed the actual cost of the municipal its weights and measures program.
9,1952 Section 1952. 98.04 (2) of the statutes is repealed and recreated to read:
98.04 (2) A municipality that is required to establish a department of weights and measures under sub. (1) may contract with the department of agriculture, trade, and consumer protection to enforce the provisions of this chapter within the municipality's jurisdiction instead of establishing its own department if the department of agriculture, trade and consumer protection agrees to enter into such a contract. The department of agriculture, trade and consumer protection may charge the municipality fees sufficient to cover the department's costs under the contract. A municipality may recover an amount not to exceed the cost of these fees by assessing fees on the persons who receive services under the weights and measures program.
9,1952m Section 1952m. 98.12 of the statutes is amended to read:
98.12 Standard containers; frozen desserts Sale of ice cream and similar frozen products. Ice cream, ice milk, water ices or other frozen desserts of a similar nature packaged prior to sale may shall be sold by liquid measure only and shall be packaged only in containers with capacities of one-half liquid pint, one liquid pint, one liquid quart, or a multiple of one liquid quart. This section does not apply if such the products are packaged at time of sale at retail or sold in quantities of less than one-half liquid pint.
9,1953 Section 1953. 98.16 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 27, section 2552f, is amended to read:
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