Amendment ASA1-AB133

AB133-ASA1,1000,18 1. The name and address of the person selling or distributing the shipment to the nursery grower or nursery dealer.

AB133-ASA1,1000,20 2. A certification, by the person under subd. 1., that all of the nursery stock included in the shipment is from officially inspected sources.

AB133-ASA1,1000,24 (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.

AB133-ASA1,1001,3 (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.

AB133-ASA1,1001,7 (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.

AB133-ASA1,1001,11 (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.

AB133-ASA1,1001,13 (7) Prohibitions. (a) Nursery dealers. No nursery dealer may do any of the following:

AB133-ASA1,1001,15 1. Obtain, hold, sell, offer to sell or distribute nursery stock from any source other than an officially inspected source.

AB133-ASA1,1001,16 2. Misrepresent that the nursery dealer is a nursery grower.

AB133-ASA1,1001,18 (b) Nursery growers and dealers. No nursery grower or nursery dealer may do any of the following:

AB133-ASA1,1001,22 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.

AB133-ASA1,1001,24 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.

AB133-ASA1,1002,3 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.

AB133-ASA1,1002,6 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.

AB133-ASA1,1002,11 (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 Christmas tree growers grow nursery stock, 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.

AB133-ASA1,1002,14 (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:

AB133-ASA1,1002,15 1. Temporarily hold nursery stock pending inspection by the department.

AB133-ASA1,1002,16 2. Remedy violations of this section.

AB133-ASA1,1002,18 3. Refrain from importing weeds or pests that threaten agricultural production or the environment in this state.

AB133-ASA1,1002,21 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.

AB133-ASA1,1002,24 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.

AB133-ASA1,1003,7 (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.

AB133-ASA1,1003,10 (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.

AB133-ASA1,1003,13 (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.

AB133-ASA1,1003,15 (c) Inspection and certification standards. An agreement under par. (a) may specify standards and procedures for all of the following:

AB133-ASA1,1003,16 1. Inspecting officially inspected sources of nursery stock.

AB133-ASA1,1003,17 2. Inspecting and certifying interstate shipments of nursery stock.

AB133-ASA1, s. 1935 Section 1935. 94.50 (2) of the statutes is amended to read:

AB133-ASA1,1004,2 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).

AB133-ASA1, s. 1936 Section 1936. 94.50 (3) (b) of the statutes is amended to read:

AB133-ASA1,1004,12 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).

AB133-ASA1, s. 1937 Section 1937. 94.64 (4) (a) 1. of the statutes is amended to read:

AB133-ASA1,1004,17 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.

AB133-ASA1, s. 1938 Section 1938. 94.64 (4) (a) 6. of the statutes is created to read:

AB133-ASA1,1004,21 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.

AB133-ASA1, s. 1939 Section 1939. 94.64 (4) (c) 6. of the statutes is created to read:

AB133-ASA1,1004,24 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).

AB133-ASA1, s. 1940 Section 1940. 94.681 (2) (a) 1. to 3. of the statutes are amended to read:

AB133-ASA1,1005,4 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.

AB133-ASA1,1005,8 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.

AB133-ASA1,1005,12 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.

AB133-ASA1, s. 1941 Section 1941. 94.681 (2) (b) 1. to 3. of the statutes are amended to read:

AB133-ASA1,1005,17 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.

AB133-ASA1,1005,21 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.

AB133-ASA1,1005,25 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.

AB133-ASA1, s. 1942 Section 1942. 94.681 (2) (c) 1. to 3. of the statutes are amended to read:

AB133-ASA1,1006,5 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.

AB133-ASA1,1006,9 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.

AB133-ASA1,1006,15 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.

AB133-ASA1, s. 1942m Section 1942m. 94.695 of the statutes is created to read:

AB133-ASA1,1006,18 94.695 Pesticide sales and use reporting system. (1) Definitions. In this section:

AB133-ASA1,1006,19 (a) "Household pesticide" has the meaning given in s. 94.681 (1) (a).

AB133-ASA1,1006,20 (b) "Industrial pesticide" has the meaning given in s. 94.681 (1) (b).

AB133-ASA1,1006,21 (c) "Municipality" means a city, village or town.

AB133-ASA1,1006,22 (d) "Nonhousehold pesticide" has the meaning given in s. 94.681 (1) (c).

AB133-ASA1,1006,24 (2) Responsibilities of the department. The department shall do all of the following:

AB133-ASA1,1007,5 (a) Develop and, beginning no later than January 1, 2003, administer a pesticide sales and use reporting system that provides a systematic method for collecting, retaining, analyzing and disseminating data related to pesticide sales and use in this state and that is integrated with statewide geographic information systems.

AB133-ASA1,1007,8 (b) Develop and, beginning no later than the first day of the 13th month beginning after the effective date of this paragraph .... [revisor inserts date], administer a pilot program to test the pesticide sales and use reporting system.

AB133-ASA1,1007,11 (c) Beginning no later than January 1, 2002, provide training and technical assistance to persons required to report under the system in par. (a) and to persons who wish to use the data collected under the system.

AB133-ASA1,1007,15 (d) No later than March 1 annually, beginning in 2004, submit to the legislature under s. 13.172 (2) a report on the system in par. (a), including a summary and analysis of the types and quantity of pesticides sold and applied during the previous calendar year and the areas to which those pesticides were applied.

AB133-ASA1,1007,17 (3) Consultation. The department shall consult and coordinate with all of the following in discharging its responsibilities under sub. (2):

AB133-ASA1,1007,19 (a) The College of Agricultural and Life Sciences of the University of Wisconsin-Madison.

AB133-ASA1,1007,21 (b) Employes of the University of Wisconsin System who are knowledgeable in the area of environmental toxicology.

AB133-ASA1,1007,23 (c) The subunit of the department of natural resources that provides information technology support.

AB133-ASA1,1007,25 (d) The subunit of the department of health and family services that administers health laws.

AB133-ASA1,1008,1 (e) The division of technology services in the department of administration.

AB133-ASA1,1008,2 (f) The state cartographer.

AB133-ASA1,1008,3 (g) The geological and natural history survey.

AB133-ASA1,1008,6 (h) Representatives of the pest management industry, of agricultural, environmental, medical and public health institutions and advocacy groups, of school districts and of local governments.

AB133-ASA1,1008,7 (i) Other interested persons.

AB133-ASA1,1008,11 (4) Rule making. The department shall promulgate rules for the pesticide sales and use reporting system in sub. (2) (a), including rules to ensure the consistent submission and dissemination of accurate pesticide sales and use data. The department shall provide for all of the following in the rules:

AB133-ASA1,1008,12 (a) Technical assistance for persons submitting pesticide sales and use data.

AB133-ASA1,1008,13 (b) Deadlines for submitting pesticide sales and use data.

AB133-ASA1,1008,15 (c) Methods for reviewing and analyzing the accuracy of the reported pesticide sales and use data.

AB133-ASA1,1008,18 (d) Mechanisms by which the department will make the reported pesticide sales and use data available to the public, including through the Internet and computer media.

AB133-ASA1,1008,22 (5) Reporting of sales of nonhousehold and industrial pesticides. Under the pesticide sales and use reporting system in sub. (2) (a), the department shall require manufacturers, distributors and dealers of industrial pesticides and nonhousehold pesticides to report all of the following information:

AB133-ASA1,1008,24 (a) The date of sale, brand name and amount of each industrial pesticide and nonhousehold pesticide sold to each purchaser in this state.

AB133-ASA1,1008,25 (b) The name, address and 9-digit zip code of each purchaser under par. (a).

AB133-ASA1,1009,2 (c) The number of any license or certification under ss. 94.67 to 94.71 held by each purchaser under par. (a).

AB133-ASA1,1009,6 (6) Reporting of certain pesticide applications. Under the pesticide sales and use reporting system in sub. (2) (a), the department shall require commercial applicators and private applicators to report all of the following for each application of an industrial pesticide or nonhousehold pesticide:

AB133-ASA1,1009,10 (a) The type of pesticide applied and its brand name, the name of the pesticide as registered under the federal act, the pesticide registration number assigned to the pesticide under the federal act, the manufacturer of the pesticide and the pesticide's active ingredients.

AB133-ASA1,1009,12 (b) The name and any certification number, under s. 94.705, of the person applying the pesticide.

AB133-ASA1,1009,13 (c) The date and time of the application and the amount of pesticide applied.

AB133-ASA1,1009,15 (d) How the pesticide was applied, including any additives used and the type of application device used.

AB133-ASA1,1009,16 (e) The rate of application of the pesticide.

AB133-ASA1,1009,20 (f) The street address, including 9-digit zip code, and the county of the place at which the pesticide was applied, the location of the application by section, township, range and meridian and an identification of any bodies of water or municipalities adjacent to that location.

AB133-ASA1,1009,21 (g) The size of the area to which the pesticide was applied.

AB133-ASA1,1009,23 (h) The type of site to which the pesticide was applied and the purpose of the application.

AB133-ASA1,1009,25 (i) A description of the crop, commodity, plant, animal, structure, equipment or material to which the pesticide was applied.