AB133-ASA1,998,3
12. The address of each location in this state at which the applicant grows
2evergreen trees for eventual sale as Christmas trees or nursery stock or at which the
3applicant holds Christmas trees or nursery stock for sale.
AB133-ASA1,998,44 3. The license fee required under par. (c).
AB133-ASA1,998,65 4. Other information reasonably required by the department for licensing
6purposes.
AB133-ASA1,998,87 (c) License fee. A Christmas tree grower shall pay the following annual license
8fee, based on annual sales calculated according to par. (d):
AB133-ASA1,998,109 1. If the Christmas tree grower annually sells no more than $5,000 worth of
10Christmas trees and nursery stock, $20.
AB133-ASA1,998,1211 2. If the Christmas tree grower annually sells more than $5,000 but not more
12than $20,000 worth of Christmas trees and nursery stock, $55.
AB133-ASA1,998,1413 3. If the Christmas tree grower annually sells more than $20,000 but not more
14than $100,000 worth of Christmas trees and nursery stock, $90.
AB133-ASA1,998,1615 4. If the Christmas tree grower annually sells more than $100,000 but not more
16than $200,000 worth of Christmas trees and nursery stock, $150.
AB133-ASA1,998,1817 5. If the Christmas tree grower annually sells more than $200,000 but not more
18than $500,000 worth of Christmas trees and nursery stock, $250.
AB133-ASA1,998,2019 6. If the Christmas tree grower annually sells more than $500,000 but not more
20than $2,000,000 worth of Christmas trees and nursery stock, $450.
AB133-ASA1,998,2221 7. If the Christmas tree grower annually sells more than $2,000,000 worth of
22Christmas trees and nursery stock, $900.
AB133-ASA1,999,323 (d) Calculating annual sales. The amount of an applicant's license fee under
24par. (c) for a license year shall be based on the applicant's sales of Christmas trees
25and nursery stock during the applicant's preceding fiscal year, except that if the

1applicant made no sales during the preceding fiscal year the fee shall be based on the
2applicant's good faith prediction of sales during the license year for which the
3applicant is applying.
AB133-ASA1,999,64 (e) Exemption. Paragraph (a) does not apply to a Christmas tree grower whose
5only sales of Christmas trees and nursery stock are retail sales totalling less than
6$250 annually.
AB133-ASA1,999,10 7(3m) Notice of new locations. (a) The holder of a nursery dealer license shall
8notify the department in writing before adding, during a license year, any new
9location at which the license holder will hold nursery stock for sale. The license
10holder shall specify the address of the new location in the notice.
AB133-ASA1,999,1511 (b) The holder of a nursery grower or Christmas tree grower license shall notify
12the department in writing before adding, during the license year, any new location
13at which the license holder will operate a nursery, grow evergreen trees for eventual
14sale as Christmas trees or hold Christmas trees or nursery stock for sale. The license
15holder shall specify the address of the new location in the notice.
AB133-ASA1,999,19 16(4) Nursery growers and dealers; records. (a) Nursery dealers; records of
17nursery stock received.
A nursery dealer shall keep a record of every shipment of
18nursery stock received by the nursery dealer. The nursery dealer shall include all
19of the following in the record:
AB133-ASA1,999,2120 1. A description of the types of nursery stock, and the quantity of nursery stock
21of each type, included in the shipment.
AB133-ASA1,999,2322 2. The name and address of the source from which the nursery dealer received
23the shipment.
AB133-ASA1,999,2524 (b) Nursery growers and dealers; records of shipments to other nursery growers
25and dealers.
Each nursery grower and nursery dealer shall record every shipment

1of nursery stock that the nursery grower or nursery dealer sells or distributes to
2another nursery grower or nursery dealer. The nursery grower or nursery dealer
3shall include all of the following in the record:
AB133-ASA1,1000,54 1. A description of the types of nursery stock, and the quantity of nursery stock
5of each type, included in the shipment.
AB133-ASA1,1000,76 2. The name and address of the nursery grower or nursery dealer receiving the
7shipment.
AB133-ASA1,1000,118 (c) Records retained and made available. A nursery grower or nursery dealer
9who is required to keep records under par. (a) or (b) shall retain those records for at
10least 3 years and shall make those records available to the department for inspection
11and copying upon request.
AB133-ASA1,1000,16 12(5) Labeling nursery stock. (a) Nursery stock shipped to grower or dealer. No
13person may sell or distribute any shipment of nursery stock to a nursery grower or
14nursery dealer, and no nursery grower or nursery dealer may accept a shipment of
15nursery stock, unless the nursery stock was grown by a Christmas tree grower or
16unless that shipment is labeled with all of the following:
AB133-ASA1,1000,1817 1. The name and address of the person selling or distributing the shipment to
18the nursery grower or nursery dealer.
AB133-ASA1,1000,2019 2. A certification, by the person under subd. 1., that all of the nursery stock
20included in the shipment is from officially inspected sources.
AB133-ASA1,1000,2421 (b) Growers and dealers to report unlabeled shipments. Whenever any person
22tenders to a nursery grower or nursery dealer any shipment of nursery stock that is
23not fully labeled according to par. (a), the nursery grower or nursery dealer shall
24promptly report that unlabeled shipment to the department.
AB133-ASA1,1001,3
1(c) Nursery stock sold at retail. A person selling nursery stock at retail shall
2ensure that the nursery stock is labeled with the common or botanical name of the
3nursery stock.
AB133-ASA1,1001,7 4(6) Care of nursery stock. (a) Adequate facilities. A nursery grower or
5nursery dealer shall maintain facilities that are reasonably adequate for the care and
6keeping of nursery stock held for sale, so that the nursery grower or nursery dealer
7can keep the nursery stock in healthy condition pending sale.
AB133-ASA1,1001,118 (b) Reasonable examinations. Nursery growers and nursery dealers shall make
9reasonable examinations of nursery stock held for sale to determine whether that
10nursery stock is capable of reasonable growth, is infested with injurious pests or is
11infected with disease.
AB133-ASA1,1001,13 12(7) Prohibitions. (a) Nursery dealers. No nursery dealer may do any of the
13following:
AB133-ASA1,1001,1514 1. Obtain, hold, sell, offer to sell or distribute nursery stock from any source
15other than an officially inspected source.
AB133-ASA1,1001,1616 2. Misrepresent that the nursery dealer is a nursery grower.
AB133-ASA1,1001,1817 (b) Nursery growers and dealers. No nursery grower or nursery dealer may do
18any of the following:
AB133-ASA1,1001,2219 1. Sell, offer to sell or distribute any nursery stock that the nursery grower or
20nursery dealer knows, or has reason to know, is infested with plant pests or infected
21with plant diseases that may be spread by the sale or distribution of that nursery
22stock.
AB133-ASA1,1001,2423 2. Sell, offer to sell or distribute any nursery stock that the nursery grower or
24nursery dealer knows, or has reason to know, will not survive or grow.
AB133-ASA1,1002,3
13. Misrepresent the name, origin, grade, variety, quality or hardiness of any
2nursery stock offered for sale or make any other false or misleading representation
3in the advertising or sale of nursery stock.
AB133-ASA1,1002,64 4. Conceal nursery stock to avoid inspection by the department, falsify any
5record required under this section or make any false or misleading statement to the
6department.
AB133-ASA1,1002,11 7(8) Department inspection. The department may inspect nurseries and
8premises at which nursery stock is held for sale or distribution. The department may
9inspect premises at which Christmas tree growers grow nursery stock, premises at
10which evergreen trees are grown for eventual sale as Christmas trees and premises
11at which Christmas trees are held for sale or distribution.
AB133-ASA1,1002,14 12(9) Department orders. (a) Holding orders and remedial orders. An
13authorized employe or agent of the department may, by written notice, order a
14nursery grower or nursery dealer to do any of the following:
AB133-ASA1,1002,1515 1. Temporarily hold nursery stock pending inspection by the department.
AB133-ASA1,1002,1616 2. Remedy violations of this section.
AB133-ASA1,1002,1817 3. Refrain from importing weeds or pests that threaten agricultural production
18or the environment in this state.
AB133-ASA1,1002,2119 4. Permanently withhold nursery stock from sale or distribution, if the sale or
20distribution would violate this section or an order issued under this section and the
21violation cannot be adequately remedied in another manner.
AB133-ASA1,1002,2422 5. Destroy or return, without compensation from the department, nursery
23stock that is sold or distributed in violation of this section, or an order issued under
24this section, if the violation cannot be adequately remedied in another manner.
AB133-ASA1,1003,7
1(b) Hearing. If the recipient of an order under par. (a) requests a hearing on
2that order, the department shall hold an informal hearing within 10 days unless the
3recipient of the order consents to a later date for an informal hearing. The request
4for a hearing is not a request under s. 227.42 (1). If a contested matter is not resolved
5at the informal hearing, the recipient of the order is entitled to a class 2 contested
6case hearing under ch. 227. The department is not required to stay an order under
7par. (a) pending the outcome of any hearing under this paragraph.
AB133-ASA1,1003,10 8(10) Reciprocal agreements with other states. (a) General. The department
9may enter into reciprocal agreements with other states to facilitate interstate
10shipments of nursery stock.
AB133-ASA1,1003,1311 (b) Officially inspected sources. As part of an agreement under par. (a), the
12department may recognize sources of nursery stock in another state as officially
13inspected sources.
AB133-ASA1,1003,1514 (c) Inspection and certification standards. An agreement under par. (a) may
15specify standards and procedures for all of the following:
AB133-ASA1,1003,1616 1. Inspecting officially inspected sources of nursery stock.
AB133-ASA1,1003,1717 2. Inspecting and certifying interstate shipments of nursery stock.
AB133-ASA1, s. 1935 18Section 1935. 94.50 (2) of the statutes is amended to read:
AB133-ASA1,1004,219 94.50 (2) Growers and dealers; registration. No person may act as a grower
20or a dealer unless he or she is registered with the department. Any person who acts
21as a dealer and a grower shall register as both. Registrations shall be made annually
22on a form provided by the department. Registrations expire on December 31 of each
23year. A dealer shall pay to the department an annual registration fee of $25. The
24department shall assign a registration number to each person registered under this

1subsection. All moneys collected under this subsection shall be credited to the
2appropriation account under s. 20.115 (7) (ga).
AB133-ASA1, s. 1936 3Section 1936. 94.50 (3) (b) of the statutes is amended to read:
AB133-ASA1,1004,124 94.50 (3) (b) The department shall upon request provide each registered grower
5and dealer with shipment certificates and report forms required under par. (a). The
6department shall stamp each shipment certificate and report form with the
7registration number of the grower or dealer. A shipment certificate and report form
8is valid only if used during the registration period for which the stamp registration
9number of the grower or dealer was issued. The department may charge a reasonable
10fee to recover the costs related to providing shipment certificates and report forms.
11All moneys collected under this paragraph shall be credited to the appropriation
12account under s. 20.115 (7) (ga).
AB133-ASA1, s. 1937 13Section 1937. 94.64 (4) (a) 1. of the statutes is amended to read:
AB133-ASA1,1004,1714 94.64 (4) (a) 1. A basic fee of 25 23 cents per ton for fertilizer sold or distributed
15from July 1, 1997, to June 30, 1999 beginning on the effective date of this subdivision
16.... [revisor inserts date], and ending on June 30, 2001
, and 32 30 cents per ton for
17fertilizer sold or distributed after June 30, 1999 2001, with a minimum fee of $25.
AB133-ASA1, s. 1938 18Section 1938. 94.64 (4) (a) 6. of the statutes is created to read:
AB133-ASA1,1004,2119 94.64 (4) (a) 6. Beginning on the effective date of this subdivision .... [revisor
20inserts date], a weights and measures inspection fee of 2 cents per ton, with a
21minimum fee of $1.
AB133-ASA1, s. 1939 22Section 1939. 94.64 (4) (c) 6. of the statutes is created to read:
AB133-ASA1,1004,2423 94.64 (4) (c) 6. The department shall credit the fee under par. (a) 6. to the
24appropriation account under s. 20.115 (1) (j).
AB133-ASA1, s. 1940 25Section 1940. 94.681 (2) (a) 1. to 3. of the statutes are amended to read:
AB133-ASA1,1005,4
194.681 (2) (a) 1. If the applicant sold less than $25,000 of the product during
2the preceding year for use in this state, $265, except that the fee is $215 for the license
3years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and
4January 1, 2002
.
AB133-ASA1,1005,85 2. If the applicant sold at least $25,000 but less than $75,000 of the product
6during the preceding year for use in this state, $750, except that the fee is $650 for
7the license years that begin on January 1, 1999, and on January 1, 2000, January
81, 2001, and January 1, 2002
.
AB133-ASA1,1005,129 3. If the applicant sold at least $75,000 of the product during the preceding year
10for use in this state, $1,500, except that the fee is $1,200 for the license years that
11begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1,
122002
.
AB133-ASA1, s. 1941 13Section 1941. 94.681 (2) (b) 1. to 3. of the statutes are amended to read:
AB133-ASA1,1005,1714 94.681 (2) (b) 1. If the applicant sold less than $25,000 of the product during
15the preceding year for use in this state, $315, except that the fee is $265 for the license
16years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and
17January 1, 2002
.
AB133-ASA1,1005,2118 2. If the applicant sold at least $25,000 but less than $75,000 of the product
19during the preceding year for use in this state, $860, except that the fee is $760 for
20the license years that begin on January 1, 1999, and on January 1, 2000, January
211, 2001, and January 1, 2002
.
AB133-ASA1,1005,2522 3. If the applicant sold at least $75,000 of that product during the preceding
23year for use in this state, $3,060, except that the fee is $2,760 for the license years
24that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and
25January 1, 2002
.
AB133-ASA1, s. 1942
1Section 1942. 94.681 (2) (c) 1. to 3. of the statutes are amended to read:
AB133-ASA1,1006,52 94.681 (2) (c) 1. If the applicant sold less than $25,000 of that product during
3the preceding year for use in this state, $320, except that the fee is $270 for the license
4years that begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and
5January 1, 2002
.
AB133-ASA1,1006,96 2. If the applicant sold at least $25,000 but less than $75,000 of the product
7during the preceding year for use in this state, $890, except that the fee is $790 for
8the license years that begin on January 1, 1999, and on January 1, 2000, January
91, 2001, and January 1, 2002
.
AB133-ASA1,1006,1510 3. If the applicant sold at least $75,000 of the product during the preceding year
11for use in this state, $3,060 plus 0.2% of the gross revenues from sales of the product
12during the preceding year for use in this state, except that for the license years that
13begin on January 1, 1999, and on January 1, 2000, January 1, 2001, and January 1,
142002,
the fee shall be $2,760 plus 0.2% of the gross revenues from sales of the product
15during the preceding year for use in this state.
AB133-ASA1, s. 1942m 16Section 1942m. 94.695 of the statutes is created to read:
AB133-ASA1,1006,18 1794.695 Pesticide sales and use reporting system. (1) Definitions. In this
18section:
AB133-ASA1,1006,1919 (a) "Household pesticide" has the meaning given in s. 94.681 (1) (a).
AB133-ASA1,1006,2020 (b) "Industrial pesticide" has the meaning given in s. 94.681 (1) (b).
AB133-ASA1,1006,2121 (c) "Municipality" means a city, village or town.
AB133-ASA1,1006,2222 (d) "Nonhousehold pesticide" has the meaning given in s. 94.681 (1) (c).
AB133-ASA1,1006,24 23(2) Responsibilities of the department. The department shall do all of the
24following:
AB133-ASA1,1007,5
1(a) Develop and, beginning no later than January 1, 2003, administer a
2pesticide sales and use reporting system that provides a systematic method for
3collecting, retaining, analyzing and disseminating data related to pesticide sales and
4use in this state and that is integrated with statewide geographic information
5systems.
AB133-ASA1,1007,86 (b) Develop and, beginning no later than the first day of the 13th month
7beginning after the effective date of this paragraph .... [revisor inserts date],
8administer a pilot program to test the pesticide sales and use reporting system.
AB133-ASA1,1007,119 (c) Beginning no later than January 1, 2002, provide training and technical
10assistance to persons required to report under the system in par. (a) and to persons
11who wish to use the data collected under the system.
AB133-ASA1,1007,1512 (d) No later than March 1 annually, beginning in 2004, submit to the legislature
13under s. 13.172 (2) a report on the system in par. (a), including a summary and
14analysis of the types and quantity of pesticides sold and applied during the previous
15calendar year and the areas to which those pesticides were applied.
AB133-ASA1,1007,17 16(3) Consultation. The department shall consult and coordinate with all of the
17following in discharging its responsibilities under sub. (2):
AB133-ASA1,1007,1918 (a) The College of Agricultural and Life Sciences of the University of
19Wisconsin-Madison.
AB133-ASA1,1007,2120 (b) Employes of the University of Wisconsin System who are knowledgeable in
21the area of environmental toxicology.
AB133-ASA1,1007,2322 (c) The subunit of the department of natural resources that provides
23information technology support.
AB133-ASA1,1007,2524 (d) The subunit of the department of health and family services that
25administers health laws.
AB133-ASA1,1008,1
1(e) The division of technology services in the department of administration.
Loading...
Loading...