AB75-ASA1,1130,21
20(13) Council. The department shall appoint a council under s. 15.04 (1) (c) to
21advise the department on the administration of this section.
AB75-ASA1,1130,23
22(14) Rules. The department shall promulgate a rule, consistent with sub. (1m)
23(i), relating to allowable transaction costs for the program under this section.
AB75-ASA1,1131,95
94.38
(8) "Labeler" means any person who as grower, processor, jobber,
6distributor or seller labels
seed or accepts responsibility for labeling information
7pertaining to any container or lot of agricultural
seed or vegetable seed and whose
8name and address
is are required
by the department by rule to appear on the label
9under s. 94.39.
AB75-ASA1,1132,2
2194.385 Seed label locations requirements. (1) Each No person may sell,
22distribute, or offer or expose for sale in this state a container of agricultural
seed or
23vegetable seed
which is sold, distributed or offered or exposed for sale within this
24state for seeding or sprouting purposes
shall bear or have unless the container bears
1or has attached to it in a conspicuous place a label containing the information
2specified in s. 94.39 required by the department by rule.
AB75-ASA1,1132,7
3(2) Except as provided under s. 94.43 (2),
each no person may sell in this state
4a bulk lot of agricultural or vegetable seed
sold within this state for seeding or
5sprouting purposes
shall include unless the person includes with the invoice or
6shipping document furnished the purchaser at time of delivery a label containing the
7information
specified in s. 94.39 required by the department by rule.
AB75-ASA1,1132,1511
94.40
(2) The Wisconsin Crop Improvement Association, a nonprofit
12organization incorporated under the laws of this state, in cooperation with the
13University of Wisconsin-Madison College of Agricultural and Life Sciences and the
14department, shall be the
seed certifying agency for the certification of agricultural
15seed and vegetable seed in the state.
AB75-ASA1,1132,2417
94.40
(3) The Wisconsin Crop Improvement Association, in cooperation with
18the University of Wisconsin-Madison College of Agricultural and Life Sciences
and
19the department, shall establish standards and procedures for the certification of
20agricultural seed and vegetable seed, subject to approval of the department.
21Standards and procedures established under this subsection shall
comply with rules
22promulgated by the department and be no less stringent than those prescribed by the
23association of official seed certifying agencies
Association of Official Seed Certifying
24Agencies.
AB75-ASA1,1133,5
194.40
(4) The Wisconsin Crop Improvement Association, in cooperation with
2the University of Wisconsin-Madison College of Agricultural and Life Sciences and
3the department, shall be the certifying agency for the certification of weed free
4mulch, hay, and straw, and shall base its certifications on the standards of the North
5American Weed Management Association.
AB75-ASA1,1133,227
94.41
(1) (a) Unless the test to determine the percentage of germination
8required
under s. 94.39 by the department by rule is completed within a 12-month
9period immediately prior to the
date it end of the month in which the seed is sold,
10distributed or offered or exposed for sale,
as shown by records, exclusive of the
11calendar month in which the test is completed, except that
seeds seed packaged in
12hermetically sealed containers may be sold, distributed or offered or exposed for sale
13under
such any conditions
as that the department
may prescribe prescribes by rule,
14for a period of 36 months following the
end of the month in which the
seeds are seed
15is tested. No
seeds seed in hermetically sealed containers
shall may be sold,
16distributed or offered or exposed for sale beyond
such
that 36-month period unless
17it is retested within the
preceding 9-month period
, exclusive of the calendar month
18in which the retest is completed. Seed, for which the germination test date has
19expired, shall be relabeled by a licensed labeler prior to its being sold, distributed or
20offered or exposed for sale immediately prior to the end of the month in which it is
21sold, distributed, or offered or exposed for sale and the retested seed is labeled with
22the extended expiration date.
AB75-ASA1,1134,224
94.41
(1) (b) Not labeled in accordance with
s. 94.39 rules promulgated by the
25department, or containing any labeling statements which modify or deny label
1information required under
s. 94.39 rules promulgated by the department, or having
2any other false or misleading labeling.
AB75-ASA1,1134,117
94.41
(2) (a) To detach, alter, deface or destroy any label attached to or
8accompanying seed, or to alter or substitute seed in a manner which would defeat the
9purposes of
s. 94.39 the rules of the department relating to the labeling of seed or
10result in the sale or distribution of seed in violation of ss. 94.38 to 94.46 or rules
11thereunder promulgated under those sections.
AB75-ASA1,1134,1513
94.41
(2) (e) To use the word "trace" as a substitute for any labeling required
14under
s. 94.39 rules of the department relating to the composition of seeds or seed
15mixtures.
AB75-ASA1,1134,2217
94.43
(1) Every person whose name and address are required to appear on the
18label of any seed as the labeler or person responsible for the labeling
thereof of the
19seed under
s. 94.39, or the rules of the department relating to the labeling of seed,
20and every person who opens any bag or container of seed and sells any part of the seed
21contained therein, shall obtain a seed labeler's license from the department before
22selling, distributing or offering or exposing,
such
the seed for sale in this state.
AB75-ASA1,1135,424
94.43
(3) (intro.) Application for a seed labeler's license shall be submitted on
25a form prescribed by the department and shall be accompanied by a fee based on the
1gross sales of seed within the state by the applicant under his or her own label during
2the previous 12 months prior to filing the application. Fees for a labeler's license
3shall be computed on gross sales according to the following schedule
, except that the
4department may specify different fees by rule:
AB75-ASA1,1135,76
94.43
(3) (b) For gross sales that are $10,000 or more but less than
$25,000 7$50,000: $50.
AB75-ASA1,1135,109
94.43
(3) (c) For gross sales that are
$25,000 $50,000 or more but less than
10$75,000 $100,000: $100.
AB75-ASA1,1135,1312
94.43
(3) (d) For gross sales that are
$75,000 $100,000 or more but less than
13$200,000: $150 $250,000: $300.
AB75-ASA1,1135,1615
94.43
(3) (e) For gross sales that are
$200,000 $250,000 or more
: $200 but less
16than $500,000: $500.
AB75-ASA1,1135,1918
94.43
(3) (f) For gross sales that are $500,000 or more but less than $1,000,000:
19$750.
AB75-ASA1,1135,2221
94.43
(3) (g) For gross sales that are $1,000,000 or more but less than
22$10,000,000: $1,000.
AB75-ASA1,1135,2524
94.43
(3) (h) For gross sales that are $10,000,000 or more but less than
25$100,000,000: $1,500.
AB75-ASA1,1136,22
94.43
(3) (i) For gross sales that are $100,000,000 or more: $2,500.
AB75-ASA1,1136,12
494.44 Records. Each person whose name is required to appear on the label
5as the labeler of agricultural or vegetable seeds
pursuant to s. 94.39 under rules of
6the department shall maintain complete records of each lot of seed sold or labeled for
7a period of 2 years after final sale or disposition
thereof of the seed, except that a file
8sample of
such the seed need be kept for only one year
. This and except that this 9section
shall not be construed as requiring does not require a record of the sale or
10disposal of each portion of a lot sold at retail in quantities of less than 40 pounds.
11All records and samples pertaining to any lot of seed shall be accessible for inspection
12by the department during customary business hours.
AB75-ASA1, s. 2018
13Section
2018. 94.45 (intro.) and (1) to (5) of the statutes are renumbered 94.45
14(1) (intro.) and (a) to (e).
AB75-ASA1, s. 2019
15Section
2019. 94.45 (6) of the statutes is repealed and recreated to read:
AB75-ASA1,1136,1616
94.45
(6) The department shall promulgate rules that do all of the following:
AB75-ASA1,1136,1817
(a) Prescribe standards for the labeling, distribution, and sale of agricultural
18seed and vegetable seed.
AB75-ASA1,1136,2019
(b) Govern methods of sampling, inspecting, analyzing, testing, and examining
20agricultural seed and vegetable seed.
AB75-ASA1,1136,2221
(c) Prescribe tolerances for purity and rate of germination of agricultural seed
22and vegetable seed.
AB75-ASA1,1136,2423
(d) Prescribe tolerances for the occurrence of noxious weed seeds in agricultural
24seed and vegetable seed.
AB75-ASA1,1136,2525
(e) Identify noxious weeds and prohibited noxious weeds.
AB75-ASA1,1136,26
1(f) Govern the issuance of seed labeler licenses.
AB75-ASA1,1137,22
(g) Govern the administration and enforcement of ss. 94.38 to 94.46.
AB75-ASA1,1137,74
95.55
(2) Application. A person shall register under this section using a form
5provided by the department. The form shall be accompanied by the
fee applicable
6fees specified under sub. (3). Upon registration, the department shall issue the
7person a registration certificate.
AB75-ASA1, s. 2022
8Section
2022. 95.55 (3) (title) of the statutes is repealed and recreated to read:
AB75-ASA1,1137,99
95.55
(3) (title)
Registration fee; reinspection fee.
AB75-ASA1,1137,1512
95.55
(3) (b) 1. If the department reinspects the premises where farm-raised
13deer are kept because the department has found a violation of this chapter or rules
14promulgated under this chapter, the department shall charge the person registered
15under this section the reinspection fee specified under subd. 2.
AB75-ASA1,1137,1916
2. The department shall specify the reinspection fee to be charged under subd.
171. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the
18premises. The department may specify different reinspection fees for different
19premises.
AB75-ASA1,1137,2320
3. A reinspection fee under this paragraph is payable when the reinspection is
21completed, and is due upon written demand from the department. The department
22may issue a demand for payment when it issues a registration renewal application
23form to the person registered to keep farm-raised deer under this section.
AB75-ASA1,1138,3
195.60
(4) (a) The department
shall may inspect a fish farm upon initial
2registration under sub. (3m)
. The department may inspect a fish farm and at any
3other time.
AB75-ASA1,1138,75
95.60
(5) The department shall, by rule, specify the fees for permits,
6certificates, registration and inspections under this section
, including any
7reinspection fees required under sub. (5m).
AB75-ASA1,1138,129
95.60
(5m) (a) If the department reinspects a fish farm because the department
10has found a violation of this chapter or rules promulgated under this chapter, the
11department shall charge the fish farm operator the reinspection fee specified under
12par. (b).
AB75-ASA1,1138,1613
(b) The department shall specify the reinspection fee to be charged under par.
14(a) by rule. The reinspection fee may not exceed the reasonable costs to reinspect the
15fish farm. The department may specify different reinspection fees for different fish
16farms.
