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AB75, s. 1978 11Section 1978. 94.38 (3) of the statutes is repealed.
AB75, s. 1979 12Section 1979. 94.38 (4) of the statutes is repealed.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. 1995 19Section 1995. 94.39 of the statutes is repealed.
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).
AB75, s. 2019 5Section 2019. 94.45 (6) of the statutes is repealed and recreated to read:
AB75,1155,66 94.45 (6) The department shall promulgate rules that do all of the following:
AB75,1155,87 (a) Prescribe standards for the labeling, distribution, and sale of agricultural
8seed and vegetable seed.
AB75,1155,109 (b) Govern methods of sampling, inspecting, analyzing, testing, and examining
10agricultural seed and vegetable seed.
AB75,1155,1211 (c) Prescribe tolerances for purity and rate of germination of agricultural seed
12and vegetable seed.
AB75,1155,1413 (d) Prescribe tolerances for the occurrence of noxious weed seeds in agricultural
14seed and vegetable seed.
AB75,1155,1515 (e) Identify noxious weeds and prohibited noxious weeds.
AB75,1155,1616 (f) Govern the issuance of seed labeler licenses.
AB75,1155,1717 (g) Govern the administration and enforcement of ss. 94.38 to 94.46.
AB75, s. 2020 18Section 2020. 94.681 (6) (a) 2. of the statutes is amended to read:
AB75,1155,2519 94.681 (6) (a) 2. By March 31 of the year following the year in which the person
20stopped selling or distributing the pesticide product for use in this state, file a report
21with the department showing the gross revenue that the person derived from the sale
22of the pesticide product for use in this state from October 1 of the year before the year
23in which the person stopped selling or distributing the pesticide product to December
2431 of the year in which the person stopped selling or distributing the pesticide
25product.
AB75, s. 2021
1Section 2021. 95.55 (2) of the statutes is amended to read:
AB75,1156,52 95.55 (2) Application. A person shall register under this section using a form
3provided by the department. The form shall be accompanied by the fee applicable
4fees
specified under sub. (3). Upon registration, the department shall issue the
5person a registration certificate.
AB75, s. 2022 6Section 2022. 95.55 (3) (title) of the statutes is repealed and recreated to read:
AB75,1156,77 95.55 (3) (title) Registration fee; reinspection fee.
AB75, s. 2023 8Section 2023. 95.55 (3) of the statutes is renumbered 95.55 (3) (a).
AB75, s. 2024 9Section 2024. 95.55 (3) (b) of the statutes is created to read:
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