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1992. 94.38 (23) of the statutes is repealed.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1993. 94.38 (24) of the statutes is repealed.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. 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1996. 94.40 (1) of the statutes is repealed.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:
AB75,1156,1310
95.55
(3) (b) 1. If the department reinspects the premises where farm-raised
11deer are kept because the department has found a violation of this chapter or rules
12promulgated under this chapter, the department shall charge the person registered
13under this section the reinspection fee specified under subd. 2.
AB75,1156,1714
2. The department shall specify the reinspection fee to be charged under subd.
151. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the
16premises. The department may specify different reinspection fees for different
17premises.
AB75,1156,2118
3. A reinspection fee under this paragraph is payable when the reinspection is
19completed, and is due upon written demand from the department. The department
20may issue a demand for payment when it issues a registration renewal application
21form to the person registered to keep farm-raised deer under this section.
AB75, s. 2025
22Section
2025. 95.60 (4) (a) of the statutes is amended to read:
AB75,1156,2523
95.60
(4) (a) The department
shall
may inspect a fish farm upon initial
24registration under sub. (3m)
. The department may inspect a fish farm and at any
25other time.
AB75, s. 2026
1Section
2026. 95.60 (5) of the statutes is amended to read:
AB75,1157,42
95.60
(5) The department shall, by rule, specify the fees for permits,
3certificates, registration and inspections under this section
, including any
4reinspection fees required under sub. (5m).
AB75, s. 2027
5Section
2027. 95.60 (5m) of the statutes is created to read:
AB75,1157,96
95.60
(5m) (a) If the department reinspects a fish farm because the department
7has found a violation of this chapter or rules promulgated under this chapter, the
8department shall charge the fish farm operator the reinspection fee specified under
9par. (b).
AB75,1157,1310
(b) The department shall specify the reinspection fee to be charged under par.
11(a) by rule. The reinspection fee may not exceed the reasonable costs to reinspect the
12fish farm. The department may specify different reinspection fees for different fish
13farms.
AB75,1157,1714
(c) A reinspection fee under this subsection is payable when the reinspection
15is completed, and is due upon written demand from the department. The department
16may issue a demand for payment when it issues a registration renewal application
17form to the fish farm operator.
AB75, s. 2028
18Section
2028. 95.68 (4) of the statutes is repealed and recreated to read:
AB75,1157,2019
95.68
(4) License fee; reinspection fee. (a) The department shall, by rule,
20specify the fee for an animal market license issued under this section.
AB75,1157,2421
(b) 1. If the department reinspects an animal market because the department
22has found a violation of this chapter or rules promulgated under this chapter, the
23department shall charge the animal market operator the reinspection fee specified
24under subd. 2.
AB75,1158,4
12. The department shall specify the reinspection fee to be charged under subd.
21. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the
3animal market. The department may specify different reinspection fees for different
4animal markets.
AB75,1158,85
3. A reinspection fee under this paragraph is payable when the reinspection is
6completed, and is due upon written demand from the department. The department
7may issue a demand for payment when it issues a license renewal application form
8to the animal market operator.
AB75, s. 2029
9Section
2029. 95.68 (8) of the statutes is amended to read:
AB75,1158,1610
95.68
(8) Rules. The department may promulgate rules
to specify license fees
11under sub. (4) or to regulate the operation of animal markets, including rules related
12to market operator qualifications, market construction and maintenance,
13construction and maintenance of animal transport vehicles, identification of animal
14transport vehicles, disease sanitation, humane treatment of animals, identification
15of animals, record keeping, reports to the department and compliance with
16applicable financial security requirements under state or federal law.
AB75, s. 2030
17Section
2030. 95.69 (4) (title) of the statutes is repealed and recreated to read:
AB75,1158,1818
95.69
(4) (title)
License fee; reinspection fee.
AB75, s. 2031
19Section
2031. 95.69 (4) of the statutes is renumbered 95.69 (4) (a) and
20amended to read:
AB75,1158,2221
95.69
(4) (a)
Unless the The department
specifies a different fee shall, by rule,
22specify the fee for an animal dealer license
is $75 issued under this section.
AB75, s. 2032
23Section
2032. 95.69 (4) (b) of the statutes is created to read:
AB75,1159,224
95.69
(4) (b) 1. If the department reinspects an animal dealer operation
25because the department has found a violation of this chapter or rules promulgated
1under this chapter, the department shall charge the animal dealer the reinspection
2fee specified under subd. 2.
AB75,1159,63
2. The department shall specify the reinspection fee to be charged under subd.
41. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the
5animal dealer operation. The department may specify different reinspection fees for
6different animal dealer operations.