Ch. 94 Cross-reference
Cross-reference: See definitions in s.
93.01.
94.01
94.01
Plant inspection and pest control authority. 94.01(1)(1) In the conduct of survey and inspectional programs for the detection, prevention and control of pests, the department may impose quarantines or such other restrictions on the importation into or movement of plants or other material within this state as necessary to prevent or control the dissemination or spread of injurious pests.
94.01(2)
(2) In accordance with
sub. (1), the department, by summary order, may prohibit the removal of any plant, host plant, or other pest-harboring material from any private or public property, or any area of the state which in its judgment contains or is exposed to injurious pests, except under such conditions as in its judgment are necessary to prevent the dissemination or spread of pests, giving written notice thereof to the owner or person in charge of the property. While such order is in effect no person with knowledge thereof shall cause or permit the removal of any such plant, host plant or other pest-harboring material from such property or area, unless it is in compliance with the conditions of such order. Orders issued under this subsection shall be in writing, have the force and effect of an order issued under
s. 93.18, and are subject to right of hearing before the department, if requested within 10 days after date of service. Any party affected by the order may request a preliminary or informal hearing pending the scheduling and conduct of a full hearing.
94.01(3)
(3) No person may obstruct or interfere with the examination or testing, by authorized inspectors and agents of the department, of any plants or other material suspected of being infested or infected with any injurious pests; nor may any person move any plants, plant parts, pests or pest-harboring materials contrary to the terms of any quarantine, rule, notice or order under this section.
94.01(4)
(4) The department, through its authorized agents or inspectors, may enter at all reasonable times any property for purposes of inspection, investigation and control of suspected pest infestations or infections and may intercept, stop and detain for official inspection any person, truck, vessel, aircraft or other conveyance believed to be carrying plants or other materials infested or infected with pests, and may seize and destroy any such plants or other materials moved, shipped or transported in violation of any law, rule, quarantine notice or order.
94.01 History
History: 1975 c. 394 s.
18; Stats. 1975 s. 94.01.
94.02
94.02
Abatement of pests. 94.02(1)(1) If the department finds any premises, or any plants, plant parts, or pest-harboring materials located thereon are so infested or infected with injurious pests as to constitute a hazard to plant or animal life in the state, or any area thereof, it may notify the owner or person having charge of such premises to that effect, and the owner or person in charge shall, within 10 days after such notice, cause the treatment of the premises or the treatment or removal and destruction of infested or infected plants, host plants or other pest-harboring material as directed in the notice. No person may violate the terms of any notice received under this subsection, nor may any damages be awarded to the owner for such treatment, removal or destruction. Any person affected by a notice or order may appeal to the department and request a hearing under
s. 94.01 (2).
94.02(2)
(2) If the owner or person in charge fails to comply with the terms of the notice, within 10 days after receiving it, the department or any cooperating local unit of government may proceed to treat the premises or to treat or destroy the infested or infected plants or other material. The expense of such abatement shall be certified to the town, city or village clerk and assessed, collected and enforced against the premises upon which such expense was incurred as taxes are assessed, collected, and enforced, and shall be paid to the cooperating unit of government incurring the expense, or into the general fund if the control work was conducted by the department.
94.02(3)
(3) If a serious pest outbreak constituting a significant threat to agricultural production or plant life occurs, and cannot be adequately controlled by individual property owners or local units of government in any area of this state, the department may petition the joint committee on finance for emergency funds with which to conduct needed control work independently or on a cooperative basis with the federal or local units of government.
94.02(4)
(4) This section pertains to the abatement of pests on agricultural lands and on agricultural business premises. This section does not affect the authority of the department of natural resources under
ch. 26.
94.02 History
History: 1975 c. 394 ss.
5,
19;
1975 c. 421; Stats. 1975 s. 94.02;
1977 c. 418;
1981 c. 20.
94.03
94.03
Shipment of pests and biological control agents; permits. 94.03(1)(1) No person may sell or offer for sale, or move, transport, deliver, ship or offer for shipment, any pest, as defined in
s. 93.01 (10) or any biological control agent as defined in
sub. (2), without a permit as prescribed by rules of the department. Such rules may provide for reasonable exemptions from permit requirements. Permits may be issued only after the department determines that the proposed shipment or use will not create sufficient hazard to warrant refusal of a permit. Permits shall be affixed to the outside of every shipping container or accompany the shipment as the department directs.
94.03(2)
(2) The department may by rule regulate and control the sale and use of biological control agents to assure their safety and effectiveness in the control of injurious pests and to prevent the introduction or use of biological control agents which may be injurious to persons or property or useful plant or animal life. The term "biological control agent" as used in this section means any living organism which because of its parasitic, predatory or other biological characteristics may be effective for use in the suppression or control of pests by biological rather than chemical means.
94.03 History
History: 1975 c. 394 ss.
6,
17;
1983 a. 189 s.
329 (20).
94.10
94.10
Nursery stock; inspection; licensing. 94.10(1)
(1)
Definitions. As used in this section:
94.10(1)(a)
(a) "Agent" means any person selling or soliciting orders for nursery stock not from a supply on hand, for a nurseryman or dealer at a place other than the nurseryman's or dealer's place of business.
94.10(1)(b)
(b) "Dealer" applies to any person other than a nurseryman who sells, offers to sell, solicits orders for or otherwise deals or traffics in nursery stock, but does not include a person who as agent or employe does business only in the name of a licensed nurseryman or dealer.
94.10(1)(c)
(c) "Nursery" includes any grounds or premises in this state on or in which nursery stock is propagated or grown for sale purposes. The term "nursery" shall not be construed to mean a dealer's premises or heeling-in grounds on or in which nursery stock is held for purposes other than propagation or growth.
94.10(1)(d)
(d) "Nurseryman" includes the person who owns, leases, manages, or is in charge of a nursery. All persons engaged in operating a nursery are farmers and are engaged in farming for all statutory purposes.
94.10(1)(e)
(e) "Nursery stock" means all plants and plant parts capable of propagation or growth, except field, vegetable and flower seeds, sod, cranberry cuttings, annuals and bulbs.
94.10(1)(em)
(em) "Officially inspected source" means a nursery or dealer licensed by the department under this section, or a source outside the state which is officially recognized by the department under
sub. (5).
94.10(1)(f)
(f) "Place of business" means each separate store, stand, sales ground, lot, truck, railway car or other vehicle or any other place at or from which nursery stock is being sold or offered for sale.
94.10(2)(a)(a) The department shall inspect any nursery, heeling-in ground or other premises on which nursery stock is kept for sale in the state at such intervals as the department considers necessary. Every nurseryman and dealer shall maintain facilities which are adequate for the care and keeping of nursery stock in a healthy and viable condition pending sale. Every nurseryman and dealer shall remove from sale any nursery stock incapable of reasonable growth and remove from sale and treat or destroy stock infested or infected with injurious pests to prevent the spread of further infection or infestation. No nurseryman or dealer may buy, sell or distribute nursery stock except from officially inspected sources, or sell or distribute nursery stock infested or infected with injurious plant pests or in such damaged or desiccated condition as to be incapable of reasonable growth.
94.10(2)(b)
(b) By notice in writing the department may require a nurseryman or dealer to hold any variety of nursery stock for inspection or reinspection whenever such action is necessary to determine that it is free from pests. The department may further order the removal from sale and the treatment or destruction of any nursery stock infested or infected with injurious pests or stock which is not viable or is in such damaged or desiccated condition as to be incapable of reasonable growth. No compensation shall be paid for any stock ordered destroyed. Any notice or order hereunder shall have the effect of a special order under
s. 93.18 and may be appealed to the department as provided under
s. 94.01 (2).
94.10(3)(a)(a) No person may engage as a nurseryman in this state without a license from the department. Such license expires on March 31 of each year. Applications for license shall be submitted on a form prescribed by the department, and shall be accompanied by payment of the required fee. The fee for nurserymen whose gross annual sales of nursery stock do not exceed $5,000 is $10. The fee for nurserymen whose gross annual sales exceed $5,000 is based on total acreage and is as follows: $35 for less than 10 acres; and $35 for 10 acres or more with an additional acreage fee of $25 for each 25 acres or fraction thereof for all acreage in excess of 10. Nurserymen selling nursery stock from a supply on hand at other than a nursery location shall pay an additional fee of $25 for each such place of business. Each nurseryman shall buy, sell and distribute only nursery stock from officially inspected sources. Upon request of the department, the nurseryman shall furnish a list of all sources from which the nursery stock is secured and all locations where such stock is sold. No license is transferable.
94.10(3)(b)1.1. In addition to the fees under
par. (a), an applicant for a license under
par. (a) shall pay a surcharge to the department in the following amount:
94.10(3)(b)1.a.
a. If the applicant's gross annual sales of nursery stock are not more than $5,000, $20.
94.10(3)(b)1.b.
b. If the applicant's gross annual sales of nursery stock are more than $5,000 and the applicant's nursery is less than 10 acres, $90.
94.10(3)(b)1.c.
c. If the applicant's gross annual sales of nursery stock are more than $5,000 and the applicant's nursery is 10 acres or more, the sum of $90 plus $10 for each 25 acres or fraction of 25 acres in excess of 10.
94.10(3)(b)1.d.
d. If the applicant sells nursery stock from a supply on hand at other than a nursery location, $30 for each such place of business.
94.10(4)(a)(a) Every dealer before offering nursery stock for sale or distributing or soliciting orders for nursery stock shall secure a dealer's license from the department. Each applicant for license shall certify that the applicant will buy and distribute only nursery stock from officially inspected sources. Each dealer shall maintain with the department a list of all sources from which nursery stock is secured and all locations where such stock is sold. License applications shall be submitted on a form prescribed by the department and shall be accompanied by a fee for each place of business where nursery stock will be sold by the applicant. The amount of such fee is $25 for each place of business. A dealer's license expires on March 31 of each year. No license is transferable.
94.10(4)(am)
(am) In addition to the license fee required under
par. (a), an applicant for a license under
par. (a) shall pay a surcharge of $30. The amounts collected under this paragraph shall be credited to the appropriation under
s. 20.115 (7) (j).
94.10(4)(b)
(b) No dealer may sell, offer for sale or have in possession any nursery stock which has not been officially inspected as provided in this section.
94.10(5)
(5) The department may enter into reciprocal agreements with other states for the recognition of official license and inspection certificates. Nursery stock owned by persons from such states may be sold and delivered in this state without license or fee, if like privileges are accorded to persons from this state in such other states, and the department finds that such states require inspection equal to that required in this state, except that any nonresident nurseryman or dealer having a place of business in this state shall obtain a license and pay the fees required by this section.
94.10(6)
(6) Labeling nursery stock; retail sales. 94.10(6)(a)(a) Every nurseryman or dealer shall attach to the outside of each package, box, bale or lot of nursery stock shipped or otherwise delivered, a tag or label bearing the name and address of such licensee and a certification by the nurseryman or dealer that such nursery stock is from officially inspected sources. The requirements of this paragraph shall not apply to nursery stock sold and delivered at the place of business of a nurseryman or dealer who has there conspicuously posted the license certificate.
94.10(6)(b)
(b) It is unlawful to accept for shipment any nursery stock unless it bears a certificate as provided in
par. (a). In case any nursery stock is shipped in or into this state without the certificate plainly affixed, the fact must be promptly reported to the department by the carrier, stating the consignor and the consignee and the nature of the shipment. Every common carrier when directed by the department shall notify it of any or all shipments of nursery stock, giving the name of the consignor, the consignee, and the nature of the shipment and shall hold such shipment subject to the order of the department.
94.10(6)(c)
(c) Nursery stock sold at retail shall bear a tag or label giving the common or botanical name of such plants.
94.10(7)
(7) Misrepresentation. It is unlawful for any person:
94.10(7)(a)
(a) To misrepresent the name, origin, grade, variety, quality or hardiness of any nursery stock offered for sale, or to make any other false or misleading representation of any kind, in connection with the advertising or sale of nursery stock.
94.10(7)(b)
(b) To represent, by name or otherwise, that the person is a nurseryman or conducts a nursery business when such is not the case.
94.10(7)(c)
(c) To make a false declaration of nursery stock acreage or gross annual sales to the department, or to conceal nursery stock to avoid inspection. Every person selling nursery stock, upon the request of the department, must furnish copies of the person's order forms, contracts and other records or documents relating to acreage or gross sales.
94.10(7)(d)
(d) To sell or ship any nursery stock bearing an outdated, altered or otherwise invalid certificate.
94.11
94.11
Special inspections; fees. Persons applying for any special inspection and certification of nursery stock or other plants or material as to freedom from infestation or infection shall pay a reasonable fee to cover travel and other expenses of the department.
94.11 History
History: 1975 c. 394 s.
23; Stats. 1975 s. 94.11.
94.26
94.26
Cranberry culture; maintenance of dams, etc. Any person owning lands adapted to the culture of cranberries may build and maintain on any land owned by the person such dams upon any watercourse or ditch as shall be necessary for the purpose of flowing such lands, and construct and keep open upon, across and through any lands such drains and ditches as shall be necessary for the purpose of bringing and flooding or draining and carrying off the water from such cranberry growing lands, or for the purpose of irrigation, fertilization and drainage of any other lands owned by the person; provided, that no such dams or ditches shall injure any other dams or ditches theretofore lawfully constructed and maintained for a like purpose by any other person.
94.26 History
History: 1993 a. 492.
94.26 Annotation
See note to 30.18, citing State v. Zawistowski, 95 W (2d) 250, 290 NW (2d) 303 (1980).
94.27
94.27
Liability for damages. Any person who builds or maintains any dam or constructs or keeps open any ditch or drain under
s. 94.26 is liable to persons whose lands are overflowed or otherwise injured by the dam, ditch or drain for the full sum of damages sustained, which shall be ascertained under
s. 94.28 and recovered under
ss. 94.28 to
94.30.
94.27 History
History: 1993 a. 492;
1997 a. 253.
94.28
94.28
Arbitrators to fix damages. 94.28(1)
(1) If a person claiming damages from a dam, ditch or drain cannot agree with the person liable to pay the damages under
s. 94.27, the damage claimant shall select one disinterested arbitrator and give notice of the selection to the person against whom the damages are claimed. The person from whom damages are claimed shall, within 10 days after receipt of the notice, select another disinterested arbitrator, not of kin to any of the parties interested in maintaining the dams, ditches or drains, and give notice of the selection to the claimant and to the persons selected as arbitrators.
94.28(2)(a)(a) The persons selected as arbitrators under
sub. (1) shall, within 20 days after notice of their appointment, do all of the following:
94.28(2)(a)1.
1. Appoint a disinterested 3rd person to act as arbitrator with them.
94.28(2)(a)2.
2. Fix a time and place at which the arbitrators shall meet to determine the claimant's damages.
94.28(2)(a)3.
3. Give notice of the appointment of the 3rd arbitrator and the time and place of hearing to the interested parties.
94.28(2)(b)
(b) At the time and place fixed under
par. (a) 2., the arbitrators shall view the premises and hear the proofs and allegations of the parties. Within 10 days thereafter, the arbitrators, or any 2 of them, shall make duplicate statements of the proceedings had by them and of the amount that they order to be paid to the claimant for the claimant's damages and the amount to be paid by the respective parties for the arbitrators' fees and the costs of the proceedings. The arbitrators shall deliver a copy of the statement and order to each party. Within 20 days thereafter, the amount so ordered shall be paid by the party of whom required unless an appeal is taken as provided under
s. 94.29.
94.28 History
History: 1993 a. 492;
1997 a. 253.
94.29
94.29
Appeal. If either party is not satisfied with the award the party may, within 10 days after the delivery of the copy thereof to him or her, serve upon either of the arbitrators notice of appeal from their award to the circuit court of the county in which the lands or any part thereof are situated and pay to the arbitrators the whole amount of their fees plus the fee prescribed in
s. 814.61 (8) (am) 1.; and if the party required to pay the damages gives notice of an appeal therefrom he or she shall file with the notice of appeal an undertaking, signed by 2 or more sureties, to be approved by at least 2 of the arbitrators, in double the amount of the award, conditioned to pay any judgment that may be rendered against the party upon appeal. Upon filing the notice of appeal and undertaking, when required, the arbitrators, or 2 of them, shall, within 10 days, make and sign a full statement of the proceedings had by them and of their award and file the same with the clerk of circuit court and pay the fee prescribed in
s. 814.61 (8) (am) 1.; and thereupon the clerk shall enter an action in which the claimant is the plaintiff, which shall be deemed then at issue, and proceedings shall be had thereon in like manner as in other civil actions in the court. Unless the appellant obtains a more favorable judgment upon appeal, he or she shall pay costs; otherwise, the respondent.
94.30
94.30
Rights on payment. 94.30(1)(1) If neither party appeals from the award under
s. 94.28 and the responsible party pays the full amount of damages and costs awarded within the time prescribed under
s. 94.28 (2) (b) or if, upon an appeal, a final judgment is rendered in favor of the claimant and the responsible party pays the judgment and all costs awarded to the claimant within 60 days after entry of the final judgment, that responsible party shall have the perpetual right to maintain and keep the dams, ditches or drains that caused the damage in good condition and repair. Neither the responsible party nor the responsible party's assigns shall be liable for the payment of any further damages on account of the dams, ditches or drains.
94.30(2)
(2) If the responsible party fails to make payment as described in
sub. (1) within the applicable prescribed time, the responsible party shall forfeit all right under this chapter to maintain the dams, ditches or drains that caused the damage.
94.30 History
History: 1993 a. 492;
1997 a. 253.
94.31
94.31
Service of notice. In all cases arising under
ss. 94.26 to
94.30 when it shall be necessary to serve any notice upon any person who may be out of the state or whose whereabouts shall not be known to the person desiring to serve the same, such notice may be served upon any agent or employe of such person who may be found within this state, and such service shall have the same effect as if it was made upon the party interested.
94.32
94.32
Pay of arbitrators. The arbitrators appointed under
s. 94.28 shall each receive $3 per day for their services, to be paid in whole or in part by either party as the arbitrators determine.
94.32 History
History: 1997 a. 253.
94.35
94.35
Cranberry growers association. The Wisconsin cranberry growers association shall obtain and publish information relative to the cultivation and production of cranberries. The association shall hold semiannual meetings in August and January at such place as it shall determine.
94.35 History
History: 1983 a. 524.
94.38
94.38
Agricultural and vegetable seeds; definitions. When used in
ss. 94.38 to
94.46 unless the context requires otherwise:
94.38(1)
(1) "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means relating to seed within the scope of
ss. 94.38 to
94.46.
94.38(2)
(2) "Agricultural seed" includes the seeds of grass, forage, cereal, fiber crops and lawn seeds and any other kinds of seeds commonly recognized and sold within this state for sowing purposes as agricultural seeds or mixtures thereof, and may include noxious weed seeds if used as agricultural seed.
94.38(3)
(3) "Certified seed" means seed produced in compliance with the standards and procedures of a certifying agency and that bears an official label issued for such seed by a seed certifying agency stating that the seed is certified. The 4 classes of certified seed are: breeders, foundation, registered and certified.
94.38(4)
(4) "Certifying agency" means an agency designated by any state, territory, possession or foreign country to certify seed.
94.38(4m)
(4m) "Coated seed" means seed, other than treated seed, which is covered with any substance that changes the size, shape or weight of the seed.
94.38(5)
(5) "Hybrid seed" means, for a kind or variety of seed, the first generation seed progeny of a cross produced by controlled pollination which combines 2 inbred lines; one inbred line and a single cross; 2 single crosses; one inbred line or a single cross with an open pollinated variety; or 2 selected clones, seed lines, varieties or species. "Hybrid seed" does not include seeds incidentally produced as a result of incomplete control over pollination.
94.38(6)
(6) "Kind" means one or more related species or subspecies which singly or collectively is known by one common name, such as corn, oats, alfalfa or timothy.
94.38(7)
(7) "Label" means the display of written, printed or graphic matter upon or attached to the container of seed or, for seed sold in bulk quantities, included with the invoice or shipping document furnished the purchaser at time of delivery.
