94.70 Pesticides; prohibited acts.
94.701 Pesticides; local regulation.
94.702 Veterinary clinic permit.
94.703 Pesticides; licensing of commercial application businesses.
94.704 Pesticides; licensing of individual commercial applicators.
94.705 Pesticides; certification requirements and standards.
94.707 Distribution and sale of certain pesticides.
94.708 Pesticides; sale and use to control bats.
94.709 Distribution and sale of DDT prohibited.
94.71 Pesticides; penalties; enforcement.
94.73 Agricultural chemical cleanup program.
94.76 Honeybee disease and pest control.
94.761 Beekeepers, etc.; agricultural pursuit.
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 and licensing. 94.10(1)(1)
Definitions. In this section:
94.10(1)(a)
(a) "Christmas tree grower" means a person who grows evergreen trees for eventual harvest and sale as Christmas trees, except that "Christmas tree grower" does not include a person who grows evergreen trees for eventual harvest and sale as Christmas trees if the person also grows nursery stock for sale and if the person is licensed under
sub. (3).
94.10(1)(b)
(b) "Nonprofit organization" means an organization described in section
501 (c) of the Internal Revenue Code that is exempt from federal income tax under section
501 (a) of the Internal Revenue Code.
94.10(1)(c)
(c) "Nursery" means premises in this state on which a person propagates or grows nursery stock for sale. "Nursery" does not include heeling-in grounds or other premises where a person holds nursery stock for purposes other than propagation or growth.
94.10(1)(d)
(d) "Nursery dealer" means a person, other than a nursery grower, who sells, offers for sale or distributes nursery stock from a location in this state, except that "nursery dealer" does not include an employee of a person licensed under this section.
94.10(1)(e)
(e) "Nursery grower" means a person who owns or operates a nursery.
94.10(1)(f)
(f) "Nursery stock" means plants and plant parts that can be propagated or grown, excluding seeds, sod, cranberry cuttings, annuals and evergreen trees grown for eventual harvest and sale as Christmas trees.
94.10(1)(g)
(g) "Officially inspected source" means any of the following:
94.10(1)(g)3.
3. A source outside this state that the department recognizes under
sub. (10) as an officially inspected source.
94.10(1)(j)
(j) "Sell" means to transfer ownership, for consideration.
94.10(2)
(2) Nursery dealer; annual license. 94.10(2)(a)(a)
License required. Except as provided in
par. (f), no person may operate as a nursery dealer without an annual license from the department. A nursery dealer license expires on February 20. A nursery dealer license may not be transferred to another person.
94.10(2)(b)
(b)
Applying for a license. A person applying for a nursery dealer license under
par. (a) shall apply on a form provided by the department. An applicant shall provide all of the following to the department:
94.10(2)(b)1.
1. The applicant's legal name and address and any other name under which the applicant does business.
94.10(2)(b)2.
2. The address of each location at which the applicant proposes to hold nursery stock for sale.
94.10(2)(b)5.
5. Other information reasonably required by the department for licensing purposes.
94.10(2)(c)
(c)
License fee. A nursery dealer shall pay the following annual license fee, based on annual purchases calculated according to
par. (e):
94.10(2)(c)1.
1. If the nursery dealer buys no more than $5,000 worth of nursery stock for resale, $30.
94.10(2)(c)2.
2. If the nursery dealer buys more than $5,000 but not more than $20,000 worth of nursery stock for resale, $50.
94.10(2)(c)3.
3. If the nursery dealer buys more than $20,000 but not more than $100,000 worth of nursery stock for resale, $100.
94.10(2)(c)4.
4. If the nursery dealer buys more than $100,000 but not more than $200,000 worth of nursery stock for resale, $150.
94.10(2)(c)5.
5. If the nursery dealer buys more than $200,000 but not more than $500,000 worth of nursery stock for resale, $200.
94.10(2)(c)6.
6. If the nursery dealer buys more than $500,000 but not more than $2,000,000 worth of nursery stock for resale, $300.
94.10(2)(c)7.
7. If the nursery dealer buys more than $2,000,000 worth of nursery stock for resale, $400.
94.10(2)(d)
(d)
Surcharge for operating without a license. In addition to the fee required under
par. (c), an applicant for a nursery dealer license shall pay a surcharge equal to the amount of that fee if the department determines that, within 365 days before submitting the application, the applicant operated as a nursery dealer without a license in violation of
par. (a). Payment of the surcharge does not relieve the applicant of any other penalty or liability that may result from the violation, but does not constitute evidence of a violation of
par. (a).
94.10(2)(e)
(e)
Calculating annual purchases. The amount of an applicant's license fee under
par. (c) for a license year shall be based on the applicant's purchases of nursery stock during the applicant's preceding fiscal year, except that if the applicant made no purchases of nursery stock during the preceding fiscal year the fee shall be based on the applicant's good faith prediction of purchases during the license year for which the applicant is applying.
94.10(2)(f)
(f)
Exemptions. Paragraph (a) does not apply to any of the following:
94.10(2)(f)1.
1. A person whose only sales of nursery stock are retail sales totaling less than $250 annually.
94.10(2)(f)2.
2. A person selling or offering to sell nursery stock for the benefit of a nonprofit organization, for a period of not more than 7 consecutive days.
94.10(3)
(3) Nursery grower; annual license. 94.10(3)(a)(a)
License required. Except as provided in
par. (f), no person may operate as a nursery grower without an annual license from the department. A nursery grower license expires on February 20. A nursery grower license may not be transferred to another person.
94.10(3)(b)
(b)
Applying for a license. A person applying for a nursery grower license under
par. (a) shall apply on a form provided by the department. An applicant shall provide all of the following to the department:
94.10(3)(b)1.
1. The applicant's legal name and address and any other name under which the applicant does business.
94.10(3)(b)2.
2. The address of each location in this state at which the applicant operates a nursery, grows evergreen trees for eventual sale as Christmas trees or holds nursery stock or Christmas trees for sale.
94.10(3)(b)5.
5. Other information reasonably required by the department for licensing purposes.
94.10(3)(c)
(c)
License fee. A nursery grower shall pay the following annual license fee, based on annual sales calculated according to
par. (e), plus the additional license fee under
par. (cm), if applicable:
94.10(3)(c)1.
1. If the nursery grower annually sells no more than $5,000 worth of nursery stock, $40.
94.10(3)(c)2.
2. If the nursery grower annually sells more than $5,000 but not more than $20,000 worth of nursery stock, $75.
94.10(3)(c)3.
3. If the nursery grower annually sells more than $20,000 but not more than $100,000 worth of nursery stock, $125.
94.10(3)(c)4.
4. If the nursery grower annually sells more than $100,000 but not more than $200,000 worth of nursery stock, $200.
94.10(3)(c)5.
5. If the nursery grower annually sells more than $200,000 but not more than $500,000 worth of nursery stock, $350.
94.10(3)(c)6.
6. If the nursery grower annually sells more than $500,000 but not more than $2,000,000 worth of nursery stock, $600.
94.10(3)(c)7.
7. If the nursery grower annually sells more than $2,000,000 worth of nursery stock, $1,200.
94.10(3)(cm)
(cm)
Additional license fee for Christmas tree sales. A nursery grower that sells Christmas trees shall pay the following additional license fee, based on annual sales calculated according to
par. (e):
94.10(3)(cm)1.
1. If the nursery grower annually sells no more than $5,000 worth of Christmas trees, $20.
94.10(3)(cm)2.
2. If the nursery grower annually sells more than $5,000 but not more than $20,000 worth of Christmas trees, $55.
94.10(3)(cm)3.
3. If the nursery grower annually sells more than $20,000 but not more than $100,000 worth of Christmas trees, $90.
94.10(3)(cm)4.
4. If the nursery grower annually sells more than $100,000 but not more than $200,000 worth of Christmas trees, $150.
94.10(3)(cm)5.
5. If the nursery grower annually sells more than $200,000 but not more than $500,000 worth of Christmas trees, $250.
