94.38(13)
(13) "Person" includes any individual, firm, partnership, limited liability company, corporation, company, society or association.
94.38(14)
(14) "Preinoculated seed" means legume seed which has received an application, prior to sale, of a culture of bacteria which will effectively inoculate the legume as shown by nodulation of the roots, growth of the plants and accumulation of nitrogen in the plants.
94.38(15)
(15) "Pure seed", "germination", "hard seed" and other terms commonly used in labeling and testing seeds shall be as defined in the rules of the department.
94.38(16)
(16) "Record" means all information relating to lot, identification, source, origin, variety, amount, processing, blending, testing, labeling, sale and distribution of seed and includes a file sample of each lot.
94.38(18)
(18) "Seizure" means the taking of legal custody over seed by court order.
94.38(19)
(19) "Stop sale" means a department order restraining the sale, use, disposition or movement of seed.
94.38(20)
(20) "Treated seed" means seed which has received an application of a substance, or has been subjected to a process in such a way as to reduce, control or repel certain disease organisms, insects or other pests attacking seeds or seedlings growing therefrom.
94.38(21)
(21) "Type" means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.
94.38(22)
(22) "Variety" means a subdivision of a kind based on growth, yield, plant, fruit, seed, disease resistance or other characteristics by which it can be differentiated from other plants of the same kind.
94.38(23)
(23) "Vegetable seed" includes the seeds of crops which are grown commercially and in home gardens as vegetables for human consumption and are commonly known and sold in this state as vegetable seeds.
94.38(24)
(24) "Weed seeds" includes the seeds of all plants generally recognized as weeds within this state, and includes noxious weed seeds.
94.385
94.385
Seed label locations. 94.385(1)
(1) Each container of agricultural or vegetable seed which is sold, distributed or offered or exposed for sale within this state for seeding or sprouting purposes shall bear or have attached to it in a conspicuous place a label containing the information specified in
s. 94.39.
94.385(2)
(2) Except as provided under
s. 94.43 (2), each bulk lot of agricultural or vegetable seed sold within this state for seeding or sprouting purposes shall include with the invoice or shipping document furnished the purchaser at time of delivery a label containing the information specified in
s. 94.39.
94.385 History
History: 1985 a. 138.
94.39
94.39
Seed labeling requirements. Each label for agricultural or vegetable seed required under
s. 94.385 shall be a plainly written or printed label in the English language, giving the following information:
94.39(1)(a)
(a) The commonly accepted name of the kind or kind and variety of each agricultural seed component in excess of 5 per cent of the whole and the percentage by weight of each in order of its predominance. When more than one component is required to be named, the word "mixture" or "mixed" shall be shown conspicuously on the label. Seed components of 5 per cent or less may be named, if desired.
94.39(1)(am)
(am) The percentage of hybrid seed included in the pure seed contents of the container or bulk lot, if the percentage is less than 96%. No kind or variety of seed may be labeled as hybrid seed unless the pure seed consists of at least 75% hybrid seed. Designations of hybrid seed shall be treated in the same manner as are names of varieties under
par. (a).
94.39(1)(c)
(c) Origin by state or foreign country of alfalfa, red clover, white clover or field corn, except hybrid field corn. If the origin of these crop seeds is unknown, that fact shall be stated.
94.39(1)(d)
(d) Percentage by weight of all weed seeds.
94.39(1)(e)
(e) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present singly or collectively in excess of:
94.39(1)(e)1.
1. One seed in 2.5 grams of redtop, bent grass and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)2.
2. One seed in 5 grams of rough bluegrass (Poa trivialis) and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)3.
3. One seed in 10 grams of Kentucky bluegrass, timothy and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)4.
4. One seed in 20 grams of alsike clover, white clover, reed canary grass and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)5.
5. One seed in 30 grams of orchard grass, chewings fescue, red fescue, birds-foot trefoil and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)6.
6. One seed in 50 grams of alfalfa, red clover, sweet clover, ryegrass, tall fescue, foxtail millet and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)7.
7. One seed in 70 grams of smooth brome, rape and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)8.
8. One seed in 90 grams of Japanese millet and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)9.
9. One seed in 100 grams of crown vetch and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)10.
10. One seed in 150 grams of proso millet, flax and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)11.
11. One seed in 250 grams of Sudan grass and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)12.
12. One seed in 500 grams of oats, rye, barley, wheat, sorghum, buckwheat, sunflower and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)13.
13. One seed in 500 grams of field beans, peas, corn, soybeans and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(f)
(f) Percentage by weight of all other crop seeds.
94.39(1)(h)1.
1. Percentage of germination, exclusive of hard seed.
94.39(1)(h)3.
3. The calendar month and year the test was completed to determine such percentages.
94.39(1)(i)
(i) Name and address of the person who labeled the seed, or who sells, distributes or offers or exposes it for sale within this state.
94.39(3)
(3) For vegetable seeds in containers of one pound or less:
94.39(3)(b)
(b) For seeds which germinate less than the standard established by department rule:
94.39(3)(b)1.
1. Percentage of germination, exclusive of hard seed.
94.39(3)(b)3.
3. The calendar month and year the test was completed to determine such percentages.
94.39(3)(b)4.
4. The words "Below Standard" in not less than 8-point type.
94.39(3)(c)
(c) Name and address of the person who labeled the seed, or who sells, distributes or offers or exposes it for sale within this state.
94.39(4)
(4) For vegetable seeds in containers of more than one pound:
94.39(4)(a)
(a) The name of each kind and variety present in excess of 5% of the whole and the percentage by weight of each, in order of its predominance.
94.39(4)(c)1.
1. Percentage of germination, exclusive of hard seed.
94.39(4)(c)3.
3. The calendar month and year the test was completed to determine such percentages.
94.39(4)(d)
(d) Name and address of the person who labeled the seed, or who sells, distributes or offers or exposes it for sale within this state.
94.39(5)
(5) For all treated seeds, in addition to other labeling requirements under this section (for which a separate label may be used):
94.39(5)(a)
(a) A word or statement indicating that the seed has been treated.
94.39(5)(b)
(b) The commonly accepted coined, chemical (generic) or abbreviated chemical name of the substance applied or a description of the process used.
94.39(5)(c)
(c) If the substance applied to the seed is harmful to human or other vertebrate animals:
94.39(5)(c)1.
1. The caution statement "Do not use for food, feed or oil purposes" or a similar statement;
94.39(5)(c)2.
2. Words and symbol or a single word indicating the toxicity of the substance used to treat the seed, such as "Danger — Poison" and the skull and crossbones symbol, "Warning" or "Caution"; and
94.39(5)(c)3.
3. A statement setting forth the antidote, if any, and the first aid treatment directions for poisoning by the specific substance.
94.39(6)
(6) For all preinoculated seeds, in addition to other labeling requirements under this section (for which a separate label may be used):
94.39(6)(a)
(a) A word or statement indicating that the seed has been preinoculated.
94.39(6)(b)
(b) The date beyond which the inoculant is not to be considered effective.
94.39(7)
(7) For field corn seed, in addition to other labeling requirements under this section:
94.39(7)(a)
(a) The commonly accepted name of the variety or, if none, descriptive name.
94.39(7)(b)
(b) The relative maturity ascribed by the labeler.
94.39(8)
(8) For all coated seeds, in addition to other labeling requirements under this section, a word or statement indicating that the seed has been coated.
94.39 History
History: 1975 c. 39,
308;
1985 a. 138.
94.40
94.40
Seed certification. 94.40(1)(1) No alfalfa seed may be sold, distributed or offered or exposed for sale within this state if labeled, advertised or represented as the vernal variety, unless the seed has been certified by a seed certifying agency.
94.40(2)
(2) The Wisconsin Crop Improvement Association, a nonprofit organization incorporated under the laws of this state, in cooperation with the University of Wisconsin-Madison College of Agricultural and Life Sciences and the department, shall be the seed certifying agency for the certification of agricultural and vegetable seed in the state.
94.40(3)
(3) The Wisconsin Crop Improvement Association, in cooperation with the University of Wisconsin-Madison College of Agricultural and Life Sciences, shall establish standards and procedures for the certification of seed, subject to approval of the department. Standards and procedures established under this subsection shall be no less stringent than those prescribed by the association of official seed certifying agencies.
94.41
94.41
Prohibitions. 94.41(1)(1) It is unlawful for any person to sell, distribute or offer or expose for sale any agricultural or vegetable seed:
94.41(1)(a)
(a) Unless the test to determine the percentage of germination required under
s. 94.39 is completed within a 12-month period immediately prior to the date it is sold, distributed or offered or exposed for sale, as shown by records, exclusive of the calendar month in which the test is completed, except that seeds packaged in hermetically sealed containers may be sold, distributed or offered or exposed for sale under such conditions as the department may prescribe, for a period of 36 months following the month in which the seeds are tested. No seeds in hermetically sealed containers shall be sold, distributed or offered or exposed for sale beyond such 36-month period unless retested within the preceding 9-month period, exclusive of the calendar month in which the retest is completed. Seed, for which the germination test date has expired, shall be relabeled by a licensed labeler prior to its being sold, distributed or offered or exposed for sale.
94.41(1)(b)
(b) Not labeled in accordance with
s. 94.39, or containing any labeling statements which modify or deny label information required under
s. 94.39, or having any other false or misleading labeling.
94.41(1)(c)
(c) Pertaining to which there has been a false or misleading advertisement, claim or representation.
94.41(1)(d)
(d) Containing prohibited noxious weed seeds in excess of tolerances established by rules of the department.
94.41(1)(e)
(e) Containing restricted noxious weed seeds singly or collectively in excess of:
