94.43(2)
(2) No person may sell, distribute or offer or expose for sale in this state any seed not labeled by the holder of a seed labeler's license whose name and address are on the label, except that no license shall be required to sell seed of one's own production if it is delivered to the purchaser only on the farm premises where grown or to sell seed only in bags or other closed containers labeled by the holder of a seed labeler's license. Labels are not required for seed packaged at time of sale at retail by the holder of a seed labeler's license if the bin or other container from which the seed is sold bears a label and the seed with its labeling may be readily examined by the purchaser prior to sale. Seed sold by a licensed labeler under this exception shall be considered as having been sold under his or her label for purposes of computing license fees under
sub. (3).
94.43(3)
(3) Application for a seed labeler's license shall be submitted on a form prescribed by the department and shall be accompanied by a fee based on the gross sales of seed within the state by the applicant under his or her own label during the previous 12 months prior to filing the application. Fees for a labeler's license shall be computed on gross sales according to the following schedule:
94.43(3)(a)
(a) For gross sales that are less than $10,000: $25.
94.43(3)(b)
(b) For gross sales that are $10,000 or more but less than $25,000: $50.
94.43(3)(c)
(c) For gross sales that are $25,000 or more but less than $75,000: $100.
94.43(3)(d)
(d) For gross sales that are $75,000 or more but less than $200,000: $150.
94.43(3)(e)
(e) For gross sales that are $200,000 or more: $200.
94.43(4)
(4) The license fee for a new applicant or for a person who did not sell seed under his or her own label during the previous 12 months shall be the minimum fee of $25 for the first year or any part thereof.
94.43(5)
(5) The licenses shall expire on December 31 of each year. Licenses shall not be transferable and no fee or any portion thereof shall be refunded after the license has been issued.
94.44
94.44
Records. Each person whose name is required to appear on the label as the labeler of agricultural or vegetable seeds pursuant to
s. 94.39 shall maintain complete records of each lot of seed sold or labeled for a period of 2 years after final sale or disposition thereof, except that a file sample of such seed need be kept for only one year. This section shall not be construed as requiring a record of the sale or disposal of each portion of a lot sold at retail in quantities of less than 40 pounds. All records and samples pertaining to any lot of seed shall be accessible for inspection by the department during customary business hours.
94.45
94.45
Powers and authority of the department. The department is authorized:
94.45(1)
(1) To enter during regular business hours all places of business, warehouses, freight depots, cars, trucks and all other places where seed is stored, transported, sold or exposed for sale. The department is empowered to sample any container of seed, analyze and test the samples and inspect all records relating to any lot of seed in order to secure evidence of violation of
ss. 94.38 to
94.46.
94.45(2)
(2) To establish and maintain a seed laboratory for the testing and analysis of seed.
94.45(3)
(3) To make purity and germination tests of seed for persons on request and for this purpose may prescribe rules governing such testing and fix and collect charges for tests made.
94.45(4)
(4) To cooperate with the U.S. department of agriculture and other agencies in seed law enforcement.
94.45(5)
(5) To publish at least once a year, in such form as the department deems proper, information concerning the inspection and sales of seed and the results of the analysis of official samples of agricultural and vegetable seeds distributed within the state.
94.45(6)
(6) To establish rules, after public hearing:
94.45(6)(a)
(a) Governing the methods of sampling, inspecting, analyzing, testing and examining agricultural and vegetable seed, and to prescribe tolerances for purity and germination tests and rates of occurrence of noxious weed seeds.
94.45(6)(b)
(b) To add to or remove from the list of prohibited and restricted noxious weed seeds as specified in
s. 94.38 (12).
94.45(6)(c)
(c) Governing the distribution and labeling of seed.
94.45(6)(d)
(d) Providing standards for relative maturities, certification of seed and the effectiveness of inoculum applied to preinoculated seed.
94.45(6)(e)
(e) Providing reasonable standards of germination for vegetable seeds.
94.45(6)(f)
(f) Providing a list of "fine-textured grasses" and "coarse kinds".
94.45(6)(g)
(g) Governing the issuance of seed labeler's licenses.
94.45 History
History: 1975 c. 39,
308;
1983 a. 189 s.
329 (20).
94.45 Cross-reference
Cross Reference: See also ch.
ATCP 20, Wis. adm. code.
94.46
94.46
Stop sale; penalties; enforcement. 94.46(1)
(1) The department may issue a written or printed "stop sale" order to the owner or custodian of any lot of agricultural or vegetable seed not conforming with
ss. 94.38 to
94.46, or rules thereunder. The order shall specify the sections of the law or rules violated and shall prohibit the sale or other disposition of the seed except as the department authorizes or directs. Unless the seed is brought into compliance with the law or rules and is released from the "stop sale" order, or other disposition is agreed upon in writing within 30 days after service of the order, the seed shall be disposed of as the department by notice in writing may direct. This shall not preclude the voluntary signing of a disposal agreement without the issuance of a "stop sale" order. Any notice or order hereunder may be served personally or by mail and shall have the effect of a special order under
s. 93.18 subject to review under
ch. 227 if within 10 days after service of any notice or order, the owner or custodian files with the department a written request for a hearing. Final disposition of the seed shall be stayed during pendency of the hearing but the "stop sale" order shall remain in effect.
94.46(2)
(2) Any lot of agricultural or vegetable seed not in compliance with
ss. 94.38 to
94.46, or rules thereunder, or not disposed of in accordance with any disposal agreement or order under
sub. (1), shall be subject to seizure on complaint of the department to a court of competent jurisdiction. If the court finds the seed to be in violation of law and orders the condemnation of said seed, it shall be denatured, processed, destroyed, relabeled or otherwise disposed of as the court directs.
94.46(3)
(3) In addition to or in lieu of other remedies provided for enforcement of
ss. 94.38 to
94.46, the department may apply to the circuit court for a temporary or permanent injunction to prevent, restrain, or enjoin any person from violating
ss. 94.38 to
94.46 or any rules or orders issued thereunder.
94.46(4)(a)(a) Any person violating
ss. 94.38 to
94.46 or rules promulgated thereunder shall forfeit not less than $100 nor more than $500 for the first offense. For any subsequent offense occurring within 5 years of a previous offense, the person shall forfeit, for each offense, not less than $200 nor more than $1,000. The 5-year period shall be measured from the dates of the violations which resulted in convictions.
94.46(4)(b)
(b) Any person who knowingly violates
ss. 94.38 to
94.46 or rules promulgated thereunder may be fined not more than $500 or imprisoned not more than 6 months or both.
94.46 History
History: 1985 a. 138.
94.50
94.50
Cultivated ginseng. 94.50(1)(1)
Definitions. In this section:
94.50(1)(a)
(a) "Cultivated ginseng" means ginseng dry root, live root, tissue culture or seed that is grown or nurtured in this state by a person.
94.50(1)(b)
(b) "Dealer" means a person who buys cultivated ginseng for the purpose of resale, except that it does not include a person who buys cultivated ginseng dry root solely for the purpose of final retail sale to consumers in the United States.
94.50(1)(d)
(d) "Grower" means a person who grows cultivated ginseng and who sells cultivated ginseng to a dealer.
94.50(1)(e)
(e) "Out-of-state cultivated ginseng" means ginseng that is grown or nurtured outside this state by a person.
94.50(2)
(2) Growers and dealers; registration. No person may act as a grower or a dealer unless he or she is registered with the department. Any person who acts as a dealer and a grower shall register as both. Registrations shall be made annually on a form provided by the department. Registrations expire on December 31 of each year. A dealer shall pay to the department an annual registration fee of $25. The department shall assign a registration number to each person registered under this subsection. All moneys collected under this subsection shall be credited to the appropriation account under
s. 20.115 (7) (ga).
94.50(3)
(3) Sale or shipment of cultivated ginseng. 94.50(3)(a)(a) Except as provided in
par. (f), no person may sell or ship cultivated ginseng to a dealer or ship cultivated ginseng out of this state unless the cultivated ginseng is accompanied by a valid completed shipment certificate which specifies the year of harvest. The person selling or shipping the cultivated ginseng shall complete a valid shipment certificate provided by the department. The person selling or shipping the cultivated ginseng shall on a valid form provided by the department report to the department within 30 days after the sale or shipment, the source of all of the cultivated ginseng included in the sale or shipment. Each person who completes a shipment certificate or report form shall retain a duplicate copy.
94.50(3)(b)
(b) The department shall upon request provide each registered grower and dealer with shipment certificates and report forms required under
par. (a). The department shall stamp each shipment certificate and report form with the registration number of the grower or dealer. A shipment certificate and report form is valid only if used during the registration period for which the stamp registration number of the grower or dealer was issued. The department may charge a reasonable fee to recover the costs related to providing shipment certificates and report forms. All moneys collected under this paragraph shall be credited to the appropriation account under
s. 20.115 (7) (ga).
94.50(3)(c)
(c) No dealer may purchase or receive cultivated ginseng unless it is accompanied by a completed shipment certificate. A dealer shall retain the original copy of each shipment certificate he or she receives.
94.50(3)(d)
(d) No dealer may purchase or receive out-of-state cultivated ginseng unless the ginseng is accompanied by a valid written certificate, issued by the state of origin, certifying that the shipment consists solely of out-of-state cultivated ginseng. The certificate shall include the source, year of harvest, and dry weight of the out-of-state cultivated ginseng included in the shipment. A dealer shall retain a copy of each written certificate he or she receives.
94.50(3)(e)
(e) No person may import out-of-state cultivated ginseng into this state, unless the imported shipment is accompanied by a valid shipment certificate issued by the state of origin. No person may ship out-of-state cultivated ginseng under a shipment certificate issued by this state.
94.50(3)(f)
(f) Paragraph (a) does not apply to a person who sells or ships cultivated ginseng dry root to a person outside of this state who is buying or receiving the cultivated ginseng dry root solely for the purpose of final retail sale to consumers in the United States, if the person selling or shipping keeps a written record of the sale or shipment which shall include all of the following:
94.50(3)(f)1.
1. The name and address of the purchaser or recipient.
94.50(3)(f)2.
2. The dry weight of the cultivated ginseng dry root included in the sale or shipment.
94.50(3)(f)4.
4. The source of all of the cultivated ginseng dry root included in the sale or shipment.
94.50(3)(f)5.
5. The year in which the cultivated ginseng dry root was harvested.
94.50(4)
(4) Inspection or submission of records. A dealer or grower shall make all records that are required to be kept under this section available upon request to the department for inspection and copying. A dealer or grower registered in this state shall submit all records upon request to the department that are kept outside of this state and that are required to be kept under this section.
94.50(5)
(5) False information. No person may include false information on any document or record required under this section, or submit false information to the department in connection with a registration under
sub. (2). No person may knowingly accept or retain a document or record required under this section that contains false information to facilitate the sale or shipment of ginseng in violation of this section or
s. 29.611.
94.50(6)
(6) Public inspection of documents and records. 94.50(6)(a)(a) Documents and records relating to transactions in cultivated ginseng dry root submitted under this section by a grower or dealer to the department are not open to public inspection.
94.50(6)(b)
(b) Documents and records relating to transactions in cultivated ginseng live root, tissue culture or seed which are submitted by a grower or dealer to the department under this section shall be open to public inspection under
subch. II of ch. 19.
94.50(7)
(7) Enforcement actions. The department may by an order deny, suspend or revoke the registration of a dealer or a grower and may invalidate shipment certificates completed by the dealer or grower, if the department finds that the dealer or grower has violated this section. The department may by a summary order and without prior notice or hearing, suspend or invalidate the registration and shipment certificates of a dealer or grower if the department finds that there is a need for immediate action to prevent a violation of this section. An order issued under this subsection shall be in writing, have the force and effect of an order issued under
s. 93.18, and is subject to a right of hearing before the department, if requested within 10 days after service. Hearings on summary orders shall be conducted within 10 days after receipt of a request for hearing. Enforcement of a summary order shall not be stayed pending the hearing.
94.50(8)
(8) Penalty. A person violating this section shall forfeit not more than $500 for each violation.
94.64(1)(1)
Definitions. As used in this section:
94.64(1)(a)
(a) "Brand or product name" means a name term, design or trademark used in connection with one or more grades of fertilizer and which identifies the product as fertilizer.
94.64(1)(b)
(b) "Bulk fertilizer" means fertilizer distributed in a nonpackaged form.
94.64(1)(c)
(c) "Custom mixed fertilizer" means a mixed fertilizer formulated according to individual specifications furnished by the consumer prior to mixing.
94.64(1)(d)
(d) "Distribute" means to import, consign, sell, offer for sale, solicit orders for sale, or otherwise supply fertilizer for sale or use in this state.
94.64(1)(e)
(e) "Fertilizer" means any substance, containing one or more plant nutrients, which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal or vegetable manures, marl, liming material, sewage sludge other than finished sewage sludge products, and wood ashes. "Fertilizer" includes fertilizer materials, mixed fertilizers, custom mixed fertilizers, nonagricultural fertilizers and all other fertilizers or mixtures of fertilizers, regardless of type or form.
94.64(1)(f)
(f) "Fertilizer material" means an element or chemical compound, or a substance manufactured by chemical reaction, which:
94.64(1)(f)2.
2. Constitutes a component of fertilizer or is used to compound fertilizer.
94.64(1)(fm)
(fm) "Finished sewage sludge product" means a product consisting in whole or in part of sewage sludge that is distributed to the public and that is disinfected by means of composting, pasteurization, wet air oxidation, heat treatment or other means.
94.64(1)(g)
(g) "Grade" means the percentage guarantee of total nitrogen, available phosphorus or available phosphate, and soluble potassium or soluble potash stated in the same order as listed in this paragraph.
94.64(1)(h)
(h) "Guaranteed analysis" means the percentage of each plant nutrient guaranteed or claimed to be present.
94.64(1)(i)
(i) "Label" means any written, printed or graphic matter on or attached to packaged fertilizer or which is used to identify fertilizer distributed in bulk or held in bulk storage.
94.64(1)(j)
(j) "Labeling" means all labels and other written, printed or graphic matter upon or accompanying fertilizer at any time, and includes advertising or sales literature.
94.64(1)(k)
(k) "Manufacture" means to process, granulate, compound, produce, mix, blend or alter the composition of fertilizer or fertilizer materials.
94.64(1)(L)
(L) "Mixed fertilizer" means a fertilizer containing any combination or mixture of fertilizer materials, or a fertilizer material and any other substance. A fertilizer material that contains impurities incident to the normal manufacturing or processing operations of that fertilizer material is not a mixed fertilizer as a result of the presence of such impurities unless the impurities are claimed as plant nutrients or fertilizer materials.
94.64(1)(Lm)
(Lm) "Nonagricultural fertilizer" means any fertilizer distributed for nonfarm use, such as for home gardens, lawns, shrubbery, flowers, golf courses, parks, cemeteries, greenhouses or nurseries or for research or experimental purposes.
94.64(1)(m)
(m) "Official sample" means a sample of fertilizer taken by a representative of the department in accordance with methods prescribed by department rules.
94.64(1)(n)
(n) "Packaged fertilizer" means any type of fertilizer sold in closed containers.
94.64(1)(o)
(o) "Percent" and "percentage" mean the percentage by weight.
94.64(1)(p)
(p) "Plant nutrient" means boron, calcium, chlorine, copper, iron, magnesium, manganese, molybdenum, nitrogen, phosphorus or available phosphate, potassium or potash, sodium, sulfur, zinc or any other chemical element recognized as a plant nutrient by department rule.
94.64(1)(pm)
(pm) "Sewage sludge" means the residue material resulting from the treatment of sewage. In this paragraph, "sewage" has the meaning specified in
s. 281.01 (13).
94.64(1)(q)
(q) "Special-use fertilizer" means fertilizer designed and labeled for use in remedying nutrient deficiencies which are unique to certain crops or certain local areas.
