94.43(3)(d)
(d) For gross sales that are $100,000 or more but less than $250,000: $300.
94.43(3)(e)
(e) For gross sales that are $250,000 or more but less than $500,000: $500.
94.43(3)(f)
(f) For gross sales that are $500,000 or more but less than $1,000,000: $750.
94.43(3)(g)
(g) For gross sales that are $1,000,000 or more but less than $10,000,000: $1,000.
94.43(3)(h)
(h) For gross sales that are $10,000,000 or more but less than $100,000,000: $1,500.
94.43(3)(i)
(i) For gross sales that are $100,000,000 or more: $2,500.
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 under rules of the department shall maintain complete records of each lot of seed sold or labeled for a period of 2 years after final sale or disposition of the seed, except that a file sample of the seed need be kept for only one year and except that this section does not require 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.
94.44 History
History: 2009 a. 28.
94.45
94.45
Powers and authority of the department. 94.45(1)(1)
The department is authorized:
94.45(1)(a)
(a) 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(1)(b)
(b) To establish and maintain a seed laboratory for the testing and analysis of seed.
94.45(1)(c)
(c) 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(1)(d)
(d) To cooperate with the U.S. department of agriculture and other agencies in seed law enforcement.
94.45(1)(e)
(e) 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) The department shall promulgate rules that do all of the following:
94.45(6)(a)
(a) Prescribe standards for the labeling, distribution, and sale of agricultural seed and vegetable seed.
94.45(6)(b)
(b) Govern methods of sampling, inspecting, analyzing, testing, and examining agricultural seed and vegetable seed.
94.45(6)(c)
(c) Prescribe tolerances for purity and rate of germination of agricultural seed and vegetable seed.
94.45(6)(d)
(d) Prescribe tolerances for the occurrence of noxious weed seeds in agricultural seed and vegetable seed.
94.45(6)(e)
(e) Identify noxious weeds and prohibited noxious weeds.
94.45(6)(f)
(f) Govern the issuance of seed labeler licenses.
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, other than an individual who is eligible for the veterans fee waiver program under s.
45.44, 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.
94.55
94.55
Industrial hemp. 94.55(1)(1)
Definition. In this section, “industrial hemp” means the plant Cannabis sativa, or any part of the plant including the seeds, having a delta-9-tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent, whichever is greater. “Industrial hemp” includes a substance, material, or product only if it is designated as a controlled substance under the federal Controlled Substances Act under
21 USC 801 to
971 or the Uniform Controlled Substances Act under ch.
961 or both.
94.55(2)
(2) Regulation of industrial hemp. 94.55(2)(a)
(a) Subject to the provisions under this subsection, a person may plant, grow, cultivate, harvest, sample, test, process, transport, transfer, take possession of, sell, import, and export industrial hemp in this state to the greatest extent allowed under federal law.
94.55(2)(b)1.1. The department shall promulgate rules regulating the activities described in par.
(a).
94.55(2)(b)2.
2. Except as provided under subds.
3. to
6. and subs.
(3) and
(4), rules promulgated under this paragraph shall regulate the activities described in par.
(a) only to the extent required under federal law, and in a manner that allows the people of this state to have the greatest possible opportunity to engage in those activities.
94.55(2)(b)3.
3. The department shall promulgate rules, as necessary, to ensure the quality of industrial hemp grown or processed in this state, the security of activities related to industrial hemp, and the safety of products produced from industrial hemp, including any necessary testing; to verify adherence to laws and rules governing activities related to industrial hemp; and to enforce violations of those laws and rules.
94.55(2)(b)4.
4. The department shall require the payment of an initial fee from any person who plants, grows, or cultivates industrial hemp in this state equal to the greater of $150 or $5 multiplied by the number of acres on which the person will plant, grow, or cultivate industrial hemp, but not to exceed $1,000. The department may also impose an annual fee on any person whose activities related to industrial hemp are regulated by the department under this paragraph, in an amount not to exceed an amount sufficient to cover the costs to the department of regulating those activities, as determined by the department by rule.
94.55(2)(b)5.
5. The department shall ensure that any of the following information that is in the department's possession is confidential and not open to public inspection or copying under s.
19.35 (1), except that it shall be made available to a law enforcement agency or law enforcement officer:
94.55(2)(b)5.a.
a. Information relating to the locations of industrial hemp fields and processing locations.
94.55(2)(b)5.b.
b. Personally identifiable information relating to a person who is lawfully engaging in activities related to industrial hemp.
94.55(2)(b)5.c.
c. Information obtained about an individual as a result of any criminal history search performed in relation to authorizing the individual to engage in activities related to industrial hemp.
94.55(2)(b)5.d.
d. Any other information about activities related to industrial hemp that could create a security risk if disclosed.
94.55(2)(b)6.
6. The department shall promulgate rules setting forth the factors to be considered when determining whether to refer a person for prosecution under s.
961.32 (3) (c).
94.55(2)(c)
(c) The department shall establish and administer a certification program, or shall designate a member of the Association of Official Seed Certifying Agencies or a successor organization to administer a certification program, for industrial hemp seed in this state. A certification program under this paragraph shall include the testing and certification of delta-9-tetrahydrocannabinol concentrations in hemp plants. Participation in the certification program shall be voluntary for growers and cultivators of industrial hemp. The department shall promulgate rules for the administration of any certification program established and administered by the department under this paragraph.
94.55(2)(d)
(d) The department of justice shall provide information to the department that the department has identified, by rule, as necessary to administer the provisions under this subsection.
94.55(2)(e)
(e) The department may seek federal approval to serve as an importer of industrial hemp seed.
94.55(3)
(3) Pilot program. The department shall create a pilot program to study the growth, cultivation, and marketing of industrial hemp. The department shall promulgate rules to implement the pilot program consistent with the authority under sub.
(2) (b). The department shall also do all of the following as part of the pilot program:
94.55(3)(a)
(a) Issue licenses that authorize the planting, growing, cultivating, harvesting, sampling, testing, processing, transporting, transferring, taking possession, selling, importing, and exporting of industrial hemp. The department shall identify the requirements for applying for a license, approving or denying a license, and suspending or revoking a license, and shall identify the restrictions and obligations that apply to operating under a license. As part of the application process, the department shall require an applicant to provide the global positioning system coordinates of the centers of all fields on which the industrial hemp will be planted, grown, cultivated, or harvested. The department shall obtain a criminal history search from the records maintained by the department of justice for each applicant and may not issue a license if the applicant has ever been convicted of a criminal violation of the federal Controlled Substances Act under
21 USC 801 to
971, the Uniform Controlled Substances Act under ch.
961, or any controlled substances law of another state, as indicated in the information obtained from the criminal history search. A license issued under this paragraph does not expire unless the pilot program under this subsection expires or the license is revoked.
94.55(3)(b)
(b) Create a registration system that authorizes the sampling, testing, processing, transporting, transferring, taking possession, selling, importing, and exporting of industrial hemp. The department shall obtain a criminal history search from the records maintained by the department of justice for each person applying for registration and may not register an applicant who has been convicted of a criminal violation of the federal Controlled Substances Act under
21 USC 801 to
971, the Uniform Controlled Substances Act under ch.
961, or any controlled substances law of another state, as indicated in the information obtained from the criminal history search.
94.55(3)(c)
(c) Create a form to accompany any transfer of industrial hemp. The department shall identify the information to be included in the form, which shall include any test results showing the delta-9-tetrahydrocannabinol concentration of the industrial hemp being transferred, the amount of industrial hemp being transferred, and the full chain of custody of the industrial hemp being transferred for all transfers of the industrial hemp until it is processed in such a way that it no longer meets the definition under sub.
(1), at which point the form shall be submitted to the department.
94.55(4)
(4) Penalties. A person who violates any provision of this section, or an order issued or rule promulgated under this section, may be required to forfeit not less than $200 nor more than $5,000 or, for an offense committed within 5 years of an offense for which a penalty has been assessed under this section, may be required to forfeit not less than $400 nor more than $10,000.
94.55 History
History: 2017 a. 100.
