Wisconsin Legislature: 28,2009

28,1991 Section 1991. 94.38 (22) of the statutes is repealed.

28,1992 Section 1992. 94.38 (23) of the statutes is repealed.

28,1993 Section 1993. 94.38 (24) of the statutes is repealed.

28,1994 Section 1994. 94.385 of the statutes is amended to read:

94.385 Seed label locations requirements. (1) Each No person may sell, distribute, or offer or expose for sale in this state a container of agricultural seed 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 unless the container bears or has attached to it in a conspicuous place a label containing the information specified in s. 94.39 required by the department by rule.

(2) Except as provided under s. 94.43 (2), each no person may sell in this state a bulk lot of agricultural or vegetable seed sold within this state for seeding or sprouting purposes shall include unless the person includes with the invoice or shipping document furnished the purchaser at time of delivery a label containing the information specified in s. 94.39 required by the department by rule.

28,1995 Section 1995. 94.39 of the statutes is repealed.

28,1996 Section 1996. 94.40 (1) of the statutes is repealed.

28,1997 Section 1997. 94.40 (2) of the statutes is amended to read:

94.40 (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 seed and vegetable seed in the state.

28,1998 Section 1998. 94.40 (3) of the statutes is amended to read:

94.40 (3) The Wisconsin Crop Improvement Association, in cooperation with the University of Wisconsin-Madison College of Agricultural and Life Sciences and the department, shall establish standards and procedures for the certification of agricultural seed and vegetable seed, subject to approval of the department. Standards and procedures established under this subsection shall comply with rules promulgated by the department and be no less stringent than those prescribed by the association of official seed certifying agencies Association of Official Seed Certifying Agencies.

28,1999 Section 1999. 94.40 (4) of the statutes is created to read:

94.40 (4) The Wisconsin Crop Improvement Association, in cooperation with the University of Wisconsin-Madison College of Agricultural and Life Sciences and the department, shall be the certifying agency for the certification of weed free mulch, hay, and straw, and shall base its certifications on the standards of the North American Weed Management Association.

28,2000 Section 2000. 94.41 (1) (a) of the statutes is amended to read:

94.41 (1) (a) Unless the test to determine the percentage of germination required under s. 94.39 by the department by rule is completed within a 12-month period immediately prior to the date it end of the month in which the seed 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 seed packaged in hermetically sealed containers may be sold, distributed or offered or exposed for sale under such any conditions as that the department may prescribe prescribes by rule, for a period of 36 months following the end of the month in which the seeds are seed is tested. No seeds seed in hermetically sealed containers shall may be sold, distributed or offered or exposed for sale beyond such that 36-month period unless it is 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 immediately prior to the end of the month in which it is sold, distributed, or offered or exposed for sale and the retested seed is labeled with the extended expiration date.

28,2001 Section 2001. 94.41 (1) (b) of the statutes is amended to read:

94.41 (1) (b) Not labeled in accordance with s. 94.39 rules promulgated by the department, or containing any labeling statements which modify or deny label information required under s. 94.39 rules promulgated by the department, or having any other false or misleading labeling.

28,2002 Section 2002. 94.41 (1) (e) of the statutes is repealed.

28,2003 Section 2003. 94.41 (1) (f) of the statutes is repealed.

28,2004 Section 2004. 94.41 (1) (g) of the statutes is repealed.

28,2005 Section 2005. 94.41 (2) (a) of the statutes is amended to read:

94.41 (2) (a) To detach, alter, deface or destroy any label attached to or accompanying seed, or to alter or substitute seed in a manner which would defeat the purposes of s. 94.39 the rules of the department relating to the labeling of seed or result in the sale or distribution of seed in violation of ss. 94.38 to 94.46 or rules thereunder promulgated under those sections.

28,2006 Section 2006. 94.41 (2) (e) of the statutes is amended to read:

94.41 (2) (e) To use the word "trace" as a substitute for any labeling required under s. 94.39 rules of the department relating to the composition of seeds or seed mixtures.

28,2007 Section 2007. 94.43 (1) of the statutes is amended to read:

94.43 (1) Every person whose name and address are required to appear on the label of any seed as the labeler or person responsible for the labeling thereof of the seed under s. 94.39, or the rules of the department relating to the labeling of seed, and every person who opens any bag or container of seed and sells any part of the seed contained therein, shall obtain a seed labeler's license from the department before selling, distributing or offering or exposing, such the seed for sale in this state.

28,2008 Section 2008. 94.43 (3) (intro.) of the statutes is amended to read:

94.43 (3) (intro.) 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, except that the department may specify different fees by rule:

28,2009 Section 2009. 94.43 (3) (b) of the statutes is amended to read:

94.43 (3) (b) For gross sales that are $10,000 or more but less than $25,000 $50,000: $50.

28,2010 Section 2010. 94.43 (3) (c) of the statutes is amended to read:

94.43 (3) (c) For gross sales that are $25,000 $50,000 or more but less than $75,000 $100,000: $100.

28,2011 Section 2011. 94.43 (3) (d) of the statutes is amended to read:

94.43 (3) (d) For gross sales that are $75,000 $100,000 or more but less than $200,000: $150 $250,000: $300.

28,2012 Section 2012. 94.43 (3) (e) of the statutes is amended to read:

94.43 (3) (e) For gross sales that are $200,000 $250,000 or more: $200 but less than $500,000: $500.

28,2013 Section 2013. 94.43 (3) (f) of the statutes is created to read:

94.43 (3) (f) For gross sales that are $500,000 or more but less than $1,000,000: $750.

28,2014 Section 2014. 94.43 (3) (g) of the statutes is created to read:

94.43 (3) (g) For gross sales that are $1,000,000 or more but less than $10,000,000: $1,000.

28,2015 Section 2015. 94.43 (3) (h) of the statutes is created to read:

94.43 (3) (h) For gross sales that are $10,000,000 or more but less than $100,000,000: $1,500.

28,2016 Section 2016. 94.43 (3) (i) of the statutes is created to read:

94.43 (3) (i) For gross sales that are $100,000,000 or more: $2,500.

28,2017 Section 2017. 94.44 of the statutes is amended to read:

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 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 thereof of the seed, except that a file sample of such the seed need be kept for only one year. This and except that this section shall not be construed as requiring 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.

28,2018 Section 2018. 94.45 (intro.) and (1) to (5) of the statutes are renumbered 94.45 (1) (intro.) and (a) to (e).

28,2019 Section 2019. 94.45 (6) of the statutes is repealed and recreated to read:

94.45 (6) The department shall promulgate rules that do all of the following:

(a) Prescribe standards for the labeling, distribution, and sale of agricultural seed and vegetable seed.

(b) Govern methods of sampling, inspecting, analyzing, testing, and examining agricultural seed and vegetable seed.

(d) Prescribe tolerances for the occurrence of noxious weed seeds in agricultural seed and vegetable seed.

(e) Identify noxious weeds and prohibited noxious weeds.

(f) Govern the issuance of seed labeler licenses.

(g) Govern the administration and enforcement of ss. 94.38 to 94.46.

28,2021 Section 2021. 95.55 (2) of the statutes is amended to read:

95.55 (2) Application. A person shall register under this section using a form provided by the department. The form shall be accompanied by the fee applicable fees specified under sub. (3). Upon registration, the department shall issue the person a registration certificate.

28,2022 Section 2022. 95.55 (3) (title) of the statutes is repealed and recreated to read:

95.55 (3) (title) Registration fee; reinspection fee.

28,2023 Section 2023. 95.55 (3) of the statutes is renumbered 95.55 (3) (a).

28,2024 Section 2024. 95.55 (3) (b) of the statutes is created to read:

95.55 (3) (b) 1. If the department reinspects the premises where farm-raised deer are kept because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the person registered under this section the reinspection fee specified under subd. 2.

2. The department shall specify the reinspection fee to be charged under subd. 1. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the premises. The department may specify different reinspection fees for different premises.

3. A reinspection fee under this paragraph is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a registration renewal application form to the person registered to keep farm-raised deer under this section.

28,2025 Section 2025. 95.60 (4) (a) of the statutes is amended to read:

95.60 (4) (a) The department shall may inspect a fish farm upon initial registration under sub. (3m). The department may inspect a fish farm and at any other time.

28,2026 Section 2026. 95.60 (5) of the statutes is amended to read:

95.60 (5) The department shall, by rule, specify the fees for permits, certificates, registration and inspections under this section, including any reinspection fees required under sub. (5m).

28,2027 Section 2027. 95.60 (5m) of the statutes is created to read:

95.60 (5m) (a) If the department reinspects a fish farm because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the fish farm operator the reinspection fee specified under par. (b).

(b) The department shall specify the reinspection fee to be charged under par. (a) by rule. The reinspection fee may not exceed the reasonable costs to reinspect the fish farm. The department may specify different reinspection fees for different fish farms.

(c) A reinspection fee under this subsection is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a registration renewal application form to the fish farm operator.

28,2028 Section 2028. 95.68 (4) of the statutes is repealed and recreated to read:

95.68 (4) License fee; reinspection fee. (a) The department shall, by rule, specify the fee for an animal market license issued under this section.

(b) 1. If the department reinspects an animal market because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the animal market operator the reinspection fee specified under subd. 2.

2. The department shall specify the reinspection fee to be charged under subd. 1. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the animal market. The department may specify different reinspection fees for different animal markets.

3. A reinspection fee under this paragraph is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal market operator.

28,2029 Section 2029. 95.68 (8) of the statutes is amended to read:

95.68 (8) Rules. The department may promulgate rules to specify license fees under sub. (4) or to regulate the operation of animal markets, including rules related to market operator qualifications, market construction and maintenance, construction and maintenance of animal transport vehicles, identification of animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.

28,2030 Section 2030. 95.69 (4) (title) of the statutes is repealed and recreated to read:

95.69 (4) (title) License fee; reinspection fee.

28,2031 Section 2031. 95.69 (4) of the statutes is renumbered 95.69 (4) (a) and amended to read:

95.69 (4) (a) Unless the The department specifies a different fee shall, by rule, specify the fee for an animal dealer license is $75 issued under this section.

28,2032 Section 2032. 95.69 (4) (b) of the statutes is created to read:

95.69 (4) (b) 1. If the department reinspects an animal dealer operation because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the animal dealer the reinspection fee specified under subd. 2.

2. The department shall specify the reinspection fee to be charged under subd. 1. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the animal dealer operation. The department may specify different reinspection fees for different animal dealer operations.

3. A reinspection fee under this paragraph is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal dealer.