94.55(2g)(a)2.2. If required under federal law, failing to obtain a license or other required authorization from the department or from the U.S. department of agriculture. 94.55(2g)(a)3.3. Producing Cannabis sativa L. with a delta-9-tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis or the maximum concentration allowed by law up to 1 percent. 94.55(2g)(b)(b) A hemp producer who negligently violates this section or rules promulgated under this section shall comply with a plan established by the department to correct the negligent violation, which shall include all of the following: 94.55(2g)(b)1.1. A reasonable date by which the hemp producer is required to correct the negligent violation. 94.55(2g)(b)2.2. A requirement that the hemp producer periodically report to the department on the compliance of the hemp producer with the department’s plan for a period of not less than the following 2 years. 94.55(2g)(c)(c) A hemp producer who negligently violates this section or rules promulgated under this section 3 times in any 5-year period is ineligible to produce hemp for a period of 5 years beginning on the date of the 3rd violation. 94.55(2m)(2m) Greater violations. If the department determines that a hemp producer has violated this section or rules promulgated under this section with a culpable mental state greater than negligence, the department shall immediately report the hemp producer to the U.S. attorney general and the department of justice. 94.55(2p)(2p) Felony convictions. The department, with the assistance of the department of justice, shall, if required for federal authorization of this state’s hemp program, conduct a background investigation of any person who applies to the department to produce hemp in this state, which shall include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person’s fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. No person may produce hemp in this state for 10 years following any felony conviction relating to a controlled substance under state or federal law unless the person held a valid license, registration, or other authorization to produce hemp under a pilot program of any state authorized by section 7606 of the federal agricultural act of 2014 on December 20, 2018, and the felony conviction occurred prior to that date. 94.55(2r)(2r) False statement. Any person who materially falsifies any information contained in an application to participate in the hemp program established under this section is ineligible to participate in the program. 94.55(2t)(2t) Access to cannabidiol products. Nothing in this section or rules promulgated under this section shall be construed as limiting a person’s access to cannabidiol products under s. 961.32 (2m) (b). 94.55(3m)(a)2.2. Knowingly make an inaccurate claim about the content, delta-9-tetrahydrocannabinol concentration, quality, or origin of hemp or a hemp product in the course of transferring or selling the hemp or hemp product. 94.55(3m)(a)3.3. Knowingly sell at retail mislabelled hemp or hemp products. 94.55(3m)(b)(b) The department shall investigate violations of par. (a). The department, or any district attorney or the department of justice upon the request of the department, may on behalf of the state do any of the following: 94.55(3m)(b)1.1. Bring an action for temporary or permanent injunctive relief in any court of competent jurisdiction for any violation of par. (a). 94.55(3m)(b)2.2. Bring an action in any court of competent jurisdiction for the recovery of a civil forfeiture against any person who violates par. (a) in an amount not more than $1,000 for each violation. 94.55(3m)(c)(c) In addition to any other remedies provided by law, any person suffering a pecuniary loss because of a violation of par. (a) may bring a civil action to recover damages together with costs and disbursements, including reasonable attorney fees, and for equitable relief as determined by the court. 94.55(3r)(3r) Private cause of action for grower contracts. Any contract to purchase hemp from a hemp grower in this state shall provide that payment will be made to the grower within 7 days of taking possession of the hemp, unless the grower voluntarily and knowingly agrees to a different method of payment. In addition to any other remedies provided by law, any person suffering a pecuniary loss because of a violation of this subsection may bring a civil action to recover damages together with costs and disbursements, including reasonable attorney fees, notwithstanding s. 814.04 (1), and for equitable relief as determined by the court. 94.55(3w)(3w) Emergency rules. When promulgating rules under this section, the department may, as necessary, use the procedure under s. 227.24 to promulgate emergency rules. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), initial emergency rules and subsequent emergency rules promulgated under this subsection remain in effect until the date on which permanent rules take effect. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval. 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 HistoryHistory: 2017 a. 100; 2019 a. 68. 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.