94.65(7)(f)(f) Distribute a soil or plant additive under a label which has not been filed with the department.
94.65(7)(g)(g) Imply or directly state that the department endorses or warrants the efficacy of a soil or plant additive.
94.65(8)(8)Inspection, sampling and analysis.
94.65(8)(a)(a) The department may inspect, sample and analyze a soil or plant additive distributed in this state and investigate possible violations of this section and of rules promulgated under this section.
94.65(8)(b)(b) The department may enter at all reasonable times any building, conveyance or premises used in the manufacture or distribution of soil or plant additives in this state to inspect or sample a soil or plant additive.
94.65(8)(c)(c) Upon request of the department, a distributor of a soil or plant additive shall provide the department with a product sample, copy of advertising or label or any other data or information concerning the composition of the soil or plant additive or concerning any claim or representation made in connection with the soil or plant additive.
94.65(9)(9)Rules. The department may promulgate rules to implement and administer this section.
94.65(10)(10)Enforcement.
94.65(10)(a)(a) Temporary holding order.
94.65(10)(a)1.1. If the department has reasonable cause to believe that a soil or plant additive is being distributed in this state in violation of this section or of rules promulgated under this section, the department may serve a written order upon the owner or custodian of the soil or plant additive, temporarily prohibiting the distribution or movement of the product, pending further inspection, sampling or laboratory analysis. No person may distribute or move for any purpose the soil or plant additive described in the temporary holding order while the order is in effect unless the department has approved the distribution or movement.
94.65(10)(a)2.2. The temporary holding order remains in effect for 60 days after the date of service, unless the order is terminated earlier by the department under subd. 3.
94.65(10)(a)3.3. If the department determines that the distribution of the soil or plant additive does not violate this section or rules promulgated under this section, the department shall promptly terminate the temporary holding order by giving written notice to the owner or custodian.
94.65(10)(b)(b) Extended holding order.
94.65(10)(b)1.1. If the department determines that the distribution of the soil or plant additive is in violation of this section or of rules promulgated under this section, the department may extend the order by serving written notice on the owner or custodian of the soil or plant additive. No person may distribute, move or dispose of the soil or plant additive described in the extended holding order unless the department has approved the distribution, movement or disposition.
94.65(10)(b)2.2. An extended holding order remains in effect until the department and the owner or custodian of the soil or plant additive have agreed on conditions of final disposition of the soil or plant additive or until the department authorizes or directs other disposition.
94.65(10)(c)(c) Right to hearing. Holding orders under pars. (a) and (b) are subject to a right of hearing before the department if a request for hearing is made within 10 days after the date of service of the notice of the temporary or extended holding order.
94.65(10)(d)(d) Injunction. Upon petition of the department, any court having equity jurisdiction may grant an injunction or order under s. 813.025 (2) for any violation of this section or of rules promulgated under this section.
94.65(11)(11)Penalties.
94.65(11)(a)(a) Any person who violates this section or a rule promulgated under this section shall forfeit not more than $500 for each violation.
94.65(11)(b)(b) Any person who willfully violates this section shall be fined not more than $5,000 or imprisoned not more than one year in the county jail or both. Restitution shall be in accordance with s. 973.20, except that an injured party shall receive the amount determined under s. 973.20 plus $50.
94.65(12)(12)Damages. Any person suffering damages because of a violation of this section by another person may sue for damages in any court of competent jurisdiction and may recover twice the amount of the proven loss, together with costs including reasonable attorney fees, notwithstanding s. 814.04 (1).
94.65 HistoryHistory: 1985 a. 147; 1987 a. 398; 1989 a. 31; 1991 a. 39, 112; 1993 a. 16; 1995 a. 176, 227; 1997 a. 27, 191; 2017 a. 59.
94.6694.66Sale of agricultural lime; license; penalty.
94.66(1)(1)Unless the context requires otherwise:
94.66(1)(am)(am) “Liming material” means any material which contains calcium or calcium and magnesium compounds, is capable of neutralizing soil acidity and is manufactured, sold or distributed for the purpose of neutralizing soil acidity or liming barns. “Liming material” includes any form of limestone, quicklime, hydrated lime, marl, paper mill refuse lime, blast furnace slag or mine tailings.
94.66(1)(b)(b) “Person” means an individual, firm, association, limited liability company, corporation or county.
94.66(2)(2)No person may engage in the business of selling or distributing liming material in this state without first obtaining a license therefor from the department unless the person is engaged in the business of selling or distributing such product produced by another already licensed to do business under this section.
94.66(3)(3)Application for license shall be made upon forms furnished upon request by the department and shall state the applicant’s name and business address, the exact location of places of manufacture of the applicant’s products, a description of the products that are to be sold, and any other information that the department requires. An application may be amended upon written notice from the applicant.
94.66(4)(4)Each application shall be accompanied by a fee of $10.