SB297,3,1

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11. An employee of a person licensed under this section sub. (2).

SB297,3,43 94.10 (1) (d) 2. A nursery grower licensed under sub. (3) who only sells, offers
4for sale, or distributes nursery stock that the nursery grower has grown.

SB297,3,86 94.10 (1) (e) "Nursery grower" means a person who owns or operates a nursery
7in this state, except that "nursery grower" does not include an employee of a person
8licensed under sub. (3).

SB297,3,1310 94.10 (1) (f) "Nursery stock" means plants and plant parts that can be
11propagated or grown, excluding except that "nursery stock" does not include seeds,
12sod, cranberry cuttings, annuals and evergreen trees grown for eventual harvest and
13sale as, or cut Christmas trees.

SB297,3,1615 94.10 (2) (b) 2. The address of each location in this state at which the applicant
16proposes to hold nursery stock for sale or distribution.

SB297,3,1917 5. Other information reasonably required by the department for licensing
18purposes, including information related to the types and sources of nursery stock
19that the applicant sells or distributes from locations in this state.

SB297,3,2321 94.10 (2) (c) License fee. A Except as otherwise provided by the department
22by rule, a nursery dealer shall pay the following annual license fee, based on the
23nursery dealer's annual purchases calculated according to determined under par. (e):

SB297,3,2524 1. If the nursery dealer buys has annual purchases of no more than $5,000
25worth of nursery stock for resale, $30.

SB297,4,2

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12. If the nursery dealer buys has annual purchases of more than $5,000 but not
2more than $20,000 worth of nursery stock for resale, $50.

SB297,4,43 3. If the nursery dealer buys has annual purchases of more than $20,000 but
4not more than $100,000 worth of nursery stock for resale, $100.

SB297,4,65 4. If the nursery dealer buys has annual purchases of more than $100,000 but
6not more than $200,000 worth of nursery stock for resale, $150.

SB297,4,87 5. If the nursery dealer buys has annual purchases of more than $200,000 but
8not more than $500,000 worth of nursery stock for resale, $200.

SB297,4,109 6. If the nursery dealer buys has annual purchases of more than $500,000 but
10not more than $2,000,000 worth of nursery stock for resale, $300.

SB297,4,1211 7. If the nursery dealer buys has annual purchases of more than $2,000,000
12worth of nursery stock for resale but not more than $3,000,000, $400.

SB297,4,1514 94.10 (2) (c) 8. If the nursery dealer has annual purchases of more than
15$3,000,000, the amount of the nursery dealer's annual purchases times 0.0005.

SB297,4,2317 94.10 (2) (e) Annual purchases; nursery dealer. 1. For the purposes of par. (c)
18the amount of a nursery dealer's annual purchases is the total cost that the nursery
19dealer incurred during the nursery dealer's last completed fiscal year for all nursery
20stock that the nursery dealer acquired for sale or distribution from locations in this
21state, except as provided in subd. 2. The amount of a nursery dealer's annual
22purchases does not include the cost of nursery stock that the nursery dealer grows
23under a license under sub. (3) or an equivalent license in another state.

SB297,5,224 2. If a nursery dealer made no purchases of nursery stock during the nursery
25dealer's last completed fiscal year, the amount of annual purchases is the nursery

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1dealer's good faith prediction of purchases described in subd. 1. during the nursery
2dealer's current fiscal year.

SB297,5,64 94.10 (2) (f) 1. A person whose only sales of nursery stock are who sells or
5distributes nursery stock only at retail and whose total sales totaling less than from
6all locations in this state during the license year do not exceed $250 annually.

SB297,5,97 2. A person selling or offering to sell who sells or distributes nursery stock solely
8for the benefit of a nonprofit organization, for a period total of not more than 7
9consecutive days in this state during the license year.

SB297,5,1311 94.10 (3) (b) 2. The address of each location in this state at which the applicant
12operates a nursery, grows evergreen trees for eventual sale as Christmas trees or
13holds nursery stock or Christmas trees for sale or distribution.

SB297,5,1414 3. The license fee required under par. (c) and under par. (cm), if applicable.

SB297,5,1715 5. Other information reasonably required by the department for licensing
16purposes, including information related to the types of nursery stock that the
17applicant grows in this state.

SB297,5,2219 94.10 (3) (c) License fee. A Except as otherwise provided by the department
20by rule, a nursery grower shall pay the following annual license fee, based on the
21nursery grower's annual sales calculated according to determined under par. (e),
22plus the additional license fee under par. (cm), if applicable:

SB297,5,2423 1. If the nursery grower annually sells has annual sales of no more than $5,000
24worth of nursery stock, $40.

SB297,6,2

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12. If the nursery grower annually sells has annual sales of more than $5,000
2but not more than $20,000 worth of nursery stock, $75.

SB297,6,43 3. If the nursery grower annually sells has annual sales of more than $20,000
4but not more than $100,000 worth of nursery stock, $125.

SB297,6,65 4. If the nursery grower annually sells has annual sales of more than $100,000
6but not more than $200,000 worth of nursery stock, $200.

SB297,6,87 5. If the nursery grower annually sells has annual sales of more than $200,000
8but not more than $500,000 worth of nursery stock, $350.

SB297,6,109 6. If the nursery grower annually sells has annual sales of more than $500,000
10but not more than $2,000,000 worth of nursery stock, $600.

SB297,6,1211 7. If the nursery grower annually sells has annual sales of more than
12$2,000,000 worth of nursery stock, $1,200.

SB297,6,2115 94.10 (3) (d) Surcharge for operating without a license. In addition to the fee
16required under par. (c) and under par. (cm), if applicable, an applicant for a nursery
17grower license shall pay a surcharge equal to the amount of that fee if the department
18determines that, within 365 days before submitting that application, the applicant
19operated as a nursery grower without a license in violation of par. (a). Payment of
20the surcharge does not relieve the applicant of any other penalty or liability that may
21result from the violation, but does not constitute evidence of a violation of par. (a).

SB297,7,223 94.10 (3) (e) Annual sales; nursery grower. 1. For the purposes of par. (c) the
24amount of a nursery grower's annual sales is the nursery grower's gross receipts,
25during the nursery grower's last completed fiscal year, from the sale, consignment,

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1or other distribution of nursery stock that the nursery grower grew at nurseries in
2this state, except as provided in subd. 2.

SB297,7,63 2. If, during a nursery grower's last completed fiscal year, the nursery grower
4made no sales of nursery stock that the nursery grower grew at nurseries in this
5state, the amount of annual sales is the nursery grower's good faith prediction of
6sales described in subd. 1. during the nursery grower's current fiscal year.

SB297,7,118 94.10 (3) (f) 1. A nursery grower whose who sells or distributes nursery stock
9only sales of nursery stock and Christmas trees are at retail and whose total sales
10totaling less than from all locations in this state during the license year do not exceed
11$250 annually.

SB297,7,1412 2. A person growing who sells or distributes nursery stock only for sale solely
13for the benefit of a nonprofit organization, for a period total of not more than 7 days
14consecutive days in this state during the license year.

SB297,7,1916 94.10 (3g) (c) License fee. A Except as otherwise provided by the department
17by rule, a Christmas tree grower shall pay the following annual license fee, based on
18the Christmas tree grower's annual sales calculated according to determined under
19par. (d):

SB297,7,2120 1. If the Christmas tree grower annually sells has annual sales of no more than
21$5,000 worth of Christmas trees, $20.

SB297,7,2322 2. If the Christmas tree grower annually sells has annual sales of more than
23$5,000 but not more than $20,000 worth of Christmas trees, $55.

SB297,7,2524 3. If the Christmas tree grower annually sells has annual sales of more than
25$20,000 but not more than $100,000 worth of Christmas trees, $90.

SB297,8,2

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14. If the Christmas tree grower annually sells has annual sales of more than
2$100,000 but not more than $200,000 worth of Christmas trees, $150.

SB297,8,43 5. If the Christmas tree grower annually sells has annual sales of more than
4$200,000 but not more than $500,000 worth of Christmas trees, $250.

SB297,8,65 6. If the Christmas tree grower annually sells has annual sales of more than
6$500,000 but not more than $2,000,000 worth of Christmas trees, $450.

SB297,8,87 7. If the Christmas tree grower annually sells has annual sales of more than
8$2,000,000 worth of Christmas trees, $900.

SB297,8,1410 94.10 (3g) (d) Annual sales; Christmas tree grower. 1. For the purposes of par.
11(c) the amount of a Christmas tree grower's annual sales is the Christmas tree
12grower's gross receipts, during the Christmas tree grower's last completed fiscal
13year, from the sale, consignment, or other distribution of Christmas trees that the
14Christmas tree grower grew at locations in this state, except as provided in subd. 2.

SB297,8,1915 2. If, during a Christmas tree grower's last completed fiscal year, the Christmas
16tree grower made no sales of Christmas trees that the Christmas tree grower grew
17at locations in this state, the amount of annual sales is the Christmas tree grower's
18good faith prediction of sales described in subd. 1. during the Christmas tree grower's
19current fiscal year.

SB297,8,2421 94.10 (3g) (e) Exemption. Paragraph (a) does not apply to a Christmas tree
22grower whose only sales of who sells or distributes Christmas trees are only at retail
23and whose total Christmas tree sales totaling less than in this state during the
24license year do not exceed $250 annually.

SB297,9,5

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194.10 (3m) (b) The holder of a nursery grower license shall notify the
2department in writing before adding, during the license year, any new location at
3which the license holder will operate a nursery, grow evergreen trees for eventual
4sale as Christmas trees or hold Christmas trees or nursery stock for sale. The license
5holder shall specify the address of the new location in the notice.

SB297,9,77 94.10 (4) (title) Records.

SB297,9,139 94.10 (4) (a) Nursery dealers; records of nursery stock received. (intro.) A Each
10nursery dealer, nursery grower, and Christmas tree grower shall keep a record of
11every shipment of nursery stock received by the nursery dealer, nursery grower, or
12Christmas tree grower. The nursery dealer, nursery grower, or Christmas tree
13grower shall include all of the following in the record:

SB297,9,1514 2. The name and address of the source from which the nursery dealer received
15of the shipment.

SB297,9,2217 94.10 (4) (b) Nursery growers and dealers; records of shipments to other nursery
18growers and dealers stock shipped. (intro.) Each nursery grower and nursery dealer
19shall keep a record of every shipment of nursery stock that the nursery grower or
20nursery dealer sells or distributes to another nursery grower or, nursery dealer, or
21Christmas tree grower. The nursery grower or nursery dealer shall include all of the
22following in the record:

SB297,9,2423 2. The name and address of the nursery grower or, nursery dealer, or Christmas
24tree grower receiving the shipment.

SB297,10,4

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194.10 (4) (c) Records retained and made available. A nursery grower or nursery
2dealer person who is required to keep records under par. (a) or (b) shall retain those
3records for at least 3 years and shall make those records available to the department
4for inspection and copying by the department upon request.

SB297,10,116 94.10 (5) (b) Growers and dealers to report unlabeled Unlabeled shipments.
7Whenever any person tenders to a Each nursery grower or, nursery dealer, and
8Christmas tree grower shall promptly report to the department any shipment of
9nursery stock tendered to the nursery grower, nursery dealer, or Christmas tree
10grower that is not fully labeled according to par. (a), the nursery grower or nursery
11dealer shall promptly report that unlabeled shipment to the department.

SB297,10,1514 94.10 (7) (a) Nursery dealers. No nursery dealer may do any of the following:
152. Misrepresent misrepresent that the nursery dealer is a nursery grower.

SB297,10,2018 94.10 (7) (b) 3. Misrepresent the name, origin, grade, variety, quality, or
19hardiness of any nursery stock offered for sale or make any other false or misleading
20representation in the advertising or sale of nursery stock.

SB297,10,2322 94.10 (7) (c) Christmas tree grower. No Christmas tree grower may obtain
23nursery stock from any source other than an officially inspected source.