94.10(2)(a)(a) The department shall inspect any nursery, heeling-in ground or other premises on which nursery stock is kept for sale in the state at such intervals as the department considers necessary. Every nurseryman and dealer shall maintain facilities which are adequate for the care and keeping of nursery stock in a healthy and viable condition pending sale. Every nurseryman and dealer shall remove from sale any nursery stock incapable of reasonable growth and remove from sale and treat or destroy stock infested or infected with injurious pests to prevent the spread of further infection or infestation. No nurseryman or dealer may buy, sell or distribute nursery stock except from officially inspected sources, or sell or distribute nursery stock infested or infected with injurious plant pests or in such damaged or desiccated condition as to be incapable of reasonable growth.
94.10(2)(b)
(b) By notice in writing the department may require a nurseryman or dealer to hold any variety of nursery stock for inspection or reinspection whenever such action is necessary to determine that it is free from pests. The department may further order the removal from sale and the treatment or destruction of any nursery stock infested or infected with injurious pests or stock which is not viable or is in such damaged or desiccated condition as to be incapable of reasonable growth. No compensation shall be paid for any stock ordered destroyed. Any notice or order hereunder shall have the effect of a special order under
s. 93.18 and may be appealed to the department as provided under
s. 94.01 (2).
94.10(3)(a)(a) No person may engage as a nurseryman in this state without a license from the department. Such license expires on March 31 of each year. Applications for license shall be submitted on a form prescribed by the department, and shall be accompanied by payment of the required fee. The fee for nurserymen whose gross annual sales of nursery stock do not exceed $5,000 is $10. The fee for nurserymen whose gross annual sales exceed $5,000 is based on total acreage and is as follows: $35 for less than 10 acres; and $35 for 10 acres or more with an additional acreage fee of $25 for each 25 acres or fraction thereof for all acreage in excess of 10. Nurserymen selling nursery stock from a supply on hand at other than a nursery location shall pay an additional fee of $25 for each such place of business. Each nurseryman shall buy, sell and distribute only nursery stock from officially inspected sources. Upon request of the department, the nurseryman shall furnish a list of all sources from which the nursery stock is secured and all locations where such stock is sold. No license is transferable.
94.10(3)(b)1.1. In addition to the fees under
par. (a), an applicant for a license under
par. (a) shall pay a surcharge to the department in the following amount:
94.10(3)(b)1.a.
a. If the applicant's gross annual sales of nursery stock are not more than $5,000, $20.
94.10(3)(b)1.b.
b. If the applicant's gross annual sales of nursery stock are more than $5,000 and the applicant's nursery is less than 10 acres, $90.
94.10(3)(b)1.c.
c. If the applicant's gross annual sales of nursery stock are more than $5,000 and the applicant's nursery is 10 acres or more, the sum of $90 plus $10 for each 25 acres or fraction of 25 acres in excess of 10.
94.10(3)(b)1.d.
d. If the applicant sells nursery stock from a supply on hand at other than a nursery location, $30 for each such place of business.
94.10(4)(a)(a) Every dealer before offering nursery stock for sale or distributing or soliciting orders for nursery stock shall secure a dealer's license from the department. Each applicant for license shall certify that the applicant will buy and distribute only nursery stock from officially inspected sources. Each dealer shall maintain with the department a list of all sources from which nursery stock is secured and all locations where such stock is sold. License applications shall be submitted on a form prescribed by the department and shall be accompanied by a fee for each place of business where nursery stock will be sold by the applicant. The amount of such fee is $25 for each place of business. A dealer's license expires on March 31 of each year. No license is transferable.
94.10(4)(am)
(am) In addition to the license fee required under
par. (a), an applicant for a license under
par. (a) shall pay a surcharge of $30. The amounts collected under this paragraph shall be credited to the appropriation under
s. 20.115 (7) (j).
94.10(4)(b)
(b) No dealer may sell, offer for sale or have in possession any nursery stock which has not been officially inspected as provided in this section.
94.10(5)
(5) The department may enter into reciprocal agreements with other states for the recognition of official license and inspection certificates. Nursery stock owned by persons from such states may be sold and delivered in this state without license or fee, if like privileges are accorded to persons from this state in such other states, and the department finds that such states require inspection equal to that required in this state, except that any nonresident nurseryman or dealer having a place of business in this state shall obtain a license and pay the fees required by this section.
94.10(6)
(6) Labeling nursery stock; retail sales. 94.10(6)(a)(a) Every nurseryman or dealer shall attach to the outside of each package, box, bale or lot of nursery stock shipped or otherwise delivered, a tag or label bearing the name and address of such licensee and a certification by the nurseryman or dealer that such nursery stock is from officially inspected sources. The requirements of this paragraph shall not apply to nursery stock sold and delivered at the place of business of a nurseryman or dealer who has there conspicuously posted the license certificate.
94.10(6)(b)
(b) It is unlawful to accept for shipment any nursery stock unless it bears a certificate as provided in
par. (a). In case any nursery stock is shipped in or into this state without the certificate plainly affixed, the fact must be promptly reported to the department by the carrier, stating the consignor and the consignee and the nature of the shipment. Every common carrier when directed by the department shall notify it of any or all shipments of nursery stock, giving the name of the consignor, the consignee, and the nature of the shipment and shall hold such shipment subject to the order of the department.
94.10(6)(c)
(c) Nursery stock sold at retail shall bear a tag or label giving the common or botanical name of such plants.
94.10(7)
(7) Misrepresentation. It is unlawful for any person:
94.10(7)(a)
(a) To misrepresent the name, origin, grade, variety, quality or hardiness of any nursery stock offered for sale, or to make any other false or misleading representation of any kind, in connection with the advertising or sale of nursery stock.
94.10(7)(b)
(b) To represent, by name or otherwise, that the person is a nurseryman or conducts a nursery business when such is not the case.
94.10(7)(c)
(c) To make a false declaration of nursery stock acreage or gross annual sales to the department, or to conceal nursery stock to avoid inspection. Every person selling nursery stock, upon the request of the department, must furnish copies of the person's order forms, contracts and other records or documents relating to acreage or gross sales.
94.10(7)(d)
(d) To sell or ship any nursery stock bearing an outdated, altered or otherwise invalid certificate.
94.11
94.11
Special inspections; fees. Persons applying for any special inspection and certification of nursery stock or other plants or material as to freedom from infestation or infection shall pay a reasonable fee to cover travel and other expenses of the department.
94.11 History
History: 1975 c. 394 s.
23; Stats. 1975 s. 94.11.
94.26
94.26
Cranberry culture; maintenance of dams, etc. Any person owning lands adapted to the culture of cranberries may build and maintain on any land owned by the person such dams upon any watercourse or ditch as shall be necessary for the purpose of flowing such lands, and construct and keep open upon, across and through any lands such drains and ditches as shall be necessary for the purpose of bringing and flooding or draining and carrying off the water from such cranberry growing lands, or for the purpose of irrigation, fertilization and drainage of any other lands owned by the person; provided, that no such dams or ditches shall injure any other dams or ditches theretofore lawfully constructed and maintained for a like purpose by any other person.
94.26 History
History: 1993 a. 492.
94.26 Annotation
See note to 30.18, citing State v. Zawistowski, 95 W (2d) 250, 290 NW (2d) 303 (1980).
94.27
94.27
Liability for damages. The person so building or maintaining any such dam or constructing or keeping open any such ditch or drain shall be liable to the persons whose lands are overflowed or otherwise injured by such dam, ditch or drain for the full sum of damages so sustained, which shall be ascertained and recovered in the manner following and not otherwise. If the person claiming any such damages cannot agree with the person liable to pay the same, the person claiming the damages shall select one disinterested arbitrator and give notice thereof to the person from whom such damages are claimed, who shall, within ten days after the receipt of such notice, select another disinterested arbitrator, not of kin to any of the parties interested in maintaining such dams, ditches or drains, and give notice thereof to the claimant and to each of the persons so selected as arbitrators.
94.27 History
History: 1993 a. 492.
94.28
94.28
Arbitrators to fix damages. The persons selected as arbitrators shall, within twenty days after such notice, appoint some disinterested third person to act as arbitrator with them and fix a time and place at which the arbitrators shall meet to determine the damages which the claimant ought to have, and give notice thereof to the parties interested. At the time and place so fixed, the arbitrators shall view the premises and hear the proofs and allegations of the parties, and within ten days thereafter the arbitrators, or any two of them, shall make duplicate statements of the proceedings had by them and of the amount by them ordered to be paid to the claimant for the claimant's damages and the amount to be paid by the respective parties for their fees and the costs of such proceedings, and deliver to each party a copy thereof. Within twenty days thereafter the amount so ordered shall be paid by the party of whom required unless an appeal be taken as hereinafter provided.
94.28 History
History: 1993 a. 492.
94.29
94.29
Appeal. If either party is not satisfied with the award the party may, within 10 days after the delivery of the copy thereof to him or her, serve upon either of the arbitrators notice of appeal from their award to the circuit court of the county in which the lands or any part thereof are situated and pay to the arbitrators the whole amount of their fees plus the fee prescribed in
s. 814.61 (8) (am) 1.; and if the party required to pay the damages gives notice of an appeal therefrom he or she shall file with the notice of appeal an undertaking, signed by 2 or more sureties, to be approved by at least 2 of the arbitrators, in double the amount of the award, conditioned to pay any judgment that may be rendered against the party upon appeal. Upon filing the notice of appeal and undertaking, when required, the arbitrators, or 2 of them, shall, within 10 days, make and sign a full statement of the proceedings had by them and of their award and file the same with the clerk of circuit court and pay the fee prescribed in
s. 814.61 (8) (am) 1.; and thereupon the clerk shall enter an action in which the claimant is the plaintiff, which shall be deemed then at issue, and proceedings shall be had thereon in like manner as in other civil actions in the court. Unless the appellant obtains a more favorable judgment upon appeal, he or she shall pay costs; otherwise, the respondent.
94.30
94.30
Rights on payment. If neither party appeals from such award and the party required to pay the damages shall pay the full amount thereof within the time above prescribed or if, upon an appeal, a final judgment shall be rendered in favor of the claimant and the defendant shall pay such judgment and all costs awarded to the claimant within sixty days after such final judgment, then the person so erecting or maintaining such dam or dams or constructing or maintaining such ditches or drains shall have the perpetual right to maintain and keep the same in good condition and repair; and neither the person nor the person's assigns shall be liable to the payment of any further damages on account thereof; and upon failure to make such payment within the times above prescribed the person shall forfeit all right to maintain such dams, ditches or drains under the foregoing provisions.
94.30 History
History: 1993 a. 492.
94.31
94.31
Service of notice. In all cases arising under
ss. 94.26 to
94.30 when it shall be necessary to serve any notice upon any person who may be out of the state or whose whereabouts shall not be known to the person desiring to serve the same, such notice may be served upon any agent or employe of such person who may be found within this state, and such service shall have the same effect as if it was made upon the party interested.
94.32
94.32
Pay of arbitrators. The arbitrators shall receive for their services three dollars per day each, to be paid in whole or in part by either party as they shall determine.
94.35
94.35
Cranberry growers association. The Wisconsin cranberry growers association shall obtain and publish information relative to the cultivation and production of cranberries. The association shall hold semiannual meetings in August and January at such place as it shall determine.
94.35 History
History: 1983 a. 524.
94.38
94.38
Agricultural and vegetable seeds; definitions. When used in
ss. 94.38 to
94.46 unless the context requires otherwise:
94.38(1)
(1) "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means relating to seed within the scope of
ss. 94.38 to
94.46.
94.38(2)
(2) "Agricultural seed" includes the seeds of grass, forage, cereal, fiber crops and lawn seeds and any other kinds of seeds commonly recognized and sold within this state for sowing purposes as agricultural seeds or mixtures thereof, and may include noxious weed seeds if used as agricultural seed.
94.38(3)
(3) "Certified seed" means seed produced in compliance with the standards and procedures of a certifying agency and that bears an official label issued for such seed by a seed certifying agency stating that the seed is certified. The 4 classes of certified seed are: breeders, foundation, registered and certified.
94.38(4)
(4) "Certifying agency" means an agency designated by any state, territory, possession or foreign country to certify seed.
94.38(4m)
(4m) "Coated seed" means seed, other than treated seed, which is covered with any substance that changes the size, shape or weight of the seed.
94.38(5)
(5) "Hybrid seed" means, for a kind or variety of seed, the first generation seed progeny of a cross produced by controlled pollination which combines 2 inbred lines; one inbred line and a single cross; 2 single crosses; one inbred line or a single cross with an open pollinated variety; or 2 selected clones, seed lines, varieties or species. "Hybrid seed" does not include seeds incidentally produced as a result of incomplete control over pollination.
94.38(6)
(6) "Kind" means one or more related species or subspecies which singly or collectively is known by one common name, such as corn, oats, alfalfa or timothy.
94.38(7)
(7) "Label" means the display of written, printed or graphic matter upon or attached to the container of seed or, for seed sold in bulk quantities, included with the invoice or shipping document furnished the purchaser at time of delivery.
94.38(8)
(8) "Labeler" means any person who as grower, processor, jobber, distributor or seller labels seed or accepts responsibility for labeling information pertaining to any container or lot of agricultural or vegetable seed and whose name and address is required to appear on the label under
s. 94.39.
94.38(9)
(9) "Labeling" includes all labels and other written, printed or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers and includes representations on invoices.
94.38(10)
(10) "Lawn seed" means the seed of grasses, clovers or other agricultural seeds or mixtures thereof commonly used or sold for seeding lawns, parks or turf areas in this state.
94.38(11)
(11) "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling.
94.38(12)
(12) "Noxious weed seeds" are divided into 2 classes, "prohibited noxious weed seeds" and "restricted noxious weed seeds" and are defined as follows:
94.38(12)(a)
(a) "Prohibited noxious weed seeds" include the seeds of field bindweed (Convolvulus arvensis), leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvense) and quack grass (Agropyron repens).
94.38(12)(b)
(b) "Restricted noxious weed seeds" include the seeds of dodder (Cuscuta spp.), wild mustard (Sinapis arvensis), Indian mustard (Brassica juncea), buckhorn (Plantago lanceolata), ox-eye daisy (Leucanthemum vulgare), perennial sow thistle (Sonchus arvensis), wild radish (Raphanus raphanistrum), yellow rocket (Barbarea vulgaris), wild oats (Avena fatua), giant foxtail (Setaria faberi), hoary alyssum (Berteroa incana), downy brome (Bromus tectorum) and white cockle (Silene alba).
94.38(13)
(13) "Person" includes any individual, firm, partnership, limited liability company, corporation, company, society or association.
94.38(14)
(14) "Preinoculated seed" means legume seed which has received an application, prior to sale, of a culture of bacteria which will effectively inoculate the legume as shown by nodulation of the roots, growth of the plants and accumulation of nitrogen in the plants.
94.38(15)
(15) "Pure seed", "germination", "hard seed" and other terms commonly used in labeling and testing seeds shall be as defined in the rules of the department.
94.38(16)
(16) "Record" means all information relating to lot, identification, source, origin, variety, amount, processing, blending, testing, labeling, sale and distribution of seed and includes a file sample of each lot.
94.38(18)
(18) "Seizure" means the taking of legal custody over seed by court order.
94.38(19)
(19) "Stop sale" means a department order restraining the sale, use, disposition or movement of seed.
94.38(20)
(20) "Treated seed" means seed which has received an application of a substance, or has been subjected to a process in such a way as to reduce, control or repel certain disease organisms, insects or other pests attacking seeds or seedlings growing therefrom.
94.38(21)
(21) "Type" means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.
94.38(22)
(22) "Variety" means a subdivision of a kind based on growth, yield, plant, fruit, seed, disease resistance or other characteristics by which it can be differentiated from other plants of the same kind.
94.38(23)
(23) "Vegetable seed" includes the seeds of crops which are grown commercially and in home gardens as vegetables for human consumption and are commonly known and sold in this state as vegetable seeds.
94.38(24)
(24) "Weed seeds" includes the seeds of all plants generally recognized as weeds within this state, and includes noxious weed seeds.
94.385
94.385
Seed label locations. 94.385(1)
(1) Each container of agricultural 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 attached to it in a conspicuous place a label containing the information specified in
s. 94.39.
94.385(2)
(2) Except as provided under
s. 94.43 (2), each bulk lot of agricultural or vegetable seed sold within this state for seeding or sprouting purposes shall include with the invoice or shipping document furnished the purchaser at time of delivery a label containing the information specified in
s. 94.39.
94.385 History
History: 1985 a. 138.
94.39
94.39
Seed labeling requirements. Each label for agricultural or vegetable seed required under
s. 94.385 shall be a plainly written or printed label in the English language, giving the following information:
94.39(1)(a)
(a) The commonly accepted name of the kind or kind and variety of each agricultural seed component in excess of 5 per cent of the whole and the percentage by weight of each in order of its predominance. When more than one component is required to be named, the word "mixture" or "mixed" shall be shown conspicuously on the label. Seed components of 5 per cent or less may be named, if desired.
94.39(1)(am)
(am) The percentage of hybrid seed included in the pure seed contents of the container or bulk lot, if the percentage is less than 96%. No kind or variety of seed may be labeled as hybrid seed unless the pure seed consists of at least 75% hybrid seed. Designations of hybrid seed shall be treated in the same manner as are names of varieties under
par. (a).
94.39(1)(c)
(c) Origin by state or foreign country of alfalfa, red clover, white clover or field corn, except hybrid field corn. If the origin of these crop seeds is unknown, that fact shall be stated.
94.39(1)(d)
(d) Percentage by weight of all weed seeds.
94.39(1)(e)
(e) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present singly or collectively in excess of:
94.39(1)(e)1.
1. One seed in 2.5 grams of redtop, bent grass and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)2.
2. One seed in 5 grams of rough bluegrass (Poa trivialis) and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)3.
3. One seed in 10 grams of Kentucky bluegrass, timothy and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)4.
4. One seed in 20 grams of alsike clover, white clover, reed canary grass and seeds of similar size and weight and mixtures of those seeds.
94.39(1)(e)5.
5. One seed in 30 grams of orchard grass, chewings fescue, red fescue, birds-foot trefoil and seeds of similar size and weight and mixtures of those seeds.
