reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.40 - Dairy promotion.

93.40
Dairy promotion.
(1)
Duties. The department shall:
(a)
Promote the sale of Wisconsin dairy products.
(b)
Stimulate, promote, advertise and publicize the dairy industry in this state.
(c)
Create an accurate national and international image of the state dairy industry.
(d)
Encourage all farmers and dairy businesses to participate in available education programs.
(e)
Encourage and cooperate with communities, groups and individuals in the state in pursuing the dairy promotion objectives of the department.
(f)
Coordinate and stimulate the orderly and ecologically sound development of the dairy industry throughout the state.
(g)
Promote the growth of the dairy industry through research, planning, and assistance, including grants and loans to dairy producers and grants to persons operating processing plants.
(2)
Sales. The department shall annually formulate a plan to encourage the marketing of dairy products and the promotion of the dairy industry of the state for the ensuing year, and shall implement the plan. The department shall cooperate with farmers, dairy businesses and organizations to assure coordination with private plans and programs.
(3)
Services. The department may:
(a)
Collect and disseminate information as to the availability and the economic and nutritional advantages of dairy products.
(b)
Establish, manage and operate permanent or temporary dairy promotion centers to be operated by the department in cooperation with the department of tourism tourist information centers along major highways into the state.
(c)
Provide advice and service to persons or groups engaged in the dairy industry.
(d)
Conduct research into the status and needs of the dairy industry.
(4)
Advertising. The department shall plan and conduct a program of advertising designed to promote the dairy industry. Any contracts engaging a private agency to conduct an advertising or promotion program under this subsection shall reserve to the department the right to terminate the contract if the service is unsatisfactory to the department. The department shall encourage and coordinate the efforts of public and private organizations to publicize the dairy industry. Any public or private organization not organized or incorporated for profit may apply to the department for advertising funds under this section. Prior to applying for these funds, each prospective applicant shall submit a plan and budget specifying the media to be used, the market to be approached, the dairy product or component of the dairy industry to be promoted and the applicant's estimated expenditures and receipts for the various projects within the plan. The department may promulgate rules imposing additional requirements to ensure that public funds are efficiently used to promote dairy products and the dairy industry of this state.
History:  1981 c. 357; 1987 a. 186; 1991 a. 39; 1995 a. 27; 2011 a. 32; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.41 - Stray voltage.

93.41
Stray voltage.
(1)
The department shall participate in the stray voltage program established under s. 196.857.
(2)
The department shall develop informational and educational materials on stray voltage and provide those materials to the public in cooperation with the University of Wisconsin-Extension and the technical college system board and shall study the need for any other state action not in effect under this section or s. 196.857 necessary to protect the public health and welfare from the harmful effects of stray voltage.
(3)
The department shall impose annual fees upon rural electric cooperatives organized under ch. 185. The amount of the fees shall total the amount appropriated under s. 20.115 (3) (jm). The fees received under this subsection shall be credited to the appropriation account under s. 20.115 (3) (jm).
History:  1987 a. 27, 399; 1991 a. 39; 1993 a. 16, 399; 1995 a. 27; 1997 a. 27; 2001 a. 103.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.42 - Center for international agribusiness marketing.

93.42
Center for international agribusiness marketing.
The department shall establish and operate a center for international agribusiness marketing. The center shall promote the export of this state's agricultural and agribusiness products in foreign markets by:
(1)
Assisting in the performance of market research and planning to identify international marketing opportunities for the state's products and firms and providing technical assistance on international marketing to individual businesses.
(2)
Organizing and participating in trade shows and trade missions to foreign markets.
(3)
Coordinating federal, regional, state and local marketing information which may lead to export opportunities for the state's products.
(4)
Assisting persons considering direct investments, joint ventures, licensing or other business arrangements for the production of agribusiness products in this state.
(5)
Cooperating with the Wisconsin Economic Development Corporation in promoting the state's products through the state's foreign trade offices and in achieving the export objectives specified in s. 93.425 (2).
History:  1985 a. 58; 1995 a. 27 ss. 3566, 3566e, 9116 (5); 2011 a. 32; 2013 a. 166; 2021 a. 92.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.425 - Agricultural exports program.

93.425
Agricultural exports program.
(1)
The center for international agribusiness marketing shall establish and administer an agricultural exports program to promote the export of this state's agricultural and agribusiness products.
(2)
The center for international agribusiness marketing shall cooperate with the Wisconsin Economic Development Corporation to achieve all of the following export objectives by June 30, 2026:
(a)
Increase the value of this state's milk and other dairy product exports by at least 25 percent over the value as of December 31, 2021.
(b)
Increase the value of this state's meat, including poultry and fish, and meat product exports by at least 25 percent over the value as of December 31, 2021.
(c)
Increase the value of this state's crop and crop product exports by at least 25 percent over the value as of December 31, 2021.
(3)
Of the moneys appropriated under s. 20.115 (3) (b), the center for international agribusiness marketing shall ensure that $2,500,000 is expended for the objective specified in sub. (2) (a), $1,250,000 is expended for the objective specified in sub. (2) (b), and $1,250,000 is expended for the objective specified in sub. (2) (c). The center may not expend more than $1,000,000 under the program in any fiscal year.
(4)
No later than June 30, 2024, the center for international agribusiness marketing and the Wisconsin Economic Development Corporation shall jointly submit a report to the appropriate standing committees of the legislature under s. 13.172 (3) that describes in detail all progress made in achieving the goals specified in sub. (2) (a) to (c).
History:  2021 a. 92.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.43 - Veteran farmer assistance and outreach program; veteran farmer logotype.

93.43
Veteran farmer assistance and outreach program; veteran farmer logotype.
(1)
Veteran farmer assistance and outreach program.
(a)
The department shall establish and implement a program to integrate veterans into the field of agriculture and support veterans currently working in agriculture. The department shall consult with the department of veterans affairs, the department of military affairs, and the federal department of agriculture in creating the program. The department shall consult with the department of corrections to identify and assist formerly incarcerated veterans under the program.
(b)
The program created under this section shall include assisting veterans in rural and urban communities; providing employment, mentorship, and outreach opportunities; facilitating education opportunities, including through the University of Wisconsin System and the technical college system; providing advice, technical assistance, and training; connecting veterans with local, state, and federal resources; and creating an Internet site relating to the program.
(c)
An immediate family member of a veteran under s. 45.01 (12) (g) to (i) shall be eligible to participate in the program created under this section.
(2)
Veteran farmer logotype. The department shall assist the department of veterans affairs in designing a logotype under s. 45.12 (2m). The department shall prohibit the use of the logotype by persons other than persons certified under s. 45.12 (2m) (a).
History:  2017 a. 121; 2021 a. 238 s. 45.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.44 - Commodity promotion.

93.44
Commodity promotion.
(1)
The department shall initiate projects to promote commodities produced in this state.
(2)
The department shall allow all products and commodities produced or manufactured in this state that meet the standards established by the department to be included in the department's promotional campaign that uses the phrase “Something Special from Wisconsin", which phrase is a certified mark that is registered under federal law. The department may establish standards to be used to prohibit or limit the use of the certified mark to preserve its marketing value and significance. The standards may prohibit or limit the use of the certified mark based upon the grade or quality of a product or commodity and the standards may prohibit the use of the certified mark by a product or commodity which imitates a product or commodity for which there is a standard of identity established under state or federal law.
(3)
The department shall develop at least one slogan or logo, or both, for the promotion of Wisconsin agricultural products for display on signs placed by the department of transportation under s. 86.19 (1m).
(4)
The department by rule may establish a fee for the use of the mark and any slogan or logo under this section. The fees shall be credited to the appropriation under s. 20.115 (3) (L).
History:  1981 c. 357; 1983 a. 92; 1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.45 - Buy local, buy Wisconsin.

93.45
Buy local, buy Wisconsin.
The department shall conduct a program to increase awareness and consumption of locally produced foods and related products and to increase the production and improve the distribution of foods and related products for local consumption. In the program, the department shall emphasize the development of regional food and cultural tourism trails and the development of regional food systems through activities such as creating or expanding facilities for the processing and distribution of food for local consumption; creating or supporting networks of producers; and strengthening connections between producers, retailers, institutions, and consumers and nearby producers.
History:  2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.47 - Bioenergy council.

93.47
Bioenergy council.
(1)
The bioenergy council shall identify voluntary best management practices for sustainable biomass and biofuels production, which may include consideration of practices related to choosing biomass species, where to plant, crop management, harvest, and processing and transport, and factors such as soil management, chemical inputs, carbon sequestration in soil and root mass, plant and animal biodiversity, and other factors at the discretion of the council. The council shall consider efforts relating to sustainable biomass and biofuels production conducted by other entities, including the council on forestry.
(2)
The council shall report its findings, at least biennially, to agencies and private parties that assist producers of biofuel feedstocks and biofuels, as determined by the council.
History:  2009 a. 401.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.48 - Buy local grant program.

93.48
Buy local grant program.
(1)
The department may award grants from the appropriation under s. 20.115 (4) (am) to individuals or organizations to fund projects that are designed to increase the sale of agricultural products grown in this state that are purchased in close proximity to where they are produced. The department may not award a grant under this section unless the applicant contributes matching funds equal to at least 50 percent of the costs of the project. The department shall promulgate rules for the program under this section.
(2)
The department may make grants under this section for any of the following purposes:
(a)
To create, promote, and support regional food and cultural tourism trails.
(b)
To promote the development of regional food systems through activities such as creating or expanding facilities for the processing and distribution of food for local consumption; creating or supporting networks of producers; and strengthening connections between producers, retailers, institutions, and consumers and nearby producers.
History:  2007 a. 20; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.485 - Tribal elder community food box program.

93.485
Tribal elder community food box program.
From the appropriation under s. 20.115 (4) (k), the department shall provide grants to one or more nonprofit food assistance organizations for the purpose of purchasing and distributing food to tribal elders and for the purpose of supporting the growth and operations of food producers participating in the program under this section.
History:  2023 a. 19.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.51 - Farmer assistance.

93.51
Farmer assistance.
(1)
Definitions. In this section:
(a)
“Farmer" has the meaning given in s. 93.50 (1) (d).
(b)
“Farming" has the meaning given in s. 102.04 (3).
(2)
Assistance program.
(a)
The department may provide consultation and assistance to distressed farmers, which may include but is not limited to providing employment and retraining counseling for farmers needing employment other than farming, operating a program in which volunteers advise or counsel farmers about financial matters and other concerns and operating a crisis hotline for farmers.
(b)
The department may make grants to low-income farmers for the purpose of paying all or part of the tuition for a farmer who enrolls in a course on farm and business management techniques offered by a technical college.
(c)
The department may promulgate rules necessary to implement this section.
(3)
Advisors.
(a)
The department may select volunteers to provide advice and counseling services to distressed farmers. Advisors shall have expertise and experience in relevant areas of knowledge.
(b)
The department shall provide any necessary training to advisors.
(c)
Advisors shall be compensated for travel and other necessary expenses in amounts approved by the department.
(d)
Advisors and the department shall keep confidential all information obtained in the process of providing advice or counseling, except for aggregate data compiled by the department at not less than a countywide level that does not contain any reference to the identity of any individual or individual farm. Any such confidential information contained in a record is not subject to the right of public inspection and copying under s. 19.35 (1). This paragraph does not apply to information relating to possible criminal misconduct.
History:  1989 a. 31; 1991 a. 39; 1993 a. 399; 1997 a. 264; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.52 - Dairy farmer exit-entry program.

93.52
Dairy farmer exit-entry program.
The department shall administer a program to assist in the transfer of farm operations from persons exiting the dairy industry to persons wishing to enter the industry, including assistance in negotiating the financial and legal aspects of farm transfers. The department shall keep confidential information obtained under the program. Any such information contained in a record is not subject to the right of public inspection and copying under s. 19.35 (1).
History:  1997 a. 264.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.55 - Chemical and container collection grants.

93.55
Chemical and container collection grants.
(1)
Definitions. In this section:
(a)
“Chemical" means a chemical, including a pesticide, that is used for agricultural purposes.
(b)
“Pesticide" has the meaning given in s. 94.67 (25).
(2)
Collection grants. The department may award a grant to a county for a chemical and container collection program. A grant under this subsection may not fund more than 75 percent of the cost of a program. Costs eligible for funding include the cost of establishing a collection site for chemicals and chemical containers, the cost of transporting chemical containers to a dealer or distributor for refill and reuse or to a hazardous waste facility, as defined in s. 291.01 (8), and costs associated with the proper use and handling and disposal or recycling of chemicals and chemical containers. Grants shall be paid from the appropriation under s. 20.115 (7) (va).
(2m)
Farmer liability. To the extent permitted under federal regulations, a county establishing a chemical and container collection program under sub. (2), in cooperation with the department, shall ensure that a farmer, as defined in s. 102.04 (3), who participates in the program is not liable for chemicals or chemical containers collected under the program after the farmer relinquishes control over the chemicals or chemical containers.
History:  1989 a. 335; 1991 a. 39; 1995 a. 227; 2003 a. 33; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.57 - Household hazardous waste.

93.57
Household hazardous waste.
The department shall administer a grant program to assist municipalities and regional planning commissions in creating and operating local programs for the collection and disposal of household hazardous waste. The department may also provide grants under this section for county, municipal, and regional planning commission programs to collect unwanted prescription drugs. The department may not make a grant under this section in an amount that exceeds 75 percent of the cost of a program. The department shall allocate two-thirds of the funds available from the appropriation account under s. 20.115 (7) (va) in each fiscal year for grants under this section.
History:  1985 a. 29; 1995 a. 227 s. 699; Stats. 1995 s. 299.41; 2001 a. 109; 2003 a. 33 s. 2481s; Stats. 2003 s. 93.57; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.59 - Producer-led watershed protection grants.

93.59
Producer-led watershed protection grants.
(1)
The department shall make grants for nonpoint source pollution abatement activities conducted with the assistance of producer-led groups that comply with sub. (2). The department shall make a grant directly to the producer-led group, except that, if the group is not a legal entity, the department may only make the grant to a legal entity on behalf of the group.
(2)
The department may provide a grant under sub. (1) if all of the following apply:
(a)
The producer-led group includes at least 5 agricultural producers each of whom operates an eligible farm, as defined in s. 91.86 (1), in one watershed or in adjacent watersheds. The group may include additional agricultural producers who are not required to be operators of eligible farms.
(b)
The group is formed through a memorandum of understanding with the collaborating entity under par. (c).
(c)
The group collaborates with at least one of the following:
1.
The department.
2.
The department of natural resources.
3.
A county land conservation committee.
4.
The University of Wisconsin-Extension or the Discovery Farms program of the University of Wisconsin-Extension.
5.
A nonprofit conservation organization.
(d)
The group assists agricultural producers in the watershed or watersheds under par. (a) to voluntarily conduct nonpoint source water pollution abatement activities.
(e)
The group contributes matching funds equal to at least 50 percent of eligible costs.
(3)
A producer-led group that receives, or on whose behalf a legal entity receives, a grant under this section shall annually file a report with the department describing the activities conducted with the grant and the impact of those activities on water quality in the watershed or watersheds under sub. (2) (a).
(4)
The department may promulgate rules that do all of the following:
(a)
Define “legal entity" for the purposes of this section.
(b)
Specify the application process for a grant under this section.
(c)
Specify activities that may be conducted using a grant under this section.
(5)
In any fiscal year, the department may not provide more than $40,000 to any single producer-led group or legal entity on behalf of the group.
History:  2015 a. 55; 2017 a. 59; 2021 a. 239 s. 74; 2023 a. 5.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.68 - Grants for meat processing facilities.

93.68
Grants for meat processing facilities.
(1)
Definition. In this section, “meat processing facility" means a plant or premises where animals are slaughtered for human consumption, or where meat or meat products are processed, but does not include rendering plants.
(2)
Grants. The department may award grants from the appropriation under s. 20.115 (4) (f) to meat processing facilities for the purpose of promoting the growth of the meat industry in this state.
History:  2021 a. 58.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.70 - Conservation reserve enhancement program.

93.70
Conservation reserve enhancement program.
(1)
The department may expend funds from the appropriation account under s. 20.866 (2) (wf) to improve water quality, erosion control and wildlife habitat through participation by this state in the conservation reserve enhancement program as approved by the secretary of the federal department of agriculture under 16 USC 3834 (f) (4).
(2)
The department may not make a payment under sub. (1) to a person whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the department a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).
History:  1999 a. 9; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.80 - Arsenic in wood.

93.80
Arsenic in wood.
The department, jointly with the department of safety and professional services, shall review scientific evidence to determine whether there is a substantial likelihood that wood treated with copper, chromium, and arsenic is harmful to the environment or to human health.
History:  2001 a. 16; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.01 - Plant inspection and pest control authority.

94.01
Plant inspection and pest control authority.
(1)
In the conduct of survey and inspectional programs for the detection, prevention and control of pests, the department may impose quarantines or such other restrictions on the importation into or movement of plants or other material within this state as necessary to prevent or control the dissemination or spread of injurious pests.
(2)
In accordance with sub. (1), the department, by summary order, may prohibit the removal of any plant, host plant, or other pest-harboring material from any private or public property, or any area of the state which in its judgment contains or is exposed to injurious pests, except under such conditions as in its judgment are necessary to prevent the dissemination or spread of pests, giving written notice thereof to the owner or person in charge of the property. While such order is in effect no person with knowledge thereof shall cause or permit the removal of any such plant, host plant or other pest-harboring material from such property or area, unless it is in compliance with the conditions of such order. Orders issued under this subsection shall be in writing, have the force and effect of an order issued under s. 93.18, and are subject to right of hearing before the department, if requested within 10 days after date of service. Any party affected by the order may request a preliminary or informal hearing pending the scheduling and conduct of a full hearing.
(3)
No person may obstruct or interfere with the examination or testing, by authorized inspectors and agents of the department, of any plants or other material suspected of being infested or infected with any injurious pests; nor may any person move any plants, plant parts, pests or pest-harboring materials contrary to the terms of any quarantine, rule, notice or order under this section.
(4)
The department, through its authorized agents or inspectors, may enter at all reasonable times any property for purposes of inspection, investigation and control of suspected pest infestations or infections and may intercept, stop and detain for official inspection any person, truck, vessel, aircraft or other conveyance believed to be carrying plants or other materials infested or infected with pests, and may seize and destroy any such plants or other materials moved, shipped or transported in violation of any law, rule, quarantine notice or order.
History:  1975 c. 394 s. 18; Stats. 1975 s. 94.01.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.03 - Shipment of pests and biological control agents; permits.

94.03
Shipment of pests and biological control agents; permits.
(1)
No person may sell or offer for sale, or move, transport, deliver, ship or offer for shipment, any pest, as defined in s. 93.01 (10) or any biological control agent as defined in sub. (2), without a permit as prescribed by rules of the department. Such rules may provide for reasonable exemptions from permit requirements. Permits may be issued only after the department determines that the proposed shipment or use will not create sufficient hazard to warrant refusal of a permit. Permits shall be affixed to the outside of every shipping container or accompany the shipment as the department directs.
(2)
The department may by rule regulate and control the sale and use of biological control agents to assure their safety and effectiveness in the control of injurious pests and to prevent the introduction or use of biological control agents which may be injurious to persons or property or useful plant or animal life. The term “biological control agent" as used in this section means any living organism which because of its parasitic, predatory or other biological characteristics may be effective for use in the suppression or control of pests by biological rather than chemical means.
History:  1975 c. 394 ss. 6, 17; 1983 a. 189 s. 329 (20).
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.11 - Special inspections; fees.

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.
History:  1975 c. 394 s. 23; Stats. 1975 s. 94.11.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.26 - Cranberry culture; maintenance of dams, etc.

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.
History:  1993 a. 492.
This section exempts cranberry growers from the permit requirements of s. 30.18 for diversion of water for agricultural purposes. State v. Zawistowski, 95 Wis. 2d 250, 290 N.W.2d 303 (1980).
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.27 - Liability for damages.

94.27
Liability for damages.
Any person who builds or maintains any dam or constructs or keeps open any ditch or drain under s. 94.26 is liable to persons whose lands are overflowed or otherwise injured by the dam, ditch or drain for the full sum of damages sustained, which shall be ascertained under s. 94.28 and recovered under ss. 94.28 to 94.30.
History:  1993 a. 492; 1997 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.28 - Arbitrators to fix damages.

94.28
Arbitrators to fix damages.
(1)
If a person claiming damages from a dam, ditch or drain cannot agree with the person liable to pay the damages under s. 94.27, the damage claimant shall select one disinterested arbitrator and give notice of the selection to the person against whom the damages are claimed. The person from whom damages are claimed shall, within 10 days after receipt of the notice, select another disinterested arbitrator, not of kin to any of the parties interested in maintaining the dams, ditches or drains, and give notice of the selection to the claimant and to the persons selected as arbitrators.
(2)
(a)
The persons selected as arbitrators under sub. (1) shall, within 20 days after notice of their appointment, do all of the following:
1.
Appoint a disinterested 3rd person to act as arbitrator with them.
2.
Fix a time and place at which the arbitrators shall meet to determine the claimant's damages.
3.
Give notice of the appointment of the 3rd arbitrator and the time and place of hearing to the interested parties.
(b)
At the time and place fixed under par. (a) 2., the arbitrators shall view the premises and hear the proofs and allegations of the parties. Within 10 days thereafter, the arbitrators, or any 2 of them, shall make duplicate statements of the proceedings had by them and of the amount that they order to be paid to the claimant for the claimant's damages and the amount to be paid by the respective parties for the arbitrators' fees and the costs of the proceedings. The arbitrators shall deliver a copy of the statement and order to each party. Within 20 days thereafter, the amount so ordered shall be paid by the party of whom required unless an appeal is taken as provided under s. 94.29.
History:  1993 a. 492; 1997 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.29 - Appeal.

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.
History:  1981 c. 317; 1993 a. 16; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.30 - Rights on payment.

94.30
Rights on payment.
(1)
If neither party appeals from the award under s. 94.28 and the responsible party pays the full amount of damages and costs awarded within the time prescribed under s. 94.28 (2) (b) or if, upon an appeal, a final judgment is rendered in favor of the claimant and the responsible party pays the judgment and all costs awarded to the claimant within 60 days after entry of the final judgment, that responsible party shall have the perpetual right to maintain and keep the dams, ditches or drains that caused the damage in good condition and repair. Neither the responsible party nor the responsible party's assigns shall be liable for the payment of any further damages on account of the dams, ditches or drains.
(2)
If the responsible party fails to make payment as described in sub. (1) within the applicable prescribed time, the responsible party shall forfeit all right under this chapter to maintain the dams, ditches or drains that caused the damage.
History:  1993 a. 492; 1997 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.31 - Service of notice.

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 employee 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.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.35 - Cranberry Growers Association.

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.
History:  1983 a. 524.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.36 - Certified seed potatoes.

94.36
Certified seed potatoes.
(1)
Prohibition; waiver.
(a)
Except as provided in par. (b), no person may plant 5 or more acres of potatoes in this state in a calendar year unless all of the seed potatoes that will be used for planting in this state by the person are certified under ch. ATCP 156, Wis. Adm. Code.
(b)
The department, upon the request of one or more growers, may waive the prohibition under par. (a) for seed potatoes of a specific variety or genotype for a growing season if there are not enough certified seed potatoes of that variety or genotype reasonably available to growers during that calendar year and the department determines that the seed potatoes of that variety or genotype that will be used for planting do not pose a serious disease threat.
(2)
Records.
(a)
A person who plants 5 or more acres of potatoes in this state in a calendar year shall retain all of the following records, for each field planted, for a period of 3 years after planting:
1.
The name and location of the person from whom the seed potatoes were purchased.
2.
A copy of the sales contract and invoice for the seed potatoes.
3.
The certification tag for the seed potatoes.
(b)
Records required to be retained under par. (a) are open to inspection by the department during normal business hours. A person required to retain records under par. (a) shall provide a copy of those records to the department upon request.
(3)
Penalties.
(a)
Any person who plants potatoes in violation of sub. (1) in a calendar year shall forfeit not more than $150, plus not more than $150 for each full acre planted in violation of sub. (1).
(b)
Any person who fails to retain, allow inspection of, or provide copies of records in violation of sub. (2) shall forfeit not more than $200.
History:  2017 a. 46.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.38 - Agricultural and vegetable seeds; definitions.

94.38
Agricultural and vegetable seeds; definitions.
When used in ss. 94.38 to 94.46 unless the context requires otherwise:
(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.
(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.
(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.
(8)
“Labeler" means any person who as grower, processor, jobber, distributor or seller labels or accepts responsibility for labeling information pertaining to any container or lot of agricultural seed or vegetable seed and whose name and address are required by the department by rule to appear on the label.
(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.
(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.
(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.
(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.
(18)
“Seizure" means the taking of legal custody over seed by court order.
History:  1975 c. 39, 308; 1983 a. 189; 1985 a. 138; 1993 a. 112; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.385 - Seed label requirements.

94.385
Seed label requirements.
(1)
No person may sell, distribute, or offer or expose for sale in this state a container of agricultural seed or vegetable seed for seeding or sprouting purposes unless the container bears or has attached to it in a conspicuous place a label containing the information required by the department by rule.
(2)
Except as provided under s. 94.43 (2), no person may sell in this state a bulk lot of agricultural or vegetable seed for seeding or sprouting purposes unless the person includes with the invoice or shipping document furnished the purchaser at time of delivery a label containing the information required by the department by rule.
History:  1985 a. 138; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.40 - Seed certification.

94.40
Seed certification.
(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 certifying agency for the certification of agricultural seed and vegetable seed in the state.
(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.
(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.
History:  1973 c. 335 s. 12; 1977 c. 29 s. 1650m (4); 1985 a. 138; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.42 - Exemptions.

94.42
Exemptions.
The provisions of ss. 94.38 to 94.46 do not apply to:
(1)
Seed or grain not intended for sowing purposes, except where it is made to appear by labeling, advertising or other representations that it is available for purchase or is being sold, distributed or offered or exposed for sale as seed; or where it is represented as being suitable for use as seed by such terms as cleaned, processed, treated, tested, certified or terms of similar import.
(2)
To seed in storage in, or being transported or consigned to, a cleaning or processing establishment for cleaning or processing; but any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to ss. 94.38 to 94.46.
(3)
Any carrier in respect to any seed delivered or consigned to it by others for transportation in the ordinary course of its business as a carrier.
(4)
Any person in respect to any seed sold, distributed or offered or exposed for sale which was incorrectly labeled or represented as to kind, variety or origin, provided that the seeds cannot be identified by examination thereof, unless the person has failed to obtain an invoice, genuine grower's declaration or other labeling information reasonably necessary to insure the seed is as represented.
History:  1985 a. 138.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.43 - Seed labeler's license.

94.43
Seed labeler's license.
(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 of the seed under 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, the seed for sale in this state.
(2)
No person may sell, distribute or offer or expose for sale in this state any seed not labeled by the holder of a seed labeler's license whose name and address are on the label, except that no license shall be required to sell seed of one's own production if it is delivered to the purchaser only on the farm premises where grown or to sell seed only in bags or other closed containers labeled by the holder of a seed labeler's license. Labels are not required for seed packaged at time of sale at retail by the holder of a seed labeler's license if the bin or other container from which the seed is sold bears a label and the seed with its labeling may be readily examined by the purchaser prior to sale. Seed sold by a licensed labeler under this exception shall be considered as having been sold under his or her label for purposes of computing license fees under sub. (3).
(3)
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:
(a)
For gross sales that are less than $10,000: $25.
(b)
For gross sales that are $10,000 or more but less than $50,000: $50.
(c)
For gross sales that are $50,000 or more but less than $100,000: $100.
(d)
For gross sales that are $100,000 or more but less than $250,000: $300.
(e)
For gross sales that are $250,000 or more but less than $500,000: $500.
(f)
For gross sales that are $500,000 or more but less than $1,000,000: $750.
(g)
For gross sales that are $1,000,000 or more but less than $10,000,000: $1,000.
(h)
For gross sales that are $10,000,000 or more but less than $100,000,000: $1,500.
(i)
For gross sales that are $100,000,000 or more: $2,500.
(4)
The license fee for a new applicant or for a person who did not sell seed under his or her own label during the previous 12 months shall be the minimum fee of $25 for the first year or any part thereof.
(4m)
The fees imposed under subs. (3) and (4) shall be credited to the appropriation under s. 20.115 (7) (gm).
(5)
The licenses shall expire on December 31 of each year. Licenses shall not be transferable and no fee or any portion thereof shall be refunded after the license has been issued.
History:  1985 a. 138; 1989 a. 31; 1991 a. 269; 1999 a. 83; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 94 - Plant industry. › 94.44 - Records.

94.44
Records.
Each person whose name is required to appear on the label as the labeler of agricultural or vegetable seeds 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 of the seed, except that a file sample of the seed need be kept for only one year and except that this section 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.
History:  2009 a. 28.