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.