Wisconsin Seed Law & Seed Rule

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Summary

Wisconsin Seed Law

94.38 Agricultural and vegetable seeds; definitions.

When used in ss. 94.38 to 94.46 unless the context requires otherwise:

History: 1975 c. 39, 308; 1983 a. 189; 1985 a. 138; 1993 a. 112; 2009 a. 28.

94.385 Seed label requirements.

History: 1985 a. 138; 2009 a. 28.

94.40 Seed certification.

History: 1973 c. 335 s. 12; 1977 c. 29 s. 1650m (4); 1985 a. 138; 2009 a. 28.

94.41 Prohibitions.

History: 1973 c. 194, 195; 1985 a. 138; 1993 a. 492; 2009 a. 28.

94.42 Exemptions.

The provisions of ss. 94.38 to 94.46 do not apply to:

History: 1985 a. 138.

94.43 Seed labeler’s license.

History: 1985 a. 138; 1989 a. 31; 1991 a. 269; 1999 a. 83; 2009 a. 28.

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.

94.45 Powers and authority of the department.

History: 1975 c. 39, 308; 1983 a. 189 s. 329 (20); 2009 a. 28.

Cross-reference: See also ch. ATCP 20, Wis. adm. code.

94.46 Stop sale; penalties; enforcement.

History: 1985 a. 138.

Wisconsin Seed Rule (selected excerpts)

20.01 Definitions

(1) “Agricultural seed” means any kind or mixture of kinds of plant seed, other than tree or shrub seed, which is sold, offered for sale, or displayed or distributed for sale for sowing purposes. “Agricultural seed” includes crop seed, vegetable seed, lawn or turf seed, flower seed and native species seed.

(25) “Person” means an individual, corporation, partnership, limited liability company, trust or other legal entity.

(33) “Seed labeler” means a person who holds a valid license under s. ATCP 20.18, and who accepts legal responsibility for the labeling that accompanies a container or lot of agricultural seed that is sold, offered for sale, or displayed or distributed for sale in this state.

(38) "Vegetable seed" means agricultural seed that is commonly used to produce vegetables or herbs in home gardens, and is generally sold under the name of vegetable or herb seed in this state.

20.04 Seed labeling; general.

(1) LABEL CONTENTS; GENERAL. Except as provided in subs. (3) to (5), every container or lot of agricultural seed that is sold, offered for sale, or exposed or distributed for sale in this state shall be labeled with all of the following:

(2) FORM OF LABELING. The label information required under this section shall be attached to each container of agricultural seed, except that:

  • (3) VEGETABLE SEED IN SMALL QUANTITIES FOR HOME USE.
  • (4) FLOWER SEED IN SMALL QUANTITIES FOR HOME USE. If flower seed that complies with s. ATCP 20.06 (4) is packaged for home use in a container with net contents of less than one pound, or in a pre−planted container, mat, tape or other planting device with net contents of less than one pound, the container or device may be labeled with all of the following information in lieu of all the information required under s. ATCP 20.04 (1) (e) to (j):

    (5) NATIVE SPECIES SEED.

    20.14 Prohibited practices.

    No seed labeler or seller of agricultural seed may do any of the following:

    (1) Sell, offer for sale, or display or distribute for sale in this state any agricultural seed that is not labeled according to this chapter, or that is accompanied by any false, deceptive or misleading labeling.

    (2) Make any unsubstantiated content or performance claim for agricultural seed.

    (3) Make any representation in connection with the advertising, promotion, offering for sale, or sale of any agricultural seed that is false, deceptive or misleading.

    (4) Sell, offer for sale, or display or distribute for sale in this state any agricultural seed that contains any of the following:

    (5) Add any foreign material, other than the following materials, to any agricultural seed that is sold, offered for sale, or displayed or distributed for sale in this state:

    20.16 Labeling variances.

    The department may grant a variance from a labeling requirement under this chapter if the department finds that the variance is consistent with the purposes of this chapter, is consistent with other state and federal law, and is necessary to avoid unfairness or unnecessary hardship. A variance shall be issued in writing. The variance shall clearly describe the terms and conditions of the variance, and shall explain the department’s reasons for granting the variance.

    20.18 Seed labeler license.

    (1) REQUIREMENT. No person may act as a seed labeler unless that person holds a valid annual license from the department under s. 94.43, Stats. An annual license expires on December 31. A license is not transferable.