Chapter 94 — PLANT INDUSTRY

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 ma…

94.02 Abatement of pests. (1) (a) If the department finds any premises, or any plants, plant parts, or pest-harboring materials located thereon are so infested or infected with injurious pests as to constitute a hazard to plant or animal life in the state, or any area thereof, it…

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 pre…

94.10 Nursery stock; inspection and licensing. (1) DEFINITIONS. In this section: (a) “Christmas tree grower” means a person who grows evergreen trees in this state for eventual cutting and sale as Christmas trees. (b) “Nonprofit organization” means an organization described in se…

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…

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 constru…

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…

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 agains…

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 pa…

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 cl…

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 a…

94.32 Pay of arbitrators. The arbitrators appointed under s. 94.28 shall each receive $3 per day for their services, to be paid in whole or in part by either party as the arbitrators determine. History: 1997 a. 253.

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 determin…

94.36 Certified seed potatoes. (1) PROHIBITION. Except as provided in sub. (1m), 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. ATC…

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 o…

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 conta…

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 certify…

94.41 Prohibitions. (1) It is unlawful for any person to sell, distribute or offer or expose for sale any agricultural or vegetable seed: (a) Unless the test to determine the percentage of germination required by the department by rule is completed within a 12month period immedia…

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 offer…

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 a…

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 …

94.45 Powers and authority of the department. (1) The department is authorized: (a) To enter during regular business hours all places of business, warehouses, freight depots, cars, trucks and all other places where seed is stored, transported, sold or exposed for sale. The depart…

94.46 Stop sale; penalties; enforcement. (1) The department may issue a written or printed “stop sale” order to the owner or custodian of any lot of agricultural or vegetable seed not conforming with ss. 94.38 to 94.46, or rules thereunder. The order shall specify the sections of…

94.50 Cultivated ginseng. (1) DEFINITIONS. In this section: (a) “Cultivated ginseng” means ginseng dry root, live root, tissue culture or seed that is grown or nurtured in this state by a person. (b) “Dealer” means a person who buys cultivated ginseng for the purpose of resale, e…

94.55 Hemp. (1) DEFINITION. In this section, “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahyd…

94.64 Fertilizer. (1) DEFINITIONS. As used in this section: (ag) “Beneficial substance” means a substance other than a plant nutrient that improves the nourishment of cultivated plants or improves the physical, chemical, or biological properties of soil. (ar) “Brand or product na…

94.643 Restrictions on the use and sale of fertilizer containing phosphorus. (1) DEFINITIONS. In this section: (a) “Fertilizer” has the meaning given in s. 94.64 (1) (e), except that “fertilizer” does not include manipulated animal or vegetable manure or finished sewage sludge pr…

94.645 Fertilizer and pesticide storage. (1) DEFINITIONS. In this section: (a) “Bulk fertilizer” has the meaning specified under s. 94.64 (1) (b). (b) “Bulk pesticide” means liquid pesticide in a container Updated 23-24 Wis. Stats. 16 larger than 55 gallons or solid pesticide in …

94.65 Soil and plant additives. (1) DEFINITIONS. In this section: (a) “Active ingredient” means a component of a soil or plant additive from which the soil or plant additive derives all or part of its value or effectiveness and which is: 1. A living microorganism; or 2. Defined a…

94.66 (1) (am). 3. Wood ashes or unmanipulated animal or vegetable manure, unless distributed under another name or description. 4. Pesticides registered under 7 USC 136 or by the department. 5. Any other substance exempted by department rule. (fm) “Typical analysis” means an ana…

94.67 Pesticides; definitions. In ss. 94.67 to 94.71: (1) “Active ingredient” means any ingredient which will: (a) Prevent, destroy, repel or mitigate pests; (b) Accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop pl…

94.675 Pesticides; adulteration. A pesticide is adulterated: (1) If its strength, quality, purity or effectiveness falls below the standards expressed on the label. (2) If any substance has been substituted wholly or in part for the articles. (3) If any valuable constituent of th…

94.676 Pesticides; misbranding. A pesticide is misbranded if: (1) Its labeling bears any statement, design or graphic representation relative to the pesticide, or to its ingredients, which is false or misleading in any particular. (2) It is an imitation of, or is offered for sale…

94.68 Pesticides; licensing of manufacturers and labelers. (1) No person may manufacture, formulate, package, label or otherwise produce pesticides for sale or distribution in this state, or sell or offer to sell pesticides to purchasers in this state, whether or not the sales ar…

94.681 Pesticide manufacturers and labelers: fees and surcharges. (1) DEFINITIONS. In this section: (a) “Household pesticide” means a pesticide that is any of the following: 1. A sanitizer. 2. A disinfectant. 3. A germicide. May 22, 2026, are designated by NOTES. (Published 5-22-…

94.685 Pesticides; licensing of dealers and distributors of restricted-use pesticides. (1) No dealer or distributor may sell or offer to sell a restricted-use pesticide in this state, whether or not the sale is made wholly or partially in this state or another state, without a li…

94.69 Pesticides; rules. (1) The department may promulgate rules: (a) To declare as a pest any form of plant or animal life or virus which is injurious to plants, persons, animals or substances. (b) To determine which pesticides and substances contained therein are highly toxic t…

94.697 Railroad pesticide use. (1) DEFINITION. In this section “railroad” means a person that owns or operates any railroad or part of a railroad as a common carrier in this state. (2) INFORMATION REQUIRED. (a) No later than 48 hours before applying a pesticide to a right-of-way …

94.70 Pesticides; prohibited acts. (1) No person may distribute, sell, offer for sale, hold for sale, ship, deliver for shipment or receive for distribution, delivery or sale to any person in this state whether or not the acts or transactions take place in intrastate commerce or …

94.701 Pesticides; local regulation. (1) This section is an enactment of statewide concern for the purpose of providing uniform regulation of pesticides. (2) In this section, “political subdivision” means a city, village, town or county. (3) (a) Except as provided in par. (b) or …

94.703 Pesticides; licensing of commercial application businesses. (1) No commercial application business may operate in this state without a license issued by the department under this section. A natural person who operates a commercial application business as sole proprietor, a…

94.704 Pesticides; licensing of individual commercial applicators. (1) No person may act as an individual commercial applicator without a license issued by the department under Updated 23-24 Wis. Stats. 26 this section. A license expires on December 31 annually and is not transfe…

94.705 in the applicable pesticide use category. (5) No licensee under this section may employ any natural person as an individual commercial applicator unless the employee is licensed under s. 94.704. History: 1987 a. 27; 1993 a. 16; 1997 a. 27; 2007 a. 20; 2013 a. 20; 2017 a. 5…

94.707 Distribution and sale of certain pesticides. (1) PROHIBITION. No person may distribute, sell, offer for sale or use May 22, 2026, are designated by NOTES. (Published 5-22-26) 94.707 PLANT INDUSTRY any pesticide product containing any of the following active ingredients: (a…

94.708 Pesticides; sale and use to control bats. (1) DEFINITION. As used in this section, “bat control purposes” means for the purpose of killing, injuring, repelling or otherwise affecting the behavior of bats. (2) SALE PROHIBITED. Except as provided under sub. (4), no person ma…

94.709 Distribution and sale of DDT prohibited. (1) No person shall distribute, sell, offer for sale or use the chemical compound DDT (dichlorodiphenyltrichloroethane) or any of its isomers except as provided in this section. In sub. (2) “DDT” includes compounds isomeric with DDT…

94.71 is available for review. 7. Emergency medical contact information. (b) A railroad shall keep the information under par. (a) posted at the location accessible to employees of the railroad for at least 30 days after the day of application. (c) No later than 48 hours before ap…

94.715 Pest management for schools. (1) DEFINITION. In this section, “pesticide” has the meaning given in s. 94.67 (25), except that “pesticide” does not include a germicide, sanitizer, or disinfectant. (2) REQUIREMENTS FOR SCHOOL BOARDS. A school board shall do all of the follow…

94.72 Commercial feed. (1) DEFINITIONS. (a) “Brand name” means any word, name, symbol or device, or any combination thereof identifying the commercial feed of a manufacturer or distributor and distinguishing it from that of others. (b) “Commercial feed” means all products or mate…

94.73 (15). (c) The department shall deposit the license fees collected under par. (a) in the agrichemical management fund. The department shall deposit the surcharges collected under par. (b) in the agricultural chemical cleanup fund. (4) TONNAGE FEES AND SURCHARGES. (a) Require…