SB188,13,3 2. A requirement that the hemp producer periodically report to the department on the compliance of the hemp producer with the department's plan for a period of not less than the following 2 years.

SB188,13,6 (c) A hemp producer who negligently violates this section or rules promulgated under this section 3 times in any 5-year period is ineligible to produce hemp for a period of 5 years beginning on the date of the 3rd violation.

SB188,30 Section 30 . 94.55 (2m) of the statutes is created to read:

SB188,13,11 94.55 (2m) Greater violations. If the department determines that a hemp producer has violated this section or rules promulgated under this section with a culpable mental state greater than negligence, the department shall immediately report the hemp producer to the U.S. attorney general and the department of justice.

SB188,31 Section 31 . 94.55 (2p) of the statutes is created to read:

SB188,13,18 94.55 (2p) Felony convictions. No person may produce hemp in this state for 10 years following any felony conviction relating to a controlled substance under state or federal law unless the person holds a valid license, registration, or other authorization to produce hemp under a pilot program of any state authorized by section 7606 of the federal agricultural act of 2014 on the effective date of this subsection .... [LRB inserts date].

SB188,32 Section 32 . 94.55 (2r) of the statutes is created to read:

SB188,13,22 94.55 (2r) False statement. Any person who materially falsifies any information contained in an application to participate in the hemp program established under this section is ineligible to participate in the program.

SB188,33 Section 33 . 94.55 (2t) of the statutes is created to read:

SB188,14,3 94.55 (2t) Access to cannabidiol products. Nothing in this section or rules promulgated under this section shall be construed as limiting a person's access to cannabidiol products under s. 961.32 (2m) (b).

SB188,34 Section 34 . 94.55 (3) of the statutes, as affected by 2019 Wisconsin Act .... (this act), is repealed.

SB188,35 Section 35 . 94.55 (3) (c) of the statutes is repealed.

SB188,36 Section 36 . 94.55 (3m) of the statutes is created to read:

SB188,14,8 94.55 (3m) Truth in labeling. (a) No person may do any of the following:

SB188,14,9 1. Mislabel hemp or a hemp product.

SB188,14,12 2. Knowingly make an inaccurate claim about the content, delta-9-tetrahydrocannabinol concentration, quality, or origin of hemp or a hemp product in the course of transferring or selling the hemp or hemp product.

SB188,14,13 3. Knowingly sell at retail mislabelled hemp or hemp products.

SB188,14,16 (b) The department shall investigate violations of par. (a). The department, or any district attorney or the department of justice upon the request of the department, may on behalf of the state do any of the following:

SB188,14,18 1. Bring an action for temporary or permanent injunctive relief in any court of competent jurisdiction for any violation of par. (a).

SB188,14,21 2. Bring an action in any court of competent jurisdiction for the recovery of a civil forfeiture against any person who violates par. (a) in an amount not more than $1,000 for each violation.

SB188,14,25 (c) In addition to any other remedies provided by law, any person suffering a pecuniary loss because of a violation of par. (a) may bring a civil action to recover damages together with costs and disbursements, including reasonable attorney fees, and for equitable relief as determined by the court.

SB188,37 Section 37. 94.55 (3r) of the statutes is created to read:

SB188,15,9 94.55 (3r) Private cause of action for grower contracts. Any contract to purchase hemp from a hemp grower in this state shall provide that payment will be made to the grower within 7 days of taking possession of the hemp, unless the grower voluntarily and knowingly agrees to a different method of payment. In addition to any other remedies provided by law, any person suffering a pecuniary loss because of a violation of this subsection may bring a civil action to recover damages together with costs and disbursements, including reasonable attorney fees, notwithstanding s. 814.04 (1), and for equitable relief as determined by the court.

SB188,38 Section 38 . 94.55 (3w) of the statutes is created to read:

SB188,15,23 94.55 (3w) Emergency rules. When promulgating rules under this section, the department may, as necessary, use the procedure under s. 227.24 to promulgate emergency rules. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), initial emergency rules and subsequent emergency rules promulgated under this subsection remain in effect until the date on which permanent rules take effect. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.

SB188,39 Section 39 . 94.67 (2) of the statutes is amended to read:

SB188,16,4 94.67 (2) “Agricultural commodity" means any plant or part of a plant, animal, or animal product produced by a person primarily for sale, consumption, propagation, or other use by humans or animals. “Agricultural commodity” includes industrial hemp.

SB188,40 Section 40 . 94.67 (15c) of the statutes is created to read:

SB188,16,6 94.67 (15c) “Hemp” has the meaning given in s. 94.55 (1).