68,29 Section 29 . 94.55 (2g) of the statutes is created to read:
94.55 (2g) Negligent violations. (a) This subsection applies only to hemp producers, and only if the department determines that the hemp producer has negligently violated this section or rules promulgated under this section, including by negligently doing any of the following:
1. Failing to provide a legal description of land on which the producer produces hemp.
2. If required under federal law, failing to obtain a license or other required authorization from the department or from the U.S. department of agriculture.
3. Producing Cannabis sativa L. with a delta-9-tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis or the maximum concentration allowed by law up to 1 percent.
(b) A hemp producer who negligently violates this section or rules promulgated under this section shall comply with a plan established by the department to correct the negligent violation, which shall include all of the following:
1. A reasonable date by which the hemp producer is required to correct the negligent violation.
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.
(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.
68,30 Section 30 . 94.55 (2m) of the statutes is created to read:
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.
68,31 Section 31 . 94.55 (2p) of the statutes is created to read:
94.55 (2p) Felony convictions. The department, with the assistance of the department of justice, shall, if required for federal authorization of this state's hemp program, conduct a background investigation of any person who applies to the department to produce hemp in this state, which shall include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and 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 held 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 December 20, 2018, and the felony conviction occurred prior to that date.
68,32 Section 32 . 94.55 (2r) of the statutes is created to read:
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.
68,33 Section 33 . 94.55 (2t) of the statutes is created to read:
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).
68,34 Section 34 . 94.55 (3) of the statutes, as affected by 2019 Wisconsin Act .... (this act), is repealed.
68,35 Section 35 . 94.55 (3) (c) of the statutes is repealed.
68,36 Section 36 . 94.55 (3m) of the statutes is created to read:
94.55 (3m) Truth in labeling. (a) No person may do any of the following:
1. Mislabel hemp or a hemp product.
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.
3. Knowingly sell at retail mislabelled hemp or hemp products.
(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:
1. Bring an action for temporary or permanent injunctive relief in any court of competent jurisdiction for any violation of par. (a).
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.
(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.
68,37 Section 37 . 94.55 (3r) of the statutes is created to read: