Senate Bill 164 aims to amend existing regulations regarding the use of certified seed potatoes for planting in Wisconsin. Under the current law, individuals planting five or more acres of potatoes must use certified seed potatoes, with the Department of Agriculture, Trade and Consumer Protection (DATCP) having the authority to waive this requirement under certain conditions. The bill introduces new provisions allowing DATCP to impose geographic restrictions on the planting of waived seed potatoes and grants the department the authority to order the removal and destruction of non-compliant seed potatoes. If a person fails to comply with such an order, DATCP or a local government can take action to remove the potatoes, with costs recoverable as taxes.

Additionally, the bill significantly increases the penalties for violations. A person found in violation of the seed potato certification requirements may face a forfeiture of up to $5,000, plus an additional $5,000 for each acre planted in violation. The bill also establishes a new enforcement mechanism, requiring individuals to comply with DATCP orders within 72 hours, with the possibility of a hearing if requested. The previous penalties and provisions related to record-keeping violations have also been updated to align with these changes.

Statutes affected:
Bill Text: 94.36(1)(title), 94.36, 94.36(3)