Assembly Bill 154 aims to amend the regulations surrounding 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 any non-compliant seed potatoes. Additionally, if a person fails to comply with such an order, DATCP or a local government can take action to remove the potatoes, with costs assessed as taxes.

The bill also significantly increases the penalties for violations. A person found in violation of the planting requirements or record-keeping obligations may face a forfeiture of up to $5,000, with additional penalties for each acre planted in violation. The previous penalties of $150 for planting violations and $200 for record-keeping violations have been replaced with these higher amounts. Furthermore, the bill establishes a process for individuals to request a hearing regarding any orders issued by DATCP, ensuring due process in enforcement actions.

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