2017 - 2018 LEGISLATURE
February 8, 2017 - Introduced by Senators Petrowski, Testin,
Cowles and Olsen,
cosponsored by Representatives
Spiros, E. Brooks, Edming, Felzkowski,
Kulp, Tauchen and Vruwink. Referred to Committee on Agriculture, Small
Business and Tourism.
1An Act to create
94.36 of the statutes; relating to: seed potato certification and
2use and providing penalties.
Analysis by the Legislative Reference Bureau
This bill requires a person who plants five or more acres of potatoes in a year
to use only seed potatoes that are certified by the College of Agricultural and Life
Sciences of the University of Wisconsin-Madison under existing rules promulgated
by the Department of Agriculture, Trade and Consumer Protection, or by an
equivalent program in another state. The bill allows DATCP to waive the
certification requirement if there are not enough certified seed potatoes reasonably
available to growers. The bill also requires a person who grows five or more acres
of potatoes in a year to keep certain records of each field of seed potatoes planted
during a growing season.
A person who plants seed potatoes in violation of the certification requirements
under the bill is subject to a forfeiture of not more than $150, plus $150 for each acre
planted in violation. A person who violates the records-retention or inspection
requirements under the bill is subject to a forfeiture of not more than $200.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
94.36 of the statutes is created to read:
294.36 Certified seed potatoes.
(1) Prohibition; waiver
. (a) Except as 3
provided in par. (b), no person may plant 5 or more acres of potatoes in this state in 4
a calendar year unless all of the seed potatoes that will be used for planting in this 5
state by the person are certified under ch. ATCP 156, Wis. Adm. Code.
(b) The department, upon the request of one or more growers, may waive the 7
prohibition under par. (a) for a growing season if there are not enough certified seed 8
potatoes reasonably available to growers during that calendar year and the 9
department determines that the seed potatoes that will be used for planting do not 10
pose a serious disease threat.
. (a) A person who plants 5 or more acres of potatoes in this state 12
in a calendar year shall retain all of the following records, for each field planted, for 13
a period of 3 years after planting:
1. The name and location of the person from whom the seed potatoes were 15
2. A copy of the sales contract and invoice for the seed potatoes.
3. The certification tag for the seed potatoes.
(b) Records required to be retained under par. (a) are open to inspection by the 19
department during normal business hours. A person required to retain records 20
under par. (a) shall provide a copy of those records to the department upon request.
. (a) Any person who plants potatoes in violation of sub. (1) in 22
a calendar year shall forfeit not more than $150, plus not more than $150 for each 23
full acre planted in violation of sub. (1).
(b) Any person who fails to retain, allow inspection of, or provide copies of 25
records in violation of sub. (2) shall forfeit not more than $200.
This act takes effect on January 1, 2018, or on the 2
day after publication, whichever is later.