"Grade" includes, in the case of food products or farm products, grade according to quality, quantity, type, variety, size, weight, dimensions or shape of the products, and, in the case of receptacles, grade according to quality, type, size, weight, content, dimensions, or shape of the receptacle.
"Marketing", as applied to food products or farm products, includes packing, storing, loading, offering or shipping to a point within the state, if any of these acts is for a commercial purpose, or selling.
"Marketing", as applied to receptacles, means using receptacles in marketing food products or farm products.
"Pests" include any living stage of insects, mites, nematodes, slugs, snails or other invertebrate animals injurious to plants, plant products, animals and humans; any bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, mycoplasma, protozoans or infectious substances which cause disease in or damage to plants or plant products; any host upon which a plant pest is dependent for the completion of all or a portion of its life cycle; and any other living organism classified as a pest under s. 94.69 (1)
"Possession", as applied to receptacles, means possessing them in the course of possessing food products or farm products for commercial purposes.
"Possession", when used in ss. 93.09
, means possession after the product or receptacle is ready for marketing.
"Production" includes mining, manufacturing, agriculture, horticulture, dairying and livestock, poultry and bee raising.
"Products" include all articles and commodities in general use.
"Secretary" means the secretary of agriculture, trade and consumer protection.
The secretary shall appoint all staff necessary for the carrying out of the duties of the department, all of whom shall be under the classified service except the deputy secretary, the executive assistant and, subject to s. 230.08 (4) (a)
, the administrators of divisions. Each such deputy secretary, executive assistant or administrator shall be appointed by the secretary with the approval of the board.
History: 1977 c. 418
Offices of department, hearings, investigations.
The principal office of the department shall be in Madison, but, with the approval of the governor, other offices may be maintained elsewhere in the state as may be necessary for the efficient functioning of the department. Hearings, investigations and meetings necessary to the carrying out of any of the duties of the department may be conducted anywhere within or without the state, as the department determines to be for the best interests of the state and the parties immediately concerned.
The department may:
Obtain and furnish:
Information relating to prices, profits and costs involved in the production or distribution of products and to the supply, demand, sales, purchases, deliveries, receipts, offers, acceptances, storage and commercial movement of products and to any other factors affecting the market value of products or market conditions.
Information regarding the sources of supply of products necessary for the people of the state and the location of markets for Wisconsin products.
Information relating to economy and efficiency in the distribution of products.
Information relating to the selection of proper shipping routes, adoption of advisable shipping methods, avoidance of delays incident to transportation and to other distribution problems connected with transportation.
Lists of persons engaged in the production or distribution of products.
Information regarding products and situations that are the subject of laws under its supervision.
Charge a fee to a person requesting information published under sub. (1)
, but the fee may not exceed the department's cost of publishing the requested information.
(1f) Animal health inspection and testing.
Perform animal health inspections and tests and examine animal health documentation at the state fair, the world dairy expo, inc., the world beef expo, the midwest horse show and other livestock exhibitions held in this state and attended by participants from outside of this state, as specified by the department by rule. The department may charge a fee to the sponsor of the exhibition to cover the reasonable costs of the department's inspection and testing services whether or not the sponsor requests the services. This subsection does not apply to county fairs or other local livestock exhibitions.
(1g) Interstate health certificates.
Furnish, to veterinarians in this state, forms to be used by them in issuing interstate health certificates or certificates of veterinary inspection. The department may charge a $2 fee for each form unless the department specifies a different fee by rule.
(1h) Animal health supplies.
Sell, at not more than its cost, animal identification tags to persons who are required or authorized to use those identification tags.
(1m) Service inspections of farm products.
Upon request or for grading or certification purposes, inspect animals, plants, farm products, food products and agricultural commodities, as defined in s. 96.01 (3)
. Inspection may include examination, diagnosis, sample collection and analysis, weighing and testing and the supervision of any of those activities. Facilities, equipment, vehicles and vessels used in the production, processing, storage or distribution of the animals, plants, farm products, food products or agricultural commodities may be inspected. Inspection and certification may be performed in cooperation with any federal agency. To enable any such inspection and certification service, the department may charge uniform fees and may bring an action to recover the fees, including reasonable costs of collection.
(1p) Service testing related to department programs.
Provide inspection services, diagnostic services and analytical or testing services upon request if the requested service is related to an authorized department program and serves program objectives. The department may charge a fee to cover its cost to provide the requested services.
(1q) Marketing services.
Provide marketing services upon request and charge a fee for those services, but the fee may not exceed the department's cost of providing those services.
(1r) Test, time or seal pasteurizers.
Upon request of a dairy plant operator or an applicant for a dairy plant license, test, time or seal pasteurizers. The department may charge a fee to cover its cost for the testing, timing or sealing service, regardless of whether the testing, timing or sealing is required by law.
(1s) Standard samples.
Provide standard samples representing product or commodity grades and charge a fee for the samples, but the fee may not exceed the department's cost of providing those services.
(1w) Review of dairy or food processing equipment and plans.
Upon request, review dairy or food processing equipment before its installation at, or review plans for the construction of, a dairy plant, as defined in s. 97.20 (1) (a)
, a dairy farm, as defined in s. 97.22 (1) (a)
, a food warehouse, as defined in s. 97.27 (1) (b)
, a food processing plant, as defined in s. 97.29 (1) (h)
, a retail food establishment, as defined in s. 97.30 (1) (c)
, or an establishment, as defined in s. 97.42 (1) (d)
. The department may charge a fee to cover its cost for providing such review service, regardless of whether the review is required by law.
(1z) Interest on overdue service fees.
Establish an interest rate for, and charge interest on, an overdue payment for fees for any service rendered under sub. (1m)
. The department may charge interest on an overdue payment beginning on the day after the payment due date that is stated on the fee invoice sent to a recipient of such service. The department shall state the interest rate charged for an overdue payment on the fee invoice, and may charge the recipient of the service not more than that rate on an overdue payment. An interest rate established under this subsection may not exceed the amount of the interest rate under s. 814.04 (4)
Prescribe a form of statement to be used at each regular payment date by every cheese factory, butter factory, condensary or milk receiving plant to any person from whom milk is purchased or received on a butterfat or cheese basis.
(3) Food or fuel scarcity.
With the consent of the governor, after public hearing, issue general or special orders to avert, relieve or terminate a scarcity of food products or fuel in this state.
(5) Public markets; cooperative associations. 93.06(5)(a)(a)
Give assistance in the organization, operation or reorganization of such public markets as are authorized by law, and of cooperative associations.
By general order, prescribe uniform systems of accounting for public markets or cooperative associations, and may, by general or special order, require any such market or cooperative association to render report, in form indicated by the department, to show the nature and volume of business, resources, liabilities, profits, losses and any other facts bearing upon the financial condition of the market or cooperative association.
By general or special order, require any cooperative association doing business in this state to file with the department a verified copy of its bylaws and of any exclusive contract of sale or agency between the association and its members or patrons.
Investigate the management of any such cooperative association, and may make the facts, relating to said management, available to the members of the association, when a request for such investigation has been filed with the department, signed by all the directors or by at least twenty per cent of the members (in the case of associations of less than five hundred members) and by at least one hundred members (in the case of associations of five hundred or more members). The department shall fix and collect a fee for such investigations, to be the actual cost thereof.
By general or special order, require any cooperative association doing business in this state or in the process of organization to file with the department a report of its promotion expenses.
Set aside a portion of its funds as a cooperative educational fund. The money so set aside shall be used to acquaint producers and consumers with the advantages to the general public of cooperative handling of farm and dairy products and for instruction and research to increase the efficiency of cooperative marketing associations.
(7) Deny, suspend or revoke licenses.
Deny, suspend or revoke any permit, certificate, registration or license if the applicant therefor or holder thereof is not fit, qualified or equipped or has violated or failed to obey any applicable law, order or regulation, or has misrepresented or intentionally failed to disclose a material fact in making the application. In determining whether any person is fit, qualified or equipped, the department shall consider, among other things, character and conduct, including past compliance or noncompliance with law. The department may follow the procedure provided for special orders in s. 93.18
, or the applicant or permit holder, certificate holder, registrant or licensee may, within 10 days after notice of denial, suspension or revocation, demand such procedure. Rehearing and judicial review shall be as provided in ch. 227
(8) Prescribe conditions of licenses.
Issue any permit, certificate, registration or license on a temporary or conditional basis, contingent upon pertinent circumstances or acts. If the temporary or conditional permit, certificate, registration or license is conditioned upon compliance with chs. 93
, ch. 127
, a rule promulgated by the department or a regulation adopted under s. 97.41 (7)
within a specified period of time and the condition is not met within the specified period, the permit, certificate, registration or license shall be void.
Collect, report and illustrate the results of investigations.
(10) Warning notices.
Dispose of minor violations of the laws under its supervision without prosecution by issuing written notice or warning whenever it appears that the public interest will be adequately protected.
(10m) Farmland preservation collections.
Enter into contracts to collect amounts owed to the state under ch. 91
as the result of the relinquishment of, or the release of land from, a farmland preservation agreement or as the result of the rezoning of land zoned for exclusive agricultural use.
Cooperate with, and enter into agreements with, political subdivisions of this state or any department or agency of this state, other states, or of the United States for the purpose of carrying out its functions, and securing uniformity of regulations. Agreements may authorize the agents and employes of such agencies to enforce the laws and regulations administered by this department. When so engaged, agents and employes of cooperating agencies shall have the same powers as employes of the department and shall act under the direction and control of the department.
Enter into cooperative agreements with other governmental departments and agencies of this state and the United States which authorize employes of the department to enforce the laws and regulations administered by such agencies which are directly related to the laws and regulations of this state administered by the department. Every such agreement may provide for reimbursement to this state for the cost of such enforcement activity.
It shall be the duty of the department:
To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs. 93
, which regulations shall have the force of law.
To prescribe forms for all applications, notices and reports required to be made to the department or which are necessary in its work.
(3) Promotion of agriculture.
To promote the interests of agriculture, dairying, horticulture, manufacturing, commercial fishing and the domestic arts and to advertise Wisconsin and its dairy, food and agricultural products by conducting campaigns of education throughout the United States and in foreign markets. Such campaigns shall include the distribution of educational and advertising material concerning Wisconsin and its plant, animal, food and dairy products. The department shall coordinate efforts by the state to advertise and promote agricultural products of this state, with the department of commerce where appropriate. The department shall submit its request and plan for market development program expenditures for each biennium with its biennial budget request. The plan shall include the identification and priority of expenditures for each market development program activity.
(4) State aid to livestock breeders association.
To receive and examine, prior to its transmission to the department of administration, the biennial request for state aid of the Wisconsin livestock breeders association; to transmit and make recommendations upon this request to the department of administration and the governor; and to advise as to the manner of expending and accounting for state moneys appropriated to that organization.
(5) Advice to university of Wisconsin system.
To give advice to the secretary of education as to the courses in agricultural economics to be given in the university of Wisconsin system.
Effective date note
Sub. (5) is shown as amended eff. 1-1-96 by 1995 Wis. Act 27
. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no. 95-2168
-OA. Prior to Act 27 it read:
Effective date text
(5) Advice to university of Wisconsin system. To give advice to the state superintendent of public instruction as to the courses in agricultural economics to be given in the university of Wisconsin system.
Upon authorization by the governor, to make such public exhibits as will tend to inform the public of the work of the department, and to give such aid in farmers' institutes, dairy and food and farmers' conventions and the agricultural department of the state university as may be deemed advisable.
To collect from the several counties information concerning the extent, condition and prices of farm crops; the number, conditions of health and value of farm animals; prevailing conditions of weather, and such other information as the department may deem of value to the agricultural interests of the state, and to publish monthly statements of such reports, for free distribution among the farmers and other interested persons of the state.
To collect and publish, in the form best calculated to attract to the state desirable immigrants and capital, information relating to the advantages and opportunities offered by this state to the farmer, the merchant, the manufacturer, the home seeker, and the summer visitor. The publication shall be subject to s. 35.29
and shall be in form of circulars, folders and pamphlets, and may be translated and printed in foreign languages; to cause to be inserted in newspapers, magazines and farm papers appropriate notices, and to maintain permanent exhibits in populous centers, if the department shall determine that the best interests of the state will be advanced thereby.
To furnish free, in its discretion, copies of the publications printed under its direction to advancement associations, and societies organized to promote immigration and the development and enrichment of the state, when application is made therefor; to furnish other persons such copies as may be requested at the actual cost of printing; and the money received for such copies shall be paid into the state treasury and credited to the appropriation from which said cost of printing was paid.
To obtain from the heads of the several departments of the state government, the faculty of the state university and the several state institutions, and they are hereby directed to furnish to the department upon request, such information as may be at their command relating to the resources of this state.
(8) Agricultural seeds.
To fix standards of germination for agricultural seeds.
(9) Groundwater protection.
To comply with the requirements of ch. 160
in the administration of any program, responsibility or activity assigned or delegated to it by law.
To protect the health of domestic animals of the state; to determine and employ the most efficient and practical means for the prevention, suppression, control and eradication of communicable diseases among domestic animals, and for these purposes it may establish, maintain, enforce and regulate such quarantine and such other measures relating to the importation, movement and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department may deem necessary. The definition of "communicable disease" in s. 990.01 (5g)
does not apply to this paragraph.
(11) Humane activities.
To cooperate with humane societies and assist duly appointed humane officers in the enforcement of the laws relating to humane education and the prevention of cruelty to animals and for this purpose the department and its authorized agents when engaged in this work shall have the powers of police officers and constables.
(12) Plant pests.
To conduct surveys and inspections for the detection and control of injurious pests, make, modify and enforce reasonable rules needed to prevent the dissemination of pests, and suggest methods of control.
(13) Inspection of apiaries.
To inspect apiaries, furnish information to owners and caretakers with respect to the eradication and prevention of diseases and pest infestations injurious to honeybees.
(14) Poultry slaughterhouses.
To prescribe regulations for the slaughtering of poultry for market.
To cooperate with and provide technical assistance to the several counties, towns, villages and cities in the expenditure of funds raised by the said counties, towns, villages and cities for the control of plant pests or animal diseases.
(15m) Animal health laboratory fees.
To promulgate fees for animal health laboratory services. The amounts of the fees shall be based on the amounts appropriated under s. 20.115 (2) (g)
for costs of services performed by a department animal health laboratory and the unencumbered balance in the appropriation account under s. 20.115 (2) (g)
(16) Regional animal health laboratory.
To maintain a regional animal health laboratory in the city of Barron.
(16m) Laboratory fees, out-of-state users.
To charge each out-of-state person receiving a service from any department laboratory a service fee, the amount of which equals at least 100% of the amount of the department's costs to provide the laboratory service, including administrative and facility costs.
To promote the efficient marketing of the dairy and farm products of Wisconsin, through cooperative marketing associations now in operation or which may be organized hereafter.
To study the possibilities for increasing the markets for Wisconsin dairy and farm products, and through publications, advertising and other appropriate methods to endeavor to extend and improve these markets.
To center the efforts of the department in the performance of its duties under this subsection upon the development of a centralized system of the cooperative marketing of dairy products of Wisconsin. The department may at any time, however, with the approval of the governor, extend its operations to other farm products, for the purpose of developing similar centralized systems for the cooperative marketing of such Wisconsin farm products.
To encourage the consumption of Wisconsin cheese by designing an official logotype to serve as a recognizable identification mark appropriate for affixation to and display in connection with cheese produced in this state as provided in s. 100.057
(19) Pest control compact.
To cooperate with the insurance fund established by the pest control compact ratified and enacted by chapter 583, laws of 1965
. The secretary shall be the compact administrator for this state.
To compile at least once in 2 years statistics relating to the dairy industry in this state, and for such purpose may forward to the owner or manager of any creamery, cheese factory, condensary, or to any other person dealing in or manufacturing dairy products, blanks calling for specific information relating to such industry, and in case of cheese factories, the information shall show the number of pounds each of American, Swiss, limburger and brick cheese made in each factory. These blanks shall, within 60 days from receipt thereof, be filled out and returned to the department and all questions thereon propounded and all information required by such blanks, so far as it is within the power of such person to answer or furnish the same, shall be answered and furnished. The department may take other necessary steps to secure full and complete information and statistics relating to the dairy industry, and to promote the welfare of that industry.
(24) Enforcement of laws.
To enforce chs. 88
and all other laws entrusted to its administration, and especially:
To enforce the laws regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product.
To enforce the laws regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.