CHAPTER 93
DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION
93.03 Offices of department, hearings, investigations.
93.075 Policy of cooperative marketing adopted.
93.08 Access for law enforcement.
93.09 Standards and regulations.
93.10 Inspector's certificate.
93.11 Licensing of inspectors.
93.12 Laboratories, approval of.
93.14 Power to conduct hearings; secure evidence; witness fees.
93.15 Reports to department; inspections.
93.16 Preliminary investigation.
93.18 Hearings; orders; service; procedure; revocation.
93.22 Enforcement provisions.
93.29 Exposition center grants.
93.31 Livestock breeders association.
93.35 Weather modification.
93.42 Center for international agribusiness marketing.
93.44 Commodity promotion.
93.46 Agricultural diversification.
93.47 Sustainable agriculture grant program.
93.48 Farms for the future; deposit of funds.
93.50 Farm mediation and arbitration program.
93.55 Chemical and container collection grants.
93.60 Computer system equipment, staff and services transfers.
93.01
93.01
Definitions. The following terms, wherever used in
chs. 93 to
100 or in any order, regulation or standard made thereunder, have the meaning here indicated, unless the context otherwise requires:
93.01(1b)
(1b) "Agriculture" includes aquaculture.
93.01(1d)
(1d) "Aquaculture" means the controlled cultivation of aquatic plants and animals.
93.01(1m)
(1m) "Business" includes any business, except that of banks, savings banks, savings and loan associations and insurance companies. "Business" includes public utilities and telecommunications carriers to the extent that their activities, beyond registration, notice and reporting activities, are not regulated by the public service commission and includes public utility and telecommunications carrier methods of competition or trade and advertising practices that are exempt from regulation by the public service commission under
s. 196.195,
196.196,
196.202,
196.203,
196.219 or
196.499 or by other action of the commission.
93.01(2)
(2) "Cooperative association" includes cooperatives and foreign cooperatives as defined in
s. 185.01.
93.01(3)
(3) "Department" means the department of agriculture, trade and consumer protection.
93.01(4)
(4) "Documents" includes books, papers, accounts, records and correspondence.
93.01(5)
(5) "Farm products" includes all products of agriculture, horticulture, dairying, livestock, poultry and bee raising.
93.01(6)
(6) "Food products" includes all articles and commodities used for food, drink, confectionary or condiment.
93.01(7)
(7) "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.
93.01(8)
(8) "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.
93.01(9)
(9) "Marketing", as applied to receptacles, means using receptacles in marketing food products or farm products.
93.01(10)
(10) "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).
93.01(11)
(11) "Possession", as applied to receptacles, means possessing them in the course of possessing food products or farm products for commercial purposes.
93.01(12)
(12) "Possession", when used in
ss. 93.09 and
93.10, means possession after the product or receptacle is ready for marketing.
93.01(13)
(13) "Production" includes mining, manufacturing, agriculture, horticulture, dairying and livestock, poultry and bee raising.
93.01(14)
(14) "Products" include all articles and commodities in general use.
93.01(15)
(15) "Secretary" means the secretary of agriculture, trade and consumer protection.
93.02
93.02
Staff. 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.
93.02 History
History: 1977 c. 418.
93.03
93.03
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.
93.06
93.06
Department powers. The department may:
93.06(1)
(1) Information. Obtain and furnish:
93.06(1)(a)
(a) 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.
93.06(1)(b)
(b) Information regarding the sources of supply of products necessary for the people of the state and the location of markets for Wisconsin products.
93.06(1)(c)
(c) Information relating to economy and efficiency in the distribution of products.
93.06(1)(d)
(d) 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.
93.06(1)(e)
(e) Lists of persons engaged in the production or distribution of products.
93.06(1)(f)
(f) Information regarding products and situations that are the subject of laws under its supervision.
93.06(1d)
(1d) Fees. 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.
93.06(1f)
(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.
93.06(1g)
(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.
93.06(1h)
(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.
93.06(1m)
(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.
93.06(1p)
(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.
93.06(1q)
(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.
93.06(1r)
(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.
