93.07(10)(b)
(b) 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.
93.07(11)
(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.
93.07(12)
(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.
93.07(13)
(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.
93.07(14)
(14) Poultry slaughterhouses. To prescribe regulations for the slaughtering of poultry for market.
93.07(15)
(15) Cooperation. 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.
93.07(15m)
(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).
93.07(16)
(16) Regional animal health laboratory. To maintain a regional animal health laboratory in the city of Barron.
93.07(16m)
(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.
93.07(17)(a)(a) 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.
93.07(17)(b)
(b) 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.
93.07(17)(c)
(c) 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.
93.07(17)(d)
(d) 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.
93.07(19)
(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.
93.07(21)
(21) Statistics. 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.
93.07(24)
(24) Enforcement of laws. To enforce
chs. 88 and
93 to
100 and all other laws entrusted to its administration, and especially:
93.07(24)(a)
(a) 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.
93.07(24)(b)
(b) To enforce the laws regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.
93.07(24)(c)
(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful.
93.07(24)(d)
(d) To prosecute or cause to be prosecuted any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.
93.07(25)
(25) World dairy center authority. To cooperate with the world dairy center authority under
ch. 235.
93.07 History
History: 1971 c. 125;
1975 c. 189,
323,
394;
1979 c. 34,
129,
221,
361;
1981 c. 20,
291;
1981 c. 391 s.
210;
1983 a. 410;
1985 a. 29;
1987 a. 27,
186;
1987 a. 399 ss.
307p,
443yx;
1987 a. 403;
1989 a. 56;
1991 a. 39,
269,
309;
1993 a. 216;
1995 a. 27 ss.
3554 to
3556,
9116 (5),
9145 (1);
1995 a. 79,
450.
93.075
93.075
Policy of cooperative marketing adopted. The history of the farm marketing problem in the state and nation, as well as throughout the world, points to a solution chiefly through cooperative marketing efforts of producers. It is, hence, declared to be the policy of this state, in advancing the general good and public welfare, to assist in the organization and development of cooperative associations for production and marketing purposes along lines of dairy and other farm products.
93.075 History
History: 1975 c. 394 s.
10; Stats. 1975 s. 93.075.
93.08
93.08
Access for law enforcement. In performing their duties or in enforcing the laws entrusted to their administration, the department and its authorized agents may do all of the following:
93.08(1)
(1) Enter, within reasonable hours, any field, orchard, garden, packing ground, building, freight or express office, warehouse, car, vessel, vehicle, room, cellar, storehouse, cold storage plant, packing house, stockyard, railroad yard or any other place of business, which it may be necessary or desirable for them to enter.
93.08(2)
(2) Open any box, carton, parcel, package or other receptacle, inspect the contents thereof, and, upon payment or tender of the market value, take samples of any product or material contained therein.
93.08(3)
(3) Inspect products and materials and collect and test samples of them.
93.08 History
History: 1989 a. 282.
93.08 Annotation
This section authorizes stop and search of vehicles transporting livestock in Wisconsin so long as certain constitutional safeguards are met.
77 Atty. Gen. 172.
93.08 Annotation
A warrantless inspection of a dairy farm under authority of ss. 93.08, 93.15 (2), 97.12 (1) and related administrative rules made without prior notice and without the owner being present was not unconstitutional. Because the administrative rules govern operations, equipment and processes not typically conducted in residential areas, the rules and statutes sufficiently preclude making warrantless searches of residences. Lundeen v. Dept. of Agriculture, 189 W (2d) 255, 525 NW (2d) 758 (Ct. App. 1994).
93.09
93.09
Standards and regulations. 93.09(1)
(1) The department, after public hearing, may establish standards for the grade of food products and farm products and for receptacles therefor and may prescribe regulations governing the marks or tags which may be required upon food products or farm products or upon receptacles therefor, for the purpose of showing the name, address or serial number of the person producing or marketing the product or receptacle, the grade of the product or receptacle, the quality, quantity, type, variety, size, weight, dimensions or shape of the product or the quality, type, size, weight, content, dimensions or shape of the receptacle.
93.09(2)
(2) No standard or regulation under this section, which is repugnant to any requirement made mandatory under federal law, shall apply to products or receptacles which are being shipped from the state in interstate commerce.
93.09(3)
(3) No standard shall apply to products or receptacles coming from outside the state but such products or receptacles may be required to be marked or tagged to indicate that they came from outside the state and to show any other fact regarding which marking or tagging may be required under this section; provided, that such products or receptacles, at the time when marking or tagging is required, have ceased to be in interstate commerce.
93.09(4)
(4) No standard established under this section for the grade of any food product or farm product shall affect the right of any person to dispose of such product without conforming to the standard, but such person may be required to mark or tag such product, in such a manner as the department may direct, to indicate that it is not intended to be marketed as of a grade contained in the standard and to show any other fact regarding which marking or tagging may be required under this section.
93.09(5)
(5) No standard or regulation shall be established or prescribed under this section which is in conflict with any standard or regulation contained in or heretofore promulgated under authority of any other statute of the state.
93.09(6)
(6) No standard or regulation shall be established or prescribed by the department of agriculture, trade and consumer protection under this section in any case where any other state department, commission or official has authority to establish such a standard or prescribe such a regulation, unless the department of agriculture, trade and consumer protection establishes the standard or prescribes the regulation jointly with such other department, commission or official. No standard or regulation shall be established or prescribed by any other state department, commission or official in any case where the department of agriculture, trade and consumer protection has authority to establish such a standard or prescribe such a regulation under this section, unless such other department, commission or official establishes the standard or prescribes the regulation jointly with the department of agriculture, trade and consumer protection. The governor shall act as arbiter in case of disagreement or conflict of authority between the department of agriculture, trade and consumer protection and any other state department, commission or official under this section.
93.09(8)
(8) Whenever any standard or regulation under this section has become effective, no person marketing or having in his or her possession for commercial purposes any product or receptacle to which the standard is applicable shall represent such product or receptacle, unless in a manner authorized by the department, as being of any grade other than a grade contained in such standard, except as to products or receptacles included in
subs. (2) and
(3); and no person marketing or having in his or her possession for commercial purposes any product or receptacle to which the standard is applicable shall represent such product or receptacle as being of a grade contained in the standard, when as a matter of fact such product or receptacle is below the requirements of such grade and no person shall market or have in his or her possession for commercial purposes any product or receptacle unless the marking or tagging thereon conforms to the regulation prescribed under this section; and no person shall market or have in his or her possession for commercial purposes any product or receptacle, to which any such marking or tagging regulation is applicable, if such marking or tagging thereon is false or misleading; provided, that representing a product or receptacle as being of a grade contained in the standard, when as a matter of fact such product or receptacle is below the requirements of such grade, shall not be a violation of this section, if the product or receptacle bears the official certificate of an inspector licensed under
s. 93.11; provided, further, that possession, under this section, shall not include possession by a carrier or other bailee.
93.09(9)
(9) Whenever the department finds that any person marketing or having in his or her possession any product or receptacle to which the standard is applicable has intentionally violated
sub. (8), the department, after opportunity for hearing has been given such person, may, by special order, revoke the right of such person to represent any product or receptacle to which the standard is applicable as being of any grade contained in the standard and may, in said order, require such person to mark or tag such product or receptacle as provided in
sub. (4). The department may, without hearing, suspend such right for a period not exceeding ten days, pending investigation. The department may restore such right to any person from whom it has been revoked, where the person gives satisfactory evidence warranting such restoration.
93.09(10)
(10) Whenever any standard is established under this section the department, by regulation, may require any person marketing products or receptacles to which such standard is applicable to secure a permit and pay uniform fees to the department sufficient to cover the cost of the supervision of the grading and inspection provided for in the standard.
93.09 History
History: 1977 c. 29 s.
1650m (4);
1993 a. 492.
93.10
93.10
Inspector's certificate. 93.10(1)
(1) The department, as a means of enforcing the standard for the grade of any food product or farm product or for any receptacle therefor, may, by general order, after public hearing, require any such product or receptacle to bear the official certificate of an inspector licensed under
s. 93.11.
93.10(2)
(2) Whenever the department has required any product or receptacle to bear the official certificate of an inspector licensed under
s. 93.11, no person marketing or having in his or her possession for commercial purposes any such product or receptacle shall remove, mutilate or alter the official certificate thereon or represent such product or receptacle, unless in a manner authorized by the department, as being of any grade other than the grade designated by the official certificate thereon, except as to products or receptacles included in
s. 93.09 (2) and
(3); and no person shall market or have in his or her possession for commercial purposes any such product or receptacle unless such product or receptacle bears the official certificate of an inspector licensed under
s. 93.11, except as to products or receptacles included in
s. 93.09 (2),
(3) and
(4); provided, that such a product or receptacle may be marketed or had in possession without an official certificate issued at the point of shipment if such product or receptacle is destined for shipment to a point within the state, where the shipper has arranged for the issuance of an official certificate; provided, further, that possession under this section, shall not include possession by a carrier or other bailee.
93.10 History
History: 1993 a. 492.
93.11
93.11
Licensing of inspectors. 93.11(1)
(1) The department, upon presentation of satisfactory evidence that the applicant is competent, may issue a license to any person to certify the grade of food products or farm products or of receptacles therefor, for which standards have become effective under
s. 93.09. The purpose of such certification may be either to enforce the standard or merely to furnish to an interested party an official statement of the grade. A certificate issued under this section, unless superseded by a finding as provided in
sub. (4), shall be accepted in any court of this state as prima facie evidence of the facts to which the certificate relates.
93.11(2)
(2) Applications for a license, or any renewal of a license, shall be submitted on forms prescribed by the department and be accompanied by a fee of $25. All licenses, unless sooner rescinded or revoked, shall expire on September 30 of the 2nd year commencing after the date of issuance or renewal. As a condition to the issuance or renewal of a license, applicants shall demonstrate to the satisfaction of the department their competency to act as an inspector by education, training, experience or examination as the department requires.
93.11(3)
(3) The department may (by general order, after public hearing) fix and cause to be collected a reasonable, uniform fee for certification where necessary for the adequate enforcement of an order issued under
s. 93.10. The department shall fix and cause to be collected a reasonable, uniform fee for certification where the purpose of such certification is merely to furnish to an interested party an official statement of the grade.
93.11(4)
(4) Any person affected by a certification made under this section may appeal to the department from such certification within a reasonable time to be prescribed in regulations issued by the department. The department shall thereupon make an investigation to determine the true grade of the product or receptacle and shall issue a finding thereof. Such a finding shall be accepted in any court of this state as prima facie evidence of the facts to which the finding relates.
93.11(5)
(5) The department shall charge and collect a reasonable fee for any appeal taken under this section but shall refund such fee if the appeal is sustained.
93.11(6)
(6) The department, after opportunity for hearing has been given the licensee, may, by special order, revoke any license issued under this section, whenever the department finds that such licensee is incompetent or has made material false statements in order to obtain a license or has knowingly or carelessly issued any false or improper certificate of grade or has accepted money or other consideration, directly or indirectly, as compensation for any neglect or improper performance of duty or has violated
chs. 93 to
100 or any regulation made thereunder. The department may, without hearing, suspend such right for a period not exceeding ten days, pending investigation. The department may restore the license of any person whose license has been revoked, where the person gives satisfactory evidence warranting such restoration.
93.11(7)
(7) No person shall certify or attempt to certify that the grade of any food product or farm product or of any receptacle therefor conforms or does not conform to the standard established under
s. 93.09, unless such person holds an unrevoked and unsuspended license issued under this section. No person shall influence or attempt to influence any licensee to neglect or improperly perform the licensee's duty. No licensee shall knowingly issue any false or improper certificate of grade or accept money or other consideration, directly or indirectly, as compensation for any neglect or improper performance of the licensee's duty.
93.11(8)
(8) Chapter 230 shall not apply to inspectors licensed under this section who receive no salary or are handled merely upon a fee basis.
93.12
93.12
Laboratories, approval of. 93.12(1)
(1) It is the purpose of this section to assure the reliability and quality of manual and automated laboratory examinations made for the protection of the health of the public.
93.12(2)
(2) Any laboratory that is established and operated to perform bacteriological or microscopic examinations of milk, water and food products for the purpose of protecting the health of the public shall apply to the department for an evaluation of the examinations and appropriate certification.
93.12(3)
(3) The department shall designate which laboratory examinations it deems necessary for the protection of the health of the public. Substantial failure of any laboratory to show evidence of quality control procedures, sufficient to comply with current standards and practice as prescribed by the department, shall result in denial or revocation of the certificate of approval. The department shall provide for consultation on laboratory methods and procedures.
93.12(4)
(4) The department, after conducting an evaluation for each specialty area and after receiving a fee for each specialty area from the laboratory, shall issue a certificate of approval to the laboratory covering those examinations which have met the minimum standards established by the department. The department shall issue an interim certificate of approval for an approved laboratory that applies for initial certification, which shall be valid for the remainder of the calendar year for which it is issued. Certification renewals shall be issued on a calendar-year basis. Specialty fees for certification of an initially certified laboratory and a certified laboratory that applies to expand its current certification with newly established specialties shall be prorated at one-twelfth of the annual fee for each month remaining in the calendar year for which the certificate of approval is issued. A certificate of approval shall be revoked by the department if the minimum standards established by the department for certification are not met within 2 successive evaluations. Fees collected under this subsection shall be credited to the appropriation under
s. 20.115 (1) (gb).
93.12(5)
(5) The department shall establish uniform minimum standards to be used in the evaluation and certification of laboratory examinations. The department shall submit any rules proposed under this subsection which affect the laboratory certification program under
s. 299.11 to the department of natural resources and to the state laboratory of hygiene for review and comment. These rules may not take effect unless they are approved by the department of natural resources within 6 months after submission.
93.12(6)
(6) Laboratories required to apply to the department under
sub. (2) shall not operate without a certificate of approval. Any lab which operates without a certificate of approval shall be fined not less than $100 nor more than $1,000. Each day such violation continues shall constitute a separate offense.
93.12(7)
(7) The department shall promulgate rules establishing a fee schedule to offset the cost of the certification of laboratories and the collection of fees under
sub. (4).
93.12(8)
(8) The department shall enter into a memorandum of understanding with the department of natural resources setting forth the responsibilities of each department in administering the laboratory certification programs under
sub. (5) and
s. 299.11. The memorandum of understanding shall include measures to be taken by each department to avoid duplication of application and compliance procedures for laboratory certification.
93.12(9)
(9) The department shall recognize the certification or registration of a laboratory by the department of natural resources under
s. 299.11 and shall accept the results of any test conducted by a laboratory certified or registered to conduct that category of test under that section.
93.14
93.14
Power to conduct hearings; secure evidence; witness fees. 93.14(1)(1) The department or any of its authorized agents may, in relation to any matter within the department's power, conduct hearings, administer oaths, issue subpoenas and take testimony.
93.14(2)
(2) The witnesses and officers who subpoena them shall be entitled to the fees allowed in courts of record. Such fees shall be audited and paid by the state in the same manner as other expenses of the department are audited and paid. No witness subpoenaed at the instance of any party other than the department shall be entitled to payment of fees by the state, unless the department certifies that the testimony of such witness was material.
93.14(3)
(3) Any person who shall unlawfully fail to attend as a witness or refuse to testify may be coerced as provided in
s. 885.12.
93.14(4)
(4) A record of all hearings shall be kept in the office of the department. All hearings shall be public.
93.15
93.15
Reports to department; inspections. 93.15(1)
(1) The department may, by general or special order, require persons engaged in business to file with the department, at such time and in such manner as the department may direct, sworn or unsworn reports or sworn or unsworn answers in writing to specific questions, as to any matter which the department may investigate.
93.15(2)
(2) The department or any of its authorized agents may have access to and may copy any document, or any part thereof, which is in the possession or under the control of any person engaged in business, if such document, or such part thereof, is relevant to any matter which the department may investigate.
93.15(3)
(3) No person shall refuse or fail to render any report or answer required under this section at such time and in such manner as the department may prescribe. No person shall refuse, neglect or fail to submit, for the purpose of inspection or copying, any document demanded under this section. No person shall wilfully make any false entry or statement in any report or answer required or document demanded under this section. No person shall wilfully fail to make full and true entries and statements in any report or answer required or document demanded under this section. No person shall, for the purpose of embarrassing the department in the conduct of any investigation, hearing or proceeding, remove out of the state or mutilate or alter any document. No person shall, except through judicial process, resist or obstruct any official or subordinate of the department in the exercise of the official's or subordinate's lawful authority.
93.15 History
History: 1993 a. 492.
93.15 Annotation
A warrantless inspection of a dairy farm under authority of ss. 93.08, 93.15 (2), 97.12 (1) and related administrative rules made without prior notice and without the owner being present was not unconstitutional. Because the administrative rules govern operations, equipment and processes not typically conducted in residential areas, the rules and statutes sufficiently preclude making warrantless searches of residences. Lundeen v. Dept. of Agriculture, 189 W (2d) 255, 525 NW (2d) 758 (Ct. App. 1994).
93.16
93.16
Preliminary investigation. 93.16(1)
(1) The department may, at any time, conduct such preliminary investigation as is necessary and proper to determine whether a hearing or proceeding ought to be begun under the provisions of this chapter.
93.16(2)
(2) The authority contained in
ss. 93.14 and
93.15 may be used in the conduct of such preliminary investigation.
93.17
93.17
Immunity; perjury. 93.17(1)(1) Except as to a hearing or proceeding under
s. 93.06 (3) or as to an investigation preliminary thereto, no person may be excused from testifying or rendering a report or answer or producing or submitting a document, in response to a demand made under
s. 93.14 or
93.15, upon the ground or for the reason that the testimony or report or answer or document required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture; but no natural person may be prosecuted or subjected to any penalty or forfeiture for or on account of testifying or rendering a report or answer or producing or submitting a document, in response to a demand made under
s. 93.14 or
93.15, and no testimony so given or report or answer so rendered or document so produced or submitted may be received against him or her in any criminal action, investigation or proceeding; provided, that no natural person so testifying may be exempt from prosecution and punishment for perjury committed by him or her in so testifying or for misrepresentation or concealment committed by him or her in so rendering a report or answer or so producing or submitting a document.
93.17(2)
(2) The immunity provided under
sub. (1) is subject to the restrictions under
s. 972.085.
93.17 History
History: 1989 a. 122.
93.18
93.18
Hearings; orders; service; procedure; revocation. 93.18(1)(1) General orders, standards and regulations shall be adopted, amended and repealed as prescribed in
ch. 227.
