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.
93.18(2)
(2) The department, in any matter relating to issuing, revoking or amending a special order relating to named persons, except as provided in
sub. (3), shall serve upon the person complained against a complaint in the name of the department and a notice of a public hearing thereon to be held not sooner than 10 days after such service. The person complained against shall be entitled to be heard in person, or by agent or attorney and shall be entitled to process to compel the attendance of witnesses.
93.18(3)
(3) The department, after acting pursuant to
s. 100.37 or
100.41 to
100.43 to order the sale or distribution of any substance, article, furnishing, fabric, product or related material ceased, shall give written notice of its finding to the manufacturer, seller or other person responsible for placing the item in the channels of trade in this state. After such notice no person may sell, remove or otherwise dispose of such item except as directed by the department. Any person affected by such notice may demand a prompt hearing to determine the validity of the department's findings. The hearing, if requested, shall be held as expeditiously as possible but not later than 30 days after notice. A request for hearing does not operate to stay enforcement of the order during the pendency of the hearing. The person petitioning for a hearing shall be entitled to the same rights specified under
sub. (2).
93.18(4)
(4) The department shall serve a copy of any special order upon the person against whom the order is issued.
93.18(5)
(5) Complaint, notice, order or other process of the department may be served as may be a summons, and a subpoena as provided by
s. 885.03, and either may be served by registered mail to an address furnished by the person or concern to either the department or the secretary of state. Service may be proved by affidavit. Service in any event may be also by registered mail addressed to the person or concern and proved by the post-office return receipt, in which case the time of service is the date borne by the receipt.
93.18(6)
(6) The testimony presented and the proceedings at hearings shall be taken by a stenographic reporter or otherwise recorded and when necessary shall be transcribed. The secretary shall make his or her findings and determination thereon. The department shall make rules of procedure and practice not inconsistent with any law governing such procedure or practice.
93.18 History
History: 1975 c. 117;
1993 a. 492.
93.20
93.20
Enforcement costs. 93.20(1)(1)
Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce
chs. 88,
91 to
100 or
127.
93.20(2)
(2) Enforcement costs order. If a court imposes costs under
s. 814.04 or
973.06 against a defendant in an action, the court may order that defendant to pay to the department any of the enforcement costs specified under
sub. (3) that the department has incurred. The prosecutor shall present evidence of the enforcement costs and the defendant shall be given an opportunity to refute that evidence. If any cost that a court orders a defendant to pay under this section may also be recovered by the department under
s. 814.04 or
973.06, the department may recover that cost only under this section, but that cost is not limited to the amounts specified in
s. 814.04 or
973.06.
93.20(3)
(3) Enforcement costs available. The court may include as an enforcement cost in an order under
sub. (2), the department's reasonable cost of any of the following:
93.20(3)(a)
(a) Expert witnesses who are not employes of the department.
93.20(3)(b)
(b) Depositions, transcripts or photocopying.
93.20(3)(c)
(c) Any investigation, study, analysis, engineering report, test or project that the court finds necessary for the preparation of the action, including the reasonable cost of compensation of laboratory personnel who are employed by the department, but excluding the cost of any other department personnel compensation.
93.20(4)
(4) Restriction on use of enforcement costs. The department shall use the amounts received for enforcement costs in the appropriation under
s. 20.115 (8) (gm) that consist of laboratory personnel compensation to purchase laboratory equipment, supplies or service.
93.21(1)(1)
Failing to furnish information. Any owner or manager of any creamery, cheese factory, butter factory, condensary or milk receiving plant, and any person dealing in or manufacturing dairy products, who fails to furnish the statement prescribed under
s. 93.06 (2) to every person from whom milk is purchased or received, or who fails to comply with
s. 93.07 (21), shall be fined not to exceed $200 or imprisoned in the county jail not to exceed 6 months or both.
93.21(2)
(2) Obstructing officers. Any person who obstructs or interferes with an officer or employe of the department in the performance of his or her duty or who refuses to permit access or sampling under
s. 93.08:
93.21(2)(a)
(a) May be fined not more than $1,000 or imprisoned for not more than 6 months or both.
93.21(2)(b)
(b) In lieu of the penalty under
par. (a), may be required to forfeit not more than $2,000.
93.21(3)
(3) Violation of order or regulation. Any person who violates
s. 93.09 (8),
93.10 (2) or
93.11 (7), or who wilfully violates or refuses, neglects or fails to obey any order or regulation of the department, shall be punished as in
sub. (1).
93.21(4)
(4) Failure to obey orders. Any person who wilfully violates
s. 93.14 (3) or
93.15 (3), or who wilfully violates or refuses, neglects or fails to obey any order or regulation made under
s. 93.06 (3) shall, for each offense, be punished by a fine of not more than five thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.
93.21(5)(a)(a) In this subsection, "license" means a permit, certificate, registration or license issued by the department under
chs. 91 to
100 or
ch. 127.
93.21(5)(b)
(b) A person who files an application for the renewal or reissuance of a license after the license has expired shall pay, in addition to the fee for the license, an additional fee equal to 20% of the license fee or $5, whichever is greater. For purposes of this section, an application for a license shall not be considered an application for the renewal or reissuance of the license if the application is filed more than one year after the date of expiration of the original license.
93.21(6)
(6) Fraudulent use of official seals. Any person who falsifies, alters, forges, counterfeits or fraudulently issues or uses any official certificate, seal, stamp or mark of the department or any official sealing, stamping or marking device of the department:
93.21(6)(a)
(a) May be fined not more than $10,000 or imprisoned for not more than one year in the county jail or both.
93.21(6)(b)
(b) In lieu of the penalty under
par. (a), may be required to forfeit not more than $10,000.
93.21 History
History: 1989 a. 282;
1993 a. 16.
93.22
93.22
Enforcement provisions. 93.22(1)
(1) In cases arising under
chs. 88 and
93 to
100, the department may be represented by its attorney.
93.22(2)
(2) The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under
chs. 88 and
93 to
100.The cost of such special counsel shall be charged to the appropriation for the department.
93.22(3)
(3) In any criminal or civil action under
chs. 88 and
93 to
100, any exception, exemption, proviso, excuse or qualification contained in any of said chapters, or in any order, standard or regulation thereunder, may be proved by the defendant, but need not be specified or negatived in the information or complaint, and, if so specified or negatived, no proof in relation to the matters so specified or negatived, shall be required of the plaintiff.
93.23(1)(1)
State aid to county fairs and agricultural societies. State aid appropriated by
s. 20.115 (4) (b) to counties and agricultural societies, associations or boards shall be paid subject to the following conditions:
93.23(1)(a)1.1. To each county, and any such organized agricultural society, association, or board in the state, 95% of the first $8,000 actually paid in net premiums and 70% of all net premiums paid in excess of $8,000 at its annual fair upon livestock, articles of production, educational exhibits, agricultural implements and tools, domestic manufactures, mechanical implements and productions; but no one premium so paid shall exceed the sum of $35 to a single person, or $75 for any town or other group premium. No fair, association, or board shall receive state aid unless its premium list, entry fees, and charges conform to uniform premium lists and other rules established under
subd. 2., both as to premiums offered, amounts to be paid, entry fees to be charged, and all other charges for exhibiting.
93.23(1)(a)2.
2. In order to have a more equitable distribution of state aid among fairs and to effect wider participation and interest by the public in exhibits, the department may prescribe uniform premium lists setting forth classes of exhibits which will be approved for the purposes of state aid, premium awards in such classes and entry qualifications, fees and charges for exhibitors. All fairs shall receive aid in the same manner and there may be no restrictions on the number of fairs at which an exhibitor may participate and be eligible to receive state-aided premium awards.
93.23(1)(b)
(b) Except as provided in
par. (c), state aid shall be paid on the premiums awarded at only one fair in each county. If the county conducts a fair such state aid shall be paid to the county. If the county does not conduct a fair such state aid shall be paid to the one society, board or association which conducts a fair and is designated by the county board.
93.23(1)(c)
(c) All societies, boards and associations which received state aid in 1950 shall continue to remain eligible therefor so long as they continue to operate a fair each year in conformity with the applicable law and the regulations.
93.23(1)(d)
(d) The proper officers of each county agricultural society, association or board entitled to state aid under this subsection shall submit to the department a complete accounting system for such society, association or board and no state aid shall be paid to such society, association or board until a satisfactory system of accounts has been approved by the department, and installed according to its instructions. Such officers shall, within 120 days after any fair held by their organization, cause to be made and published as a class 1 notice, under
ch. 985, in the county in which the fair is held, a financial statement showing the financial condition of the organization before and after the fair unless such fair is owned and operated by a county, in which case the financial statement shall be published as part of the county board proceedings after the approval thereof by the county board. Such financial statement shall include all receipts, disbursements, accounts receivable and accounts payable in connection with the operation of the fair as the department requires.
93.23(1)(e)
(e) Not later than 30 days after the close of the fair each year the county clerk, or the person appointed therefor by the county board, agricultural society, association or board claiming state aid, shall file with the department, on blanks provided by it, an itemized statement verified on oath, showing net premiums actually paid or to be paid at the preceding fair, which premiums must correspond with uniform premium lists and other requirements under
par. (a). This report shall also include a statement that at such fair all gambling devices whatsoever, the sale of intoxicating liquors excepting fermented malt beverages, and exhibitions of immoral character were prohibited and excluded from the fairgrounds and all adjacent grounds under their authority or control; and on or before December 31 of the year in which the fair is held, the person filing shall furnish the department a statement of receipts and disbursements, attendance and such other information as the department requires. Upon receipt of the required report, each fair shall be paid 100%, or the prorated percentage, of the aid due the preceding year.
93.23(1)(f)
(f) If it appears from such report, and the department shall be satisfied that such county agricultural fairs have been maintained pursuant to the rules and regulations prescribed by it, and that the premiums are the net amount actually paid or to be paid in cash to bona fide exhibitors, it shall certify to the department of administration in favor of each such county agricultural society, association or board the amounts due under the provisions of
par. (a) and the department of administration shall then audit such report. If it appears from any such report that any premiums have been paid to other than bona fide exhibitors, or that premiums have been paid or used in any way contrary to the intent of this subsection, then the department may withhold payment of such state aid until suitable adjustment is made.
93.23(1)(g)
(g) The department may visit and inspect, when necessary, the records, grounds, buildings, or other property of any society, association, or board receiving state aid under this subsection, and it shall have access to the grounds, buildings, and records at all times.
93.23(1)(h)
(h) The department shall annually submit to the governor a detailed statement showing receipts and disbursements of each fair receiving state aid, together with a classified statement of premiums paid, and the amount of state aid claimed and allowed.
93.23(1)(i)
(i) Incorporated dairy or livestock associations, upon substantial compliance with
pars. (a) to
(h), shall be entitled to the state aid therein provided for upon premiums paid for dairy products or livestock or upon articles pertaining to the production or manufacture of such products or the raising of such livestock, in any county in which no annual fair is held by any organized agricultural society, association or board. State aid shall be paid to but one such dairy or livestock association in any one county. All moneys received by any such association shall be paid out by it for the premiums provided for in this subsection substantially as provided in
sub. (2).
93.23(1)(j)
(j) To each county, and any such organized agricultural society, association or board in the state, for the purpose of encouraging and fostering the breeding, development and improvement of standard bred horses in this state, 50% of each purse of $400 and 50% of each purse of $500 paid by it to the owners of the successful contestants in a 2-year-old trot, 2-year-old pace, 3-year-old trot and 3-year-old pace. Any such organization may stage any or all of said events but shall not receive state aid for more than one each of said events in any calendar year. No colt shall be eligible to enter or start therein unless owned by one or more duly qualified electors of this state or trained continuously within the state for not less than 60 days prior to June 15 of the year in which the event is contested. No 2-year-old or 3-year-old colt shall be eligible to enter or start therein, unless owned, raised and trained by one or more duly qualified electors of this state, and unless it is the foal of a mare owned at the time of foaling by one or more qualified electors of this state. Required number of entries and starters shall be 6 to enter and 4 to start. An owner may enter any number of colts but shall not be allowed to start more than 2 colts in the same event. Entry fees for each colt shall not exceed 2% of the purse and shall be payable on or before a closing date to be fixed by the organization. The organization may, at its option, increase any such purse and may also add the entrance money to the purse and divide such added sums among the starters as it sees fit. Money divisions and conditions other than those herein prescribed shall be uniform throughout the state and shall be fixed annually for the next succeeding year by a joint resolution adopted by the boards of directors of the Wisconsin breeders and harness horse association and Wisconsin association of fairs, and certified to the department on or before December 31 in each year. If the boards of directors of said associations fail in any year to adopt and certify said resolution as aforesaid, then such money divisions and conditions for the next succeeding year shall be fixed by the department. On or before December 31 in each year, the county clerk, or the person therefor appointed by the society, association or board claiming state aid, shall file with the department, on blanks provided by it, a statement, verified on oath, showing a true and correct summary of the results of each colt event, the name and address of, and the amount paid to, the owner of each colt, and that the event was in all things conducted as herein provided. Thereupon, state aid shall be certified and paid as provided by
par. (f).
93.23(2)
(2) Use of funds. Subject to
sub. (1), all moneys received by any such society, association or board, either from the state or any other source, after paying the necessary incidental expenses thereof, shall be paid out annually, by bank check or draft, in each individual case, for premiums awarded, in such sums as its bylaws, rules and regulations shall direct, on such live animals, articles of production, educational exhibits, agricultural implements and tools, domestic manufactures, mechanical implements and productions as are the growth and manufacture of the district which such society, association or board represents, but livestock, the growth of any other county, state or country, may receive the same premiums as those which are the growth of the district where fair is located, should the society, association or board governing so decide. Provided, that moneys received by any such society, association or board from a source other than from the state, may be paid out for trials or exhibitions of speed, or other contests, for which published premiums have been offered.
93.23(3)
(3) Entry fee to exhibit may be charged. Any board, fair association, society or other agency conducting an agricultural fair or exhibition may charge an entry fee for each exhibit which shall not exceed 10% of the total amount of the value of the premiums offered for the class of which such proposed exhibit will be a part if entered.
93.23(4)
(4) Police power. The department and the principal officers of the Northern Wisconsin state fair and of any county agricultural or industrial society have full jurisdiction and control of the grounds on which the department or society may exhibit, and all the streets and alleys and other grounds adjacent to the grounds during exhibitions, so far as may be necessary to exclude from there all other exhibitions, booths, stands or other temporary places for the retail or sale of any kind of alcohol beverages or other articles that they deem objectionable. The department, the president of any such society, or, in the president's absence, any vice president, may appoint necessary police officers to assist in preserving the peace and enforcing the regulations upon the ground and adjacent streets, who, for this purpose, shall have all the powers of a constable and be entitled to similar fees.
93.23(5)
(5) Action to recover entrance fee. Any person entering any horse for any race under the auspices of any agricultural society shall be liable to such society for the entrance fee which shall be due and payable at the time the race shall be called for which such horse is entered; and upon failure to pay such fee when due such society may maintain an action therefor against the person so entering such horse. No horse entered in any race shall be exempt from execution or attachment issued in an action brought for the recovery of the whole or any part of such entrance fee.
93.23(6)
(6) Fraud as to record or name of horse. 93.23(6)(a)(a) No person shall knowingly enter or cause to be entered, drive or ride in competition for any purse or prize offered by any agricultural, trotting, racing, industrial or other corporation or association, or by any person any horse under an assumed name or out of its proper class where such purse or prize is to be decided by a contest of speed nor shall any person knowingly misrepresent or fraudulently conceal the public performance, in any former contest or trial of speed, of any horse which the person enters or proposes to enter for competition in any such contest.
93.23(6)(b)
(b) The name of any horse for the purpose of entering the same in competition within the meaning of this section shall be that by which such animal has once contested for a purse or prize except as provided by the code or printed rules of the corporation or association under which the contest for which any subsequent entry of such animal is advertised to be conducted; and the class to which any such animal belongs for the purpose of being entered in a contest of speed within the meaning of this section shall be determined by its public performance in any previous contest or trial of speed as provided by the printed rules under which the contest was conducted. The penalty provided for knowingly misrepresenting or fraudulently concealing the public performance in any former contest of any such animal shall be imposed whether the person guilty thereof succeeds or fails in an attempt to make an entry thereof.
93.23(7)
(7) False premium list or statement. No officer of any organized agricultural society, association or board in this state, in pretended compliance with
sub. (1), shall wilfully make or file any false or fraudulent list or statement.
93.23(8)
(8) Penalties. Any person violating this section may be fined not more than $200 or imprisoned not more than 6 months or both.
93.29
93.29
Exposition center grants. 93.29(1)
(1) Beginning in fiscal year 1994-95, the department may grant $240,000 in each fiscal year to Dane county to assist Dane county in paying for the expansion of and ongoing costs of operating an exposition center and for the costs of hosting the world dairy expo at the exposition center if all of the following conditions are met:
93.29(1)(a)
(a) Dane county completes the expansion of the exposition center before June 1, 1995.
93.29(1)(b)
(b) Dane county enters into a written agreement with the department, before receiving the grant proceeds in each fiscal year, that specifies the conditions for the use of the grant proceeds, including reporting and auditing requirements.
93.29(1)(c)
(c) Dane county agrees to submit an itemized accounting, verified on oath, to the department within 30 days after the last day of the fiscal year in which Dane county receives a grant, that states how the grant proceeds were used.
93.29 History
History: 1993 a. 16.
93.30
93.30
World dairy expo. 93.30(1)(1) The secretary shall approve any plans for the expenditure of appropriations under
s. 20.115 (4) (e) to the world dairy expo, inc., for activities that expand business opportunities for the persons of the dairy industry that are located in this state. Of the amounts appropriated under
s. 20.115 (4) (e), $33,250 in each fiscal year may be expended only to the extent that a county, city, village or town pays to world dairy expo, inc., an amount that is not less than 50% of the department's payment.
