(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 and unincorporated cooperative associations.
By general order, prescribe uniform systems of accounting for public markets or cooperative associations and unincorporated cooperative associations, and may, by general or special order, require any such market or 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 association.
By general or special order, require any cooperative association or unincorporated 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 cooperative association or unincorporated cooperative association doing business in this state, and make the facts relating to the management of the association available to the members of the association, when a request for a management investigation has been filed with the department, signed by all of the directors or by at least 20 percent of the members of associations of less than 500 members or by at least 100 members of associations of 500 or more members. The department shall fix and collect a fee for investigations under this paragraph, which shall be the actual cost of the investigation.
By general or special order, require any cooperative association or unincorporated 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.
Except as provided in s. 93.135
, 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. 126
, 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
, 2007 stats., 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 employees of such agencies to enforce the laws and regulations administered by this department. When so engaged, agents and employees of cooperating agencies shall have the same powers as employees 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 employees 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.
(13) Plant protection agreements.
Enter into cooperative agreements with corporations, associations, foundations and individuals to carry out plant protection activities under ch. 94
(14) Cooperation and collaborative agreements.
Promote cooperation and formal collaborative agreements among any of the following with regard to enforcement of the laws and regulations administered by the department, planning, priority setting, information and data sharing, reporting, resource allocation, funding, service delivery, and jurisdiction:
Federally recognized American Indian tribes or bands located in this state.
(16) Farmer mental health assistance.
Provide mental health assistance to farmers and farm families.
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 Wisconsin Economic Development Corporation 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 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.
(10) Animal health; quarantine.
To protect the health of animals located in this state and of humans residing in this state and to determine and employ the most efficient and practical means for the prevention, suppression, control, and eradication of communicable diseases among animals. For these purposes, the department 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 determines are necessary. The definition of “communicable disease" in s. 990.01 (5g)
does not apply to this subsection.
(10m) Rules for domestic animals.
To promulgate rules specifying which animals are domestic animals for purposes of s. 169.01 (7)
. The rules shall specify that fur-bearing animals to which s. 29.627
applies are domestic animals.
(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.
(12) Plant pests.
To conduct surveys and inspections for the detection and control of pests injurious to plants, make, modify, and enforce reasonable rules needed to prevent the dissemination of pests, declare and manage emergencies relating to the detection and control of pests injurious to plants, provided that such declaration does not supersede the authority of the chief state forester under s. 23.114
or the department of natural resources under s. 26.30
, 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.
(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 percent 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
(18) Goals and accountability measures for economic development programs. 93.07(18)(a)
In this subsection, “economic development program" means a program or activity having the primary purpose of encouraging the establishment and growth of business in this state, including the creation and retention of jobs, and that satisfies all of the following:
The program receives funding from the state or federal government that is allocated through an appropriation under ch. 20
The program provides financial assistance, tax benefits, or direct services to specific industries, businesses, local governments, or organizations.
In consultation with the Wisconsin Economic Development Corporation, to do all of the following for each economic development program administered by the department of agriculture, trade and consumer protection:
Establish clear and measurable goals for the program that are tied to statutory policy objectives.
Establish at least one quantifiable benchmark for each program goal described in subd. 1.
Require that each recipient of a grant or loan under the program submit a report to the department. Each contract with a recipient of a grant or loan under the program shall specify the frequency and format of the report to be submitted to the department and the performance measures to be included in the report.
Establish a method for evaluating the projected results of the program with actual outcomes as determined by evaluating the information described in subds. 1.
Annually and independently verify, from a sample of grants and loans, the accuracy of the information required to be reported under subd. 3.
Establish by rule a requirement that the recipient of a grant or loan under the program of at least $100,000 submit to the department a verified statement signed by both an independent certified public accountant licensed or certified under ch. 442
and the director or principal officer of the recipient to attest to the accuracy of the verified statement, and make available for inspection the documents supporting the verified statement. The department shall include the requirement established by rule under this subdivision in the contract entered into by a grant or loan recipient.
Establish by rule policies and procedures permitting the department to do all of the following if a recipient of a grant or loan or tax benefits under the program submits false or misleading information to the department or fails to comply with the terms of a contract entered into with the department under the program and fails to provide to the satisfaction of the department an explanation for the noncompliance:
(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.
(20) Economic development assistance coordination and reporting. 93.07(20)(a)(a)
The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation.
Annually, no later than October 1, to submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3)
a comprehensive report assessing economic development programs, as defined in sub. (18) (a)
, administered by the department. The report shall include all of the information required under s. 238.07 (2)
. The department shall collaborate with the Wisconsin Economic Development Corporation to make readily accessible to the public on an Internet-based system the information required under this subsection.
To compile at least once in 2 years statistics relating to the dairy industry in this state, and for that purpose may forward to the owner or manager of any creamery, cheese factory, or condensary, or to any other person dealing in or manufacturing dairy products, forms calling for specific information relating to the dairy industry. In the case of cheese factories, the information called for shall include the number of pounds each of American, Swiss, limburger and brick cheese made in each factory. A person subject to this subsection shall, within 60 days from the receipt of the forms from the department, complete and return the forms to the department. All questions propounded and all information required by the forms shall be answered and furnished, so far as it is within the power of the person completing the form to answer the questions or furnish the information. 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 the dairy industry.
(22) County fair coordinator.
To designate an employee of the department to serve as county fair coordinator.
(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.
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.
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.
To enforce the laws for the sanitary care of campgrounds and camping resorts, recreational and educational camps, public swimming pools, hotels, tourist rooming houses, vending machine commissaries, vending machines, and other persons or entities subject to regulation by the department.
(26) Alternative fuel refueling facilities.
To pursue the establishment and maintenance of sufficient alternative fuel refueling facilities at public retail outlets to meet the traveling needs of the public.
History: 1971 c. 125
; 1975 c. 189
; 1979 c. 34
; 1981 c. 20
; 1981 c. 391
; 1983 a. 410
; 1985 a. 29
; 1987 a. 27
; 1987 a. 399
; 1987 a. 403
; 1989 a. 56
; 1991 a. 39
; 1993 a. 216
; 1995 a. 27
, 9116 (5)
, 9145 (1)
; 1995 a. 79
; 1997 a. 27
; 1999 a. 107
; 2001 a. 56
; 2005 a. 166
; 2007 a. 125
; 2009 a. 108
; 2011 a. 32
; 2015 a. 55
See also ATCP
, Wis. adm. code.
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.