A warrantless inspection of a dairy farm under authority of ss. 93.08, 93.15 (2), and 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. DATCP, 189 Wis. 2d 255
, 525 N.W.2d 758
(Ct. App. 1994).
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.
The authority contained in ss. 93.14
may be used in the conduct of such preliminary investigation.
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
, 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
, 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.
The immunity provided under sub. (1)
is subject to the restrictions under s. 972.085
History: 1989 a. 122
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General orders, standards and regulations shall be adopted, amended and repealed as prescribed in ch. 227
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.
The department, after acting pursuant to s. 100.37
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)
The department shall serve a copy of any special order upon the person against whom the order is issued.
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 department of financial institutions. 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.
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.
Enforcement costs. 93.20(1)(1)
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 ch. 88
, or 846
Enforcement costs order.
If a court imposes costs under s. 814.04
against a defendant in an action, the court may order that defendant to reimburse the department for reasonable, documented enforcement costs incurred by the department to prepare and prosecute that action. 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
, the department may recover that cost only under this section, but that cost is not limited to the amounts specified in s. 814.04
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.
Any person who obstructs or interferes with an officer or employee of the department in the performance of his or her duty or who refuses to permit access or sampling under s. 93.08
May be fined not more than $1,000 or imprisoned for not more than 6 months or both.
In lieu of the penalty under par. (a)
, may be required to forfeit not more than $2,000.
Violation of order or regulation.
Any person who violates s. 93.09 (8)
, 93.10 (2)
or 93.11 (7)
, or who willfully violates or refuses, neglects or fails to obey any order or regulation of the department, shall be punished as in sub. (1)
Failure to obey orders.
Any person who willfully violates s. 93.14 (3)
or 93.15 (3)
, or who willfully violates or refuses, neglects or fails to obey any order issued under s. 93.06 (3)
, shall, for each offense, be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both.
In this subsection, “license" means a permit, certificate, registration, or license issued by the department under chs. 91
, or 173
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 percent 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.
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:
May be fined not more than $10,000 or imprisoned for not more than one year in the county jail or both.
In lieu of the penalty under par. (a)
, may be required to forfeit not more than $10,000.
Enforcement provisions. 93.22(1)(1)
In cases arising under chs. 88
, and 93
, the department may be represented by its attorney.
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
. The cost of such special counsel shall be charged to the appropriation for the department.
In any criminal or civil action under chs. 88
, and 93
, 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.
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:
To each county, and any organized agricultural society, association, or board in the state that complies with the requirements of this section, 95 percent of the first $8,000 paid in net premiums and 70 percent 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 not more than $10,000 per fair, subject to equitable prorating if the total amount due exceeds the amount available and to all of the following:
No single premium 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.
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, except that an entity operating a fair may impose restrictions on the total number of fairs at which an exhibitor may participate in order to be eligible for premium awards for exhibits at that fair.
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.
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.
Not later than 30 days after the close of the fair each year the county clerk, or the person appointed to file the statements under this paragraph by the county board, agricultural society, association, or board claiming state aid, shall file with the department, on forms provided by the department, an itemized statement verified on oath, showing net premiums actually paid or to be paid at the preceding fair, which must correspond with uniform premium lists and other requirements under par. (a)
. The statement shall also include a statement that at the fair all gambling devices whatsoever, the sale of intoxicating liquors, excepting fermented malt beverages, as defined in s. 125.02 (6)
, and wine, as defined in s. 125.02 (22)
, and exhibitions of immoral character were prohibited and excluded from the fairgrounds and all adjacent grounds under the authority or control of the county board, agricultural society, association, or board claiming state aid. On or before the January 31 following the year in which the fair is held, the person filing the statements under this paragraph shall furnish the department a finance report of receipts and disbursements, attendance, and any other information that the department requires. Upon receipt of the required report, each fair shall be paid 100 percent, or the prorated percentage, of the aid due the preceding year.
If it appears from such report, and the department is 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 provide the payment of state aid in favor of each such county agricultural society, association or board the amounts due under the provisions of par. (a)
. 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.
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.
Incorporated dairy or livestock associations, upon substantial compliance with pars. (a)
, 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)
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.
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.
A county agricultural society has full jurisdiction and control of the grounds on which the 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 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.
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 willfully make or file any false or fraudulent list or statement.
Any person violating this section may be fined not more than $200 or imprisoned not more than 6 months or both.
See also s. ATCP 160.93
, Wis. adm. code.
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 percent of the department's payment.
Any moneys received by World Dairy Expo, Inc., under this section shall be used only for the purposes described in sub. (1)
Not later than 30 days after the close of the exposition each year World Dairy Expo, Inc., shall file with the department, on forms provided by it, an itemized account verified on oath, showing amounts actually paid or to be paid. The verified account shall correspond with the plans approved by the secretary under sub. (1)
. On or before December 31 of the year in which the exposition is held, World Dairy Expo, Inc., shall furnish the department with a statement of receipts and disbursements, attendance, and such other information relating to the exposition as the department may require. Upon receipt of such statement the department shall pay World Dairy Expo, Inc., the aid due for the preceding year.
History: 1973 c. 333
; 1975 c. 394
; Stats. 1975 s. 93.30; 1989 a. 31
; 2001 a. 103
Livestock breeders association.
The secretary of the Wisconsin livestock breeders association shall on and after July 1 of each year make a report to the department, signed by the president, treasurer, and secretary of the association, setting forth in detail the receipts and disbursements of the association for the preceding fiscal year in such form and detail together with such other information as the department may require. On receipt of such reports, if the department is satisfied that the business of the association has been efficiently conducted during the preceding fiscal year and in the interest of and for the promotion of the special agricultural interests of the state and for the purpose for which the association was organized and if the final statement shows that all the receipts together with the state aid have been accounted for and disbursed for the proper and necessary purposes of the association, and in accordance with the laws of the state, then the department shall file a certificate with the secretary of administration and he or she shall pay to the treasurer of the association the amount of the appropriations made available for the association by s. 20.115 (4) (a)
for the conduct of junior livestock shows and other livestock educational programs. The association may upon application to the state purchasing agent, upon such terms as he or she may require, obtain printing for the association under the state contract.
Agriculture in the classroom program.
From the appropriation account under s. 20.115 (4) (q)
, the department shall provide grants to the organization that conducts an agriculture in the classroom program in cooperation with the federal department of agriculture to help teachers educate students about agriculture.
History: 2001 a. 16
Weather modification. 93.35(1)(1)
In this section:
“Operation" means the performance of any weather modification activity undertaken for the purpose of producing or attempting to produce any form of modifying effect upon the weather within a specified geographical area over a specified time interval.
“Weather modification" means any activity performed with the intention of producing artificial changes in the composition, motions and resulting behavior of the atmosphere.
Weather modification license and permit required.
No person may engage in weather modification activities without obtaining a professional weather modification license under sub. (4)
and a weather modification operational permit under sub. (6)
A person may engage in the following activities without obtaining a license and permit under this section:
Activities for protection against fire, frost or fog.
Activities normally conducted for purposes other than inducing, increasing, decreasing or preventing hail, precipitation or tornadoes.
The department may, by rule, exempt any other activities under this subsection deemed necessary.
Activities exempted under this subsection shall be conducted so as not to interfere with authorized weather modification operations.
Professional weather modification license; fees. 93.35(4)(a)
The department shall prescribe by rule, the procedure and criteria for issuance of professional weather modification licenses under this section. The criteria shall be consistent with qualifications recognized by national or international professional and scientific associations concerned with weather modification and meteorology and shall carry out the purposes of this section.
A person may obtain a license under this subsection by demonstrating to the satisfaction of the department, competence necessary to engage in weather modification operations and payment of $100 for an annual license which expires on October 31 of each year. Renewal licenses are $20 annually. A renewal license shall be issued in the same manner as an initial license.
License suspension; revocation; nonrenewal.
The department may suspend, revoke or refuse to renew a license for any of the following reasons:
False or fraudulent representation in obtaining a permit.
Failure to comply with any of the provisions of this section or any rules promulgated under this section.
Aiding other persons to fail to comply with any of the provisions of this section or any rules promulgated under this section.
Weather modification permit; fees; scope.