SB 164

Under current law, a person that plants five or more acres of potatoes in a year may only use seed potatoes that are certified by the College of Agricultural and Life Sciences at the University of Wisconsin-Madison under rules promulgated by the Department of Agriculture, Trade and Consumer Protection, or by an equivalent program in another state. DATCP may waive the certification requirement to use seed potatoes of a specific variety or genotype for a growing season if there are not enough certified seed potatoes of that variety or genotype reasonably available to growers during that calendar year and DATCP determines that the seed potatoes of that variety or genotype that will be used for planting do not pose a serious disease threat. A person that violates the certification requirement is subject to a forfeiture of not more than $150, plus $150 for each acre planted in violation. Additionally under current law, a person that plants five or more acres of potatoes in the state shall retain and allow inspection by DATCP of certain records regarding planted seed potatoes. A person that violates a record keeping requirement is subject to a forfeiture of not more than $200.

Under this bill, DATCP may include as a condition of a waiver certain restrictions as to permissible geographic boundaries or geographic limitations where a person may plant the waived seed potatoes. The bill also provides DATCP with the authority to order a person growing potatoes in violation of the law to remove and destroy any seed potatoes and potatoes involved in the violation. In addition, if a person does not remove and destroy any seed potatoes or potatoes as ordered by DATCP, DATCP or a cooperating local unit of government may take action to remove and destroy the seed potatoes or potatoes as ordered, and the cost of the action may be assessed, collected, and enforced against the person that failed to act as ordered as taxes for the person are assessed, collected, and enforced, or paid into the general fund if the mitigating action was taken by DATCP.

A person ordered to remove and destroy any seed potatoes or potatoes is required to do so within 72 hours of receiving the order, unless DATCP extends the deadline. The orders that DATCP may issue under the bill are subject to the right of hearing before the department if requested within 10 days after the date of service of the order, and any party affected by the order may request a preliminary or informal hearing pending the scheduling and conduct of a full hearing. A person that plants potatoes in violation of the requirements of this bill is subject to a forfeiture of not more than $5,000, plus not more than $5,000 for each full acre planted in violation. A person that fails to retain, allow inspection of, or provide copies of records of potato planting as required under current law is subject to a forfeiture of not more than $5,000.