Wisconsin Assembly Bill AB154

Wisconsin 2025-2026 Regular Session

• Introduced: 4/2/25
• Refer: 4/2/25
• Report Pass: 6/6/25
• Refer: 6/6/25
• Refer: 6/20/25
• Failed: 3/23/26

Caption

An Act to renumber and amend 94.36 (1) (a) and 94.36 (1) (b); to amend 94.36 (1) (title); to repeal and recreate 94.36 (3); to create 94.36 (2m) of the statutes; Relating to: use of certified seed potatoes in planting potatoes and providing a penalty. (FE)

Summary

AB154 would tighten Wisconsin’s rules for planting potatoes on five or more acres by keeping the existing requirement that growers use certified seed potatoes, while adding new enforcement tools and higher penalties. The bill preserves the Department of Agriculture, Trade and Consumer Protection’s ability to grant a waiver when certified seed of a specific variety or genotype is not reasonably available and the seed does not pose a serious disease threat, but it also allows DATCP to attach geographic restrictions to a waiver. The bill also creates a new enforcement process if a grower violates the certification rule or a waiver condition. DATCP could order the violator to remove and destroy the seed potatoes and potatoes involved, generally within 72 hours, and if the person does not comply, DATCP or a cooperating local government could carry out the destruction and recover the costs as if they were taxes. The bill provides for administrative hearings on these orders and bars damages for potatoes removed or destroyed under the order. It also increases forfeitures substantially, from current-law amounts to up to $5,000 plus up to $5,000 per acre for planting violations, and up to $5,000 for recordkeeping violations, with authority for DATCP to waive the forfeiture if the potatoes are destroyed in compliance with an order.

Impact

AB154 would amend Wisconsin Statutes section 94.36 governing certified seed potatoes, expanding DATCP’s enforcement authority and increasing civil forfeitures for noncompliance. It would also authorize the department to impose geographic planting limits as a condition of a waiver, create a mandatory destruction/removal remedy for violations, and allow cost recovery through tax-like collection procedures when the state or a local government performs the destruction. The bill would affect potato growers planting five or more acres, as well as local governments that may be asked to assist with enforcement.

Sentiment

The available context shows no recorded committee testimony or votes, so there is no documented public debate in the materials provided. Based on the bill text, the measure appears to be framed as a plant-health and compliance enforcement bill, suggesting a regulatory rather than controversial policy approach. The absence of recorded opposition or support in the provided history means sentiment cannot be assessed beyond the bill’s apparent intent to strengthen enforcement against disease-risk and certification violations.

Contention

The main policy tension in AB154 is between growers’ access to needed seed potatoes and the state’s interest in preventing disease spread and enforcing certification rules. Potential points of contention include the much higher forfeitures, the authority to order destruction of planted potatoes, the short 72-hour compliance window, and the ability of DATCP to impose geographic restrictions on waivers. Growers may view these provisions as burdensome or costly, while agricultural regulators and supporters of plant disease prevention would likely see them as necessary tools to protect potato crops and maintain seed quality standards.