Wisconsin Senate Bill SB164

Wisconsin 2025-2026 Regular Session

• Introduced: 3/27/25
• Refer: 3/27/25
• Report Pass: 4/10/25
• Engrossed: 4/22/25
• Refer: 5/27/25
• Refer: 6/20/25
• Enrolled: 9/17/25
• Chaptered: 12/10/25
• Passed: 12/10/25

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

SB164 revises Wisconsin’s potato seed certification law. Under the bill, a person planting five or more acres of potatoes in a calendar year must use certified seed potatoes, unless the Department of Agriculture, Trade and Consumer Protection grants a waiver for a specific variety or genotype. A waiver may be issued only when certified seed of that type is not reasonably available and the department determines the seed does not pose a serious disease threat. The department may also attach geographic restrictions to a waiver. The bill also creates a new enforcement process. If the department finds a violation of the certified-seed requirement or a waiver condition, it may order the violator to remove and destroy the seed potatoes and potatoes involved within 72 hours, with a possible extension if needed. If the person does not comply, the department or a cooperating local government may carry out the removal and destruction and recover the costs as taxes are collected. Orders are given the force of an order under existing agricultural enforcement law and are subject to a hearing request within 10 days. The bill further revises penalties. A violator may be forfeited up to $5,000, plus up to $5,000 per acre planted in violation, for planting potatoes without certified seed, violating a waiver condition, or failing to keep or provide required records. The department may waive the forfeiture if the violator fully complies with an order to remove and destroy the potatoes involved. In effect, the bill strengthens the state’s ability to prevent the spread of potato disease and to enforce seed-potato certification rules. The overall sentiment in the available record appears neutral to supportive, with no committee transcript or recorded votes showing opposition or debate. Because there is no discussion history provided, there is no evidence of controversy in the materials supplied. The bill appears to be a technical but substantive agricultural regulation measure focused on plant health and enforcement clarity. The main point of contention that could arise from the text is the balance between disease prevention and growers’ access to planting material, especially where certified seed of a particular variety is unavailable. Another possible concern is the strong enforcement remedy, including mandatory destruction of crops and cost recovery as taxes, which could be viewed as burdensome by affected growers. However, no specific objections are documented in the provided materials.

Impact

SB164 amends Wisconsin Statutes section 94.36 governing certified seed potatoes. It tightens the prohibition on planting five or more acres of potatoes without certified seed, preserves and clarifies the waiver authority for unavailable varieties or genotypes, and adds a new enforcement subsection authorizing destruction orders, cost recovery, and hearing rights. It also repeals and recreates the penalty provision to specify forfeitures for violations and to allow the department to waive the forfeiture when the violator complies with an order to destroy the affected potatoes. The bill primarily affects potato growers, the Department of Agriculture, Trade and Consumer Protection, and local governments that may assist with enforcement.

Sentiment

The available record suggests a generally favorable or at least noncontroversial reception. There are no committee transcripts, recorded votes, or documented amendments indicating active opposition, and the bill was enacted as 2025 Wisconsin Act 66. Based on the text, the measure appears to be framed as a plant-health and enforcement update rather than a politically divisive proposal.

Contention

Potential contention centers on the mandatory use of certified seed potatoes and the department’s authority to order destruction of noncompliant crops. Growers may be concerned about cost, crop loss, and the practical availability of certified seed for specific varieties or genotypes, while the department and agricultural regulators are likely to emphasize disease prevention and containment. The waiver process is designed to address supply shortages, but the geographic restrictions and strict compliance deadlines could still be viewed as burdensome by affected producers.