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)
Sponsored By: Rachael Cabral-Guevara (Republican), Mary Felzkowski (Republican), Howard Marklein (Republican), Brad Pfaff (Democratic), Patrick Testin (Republican)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 0 costs, 2 mixed.
Potato growers face penalties with limited relief
The state agriculture department can order growers who break seed rules or waiver conditions to remove and destroy affected seed potatoes and potatoes. Growers have 72 hours after the order is issued; the department can extend this deadline when timely completion is impossible. If growers fail to comply, the state or a cooperating local government can do the work and collect costs as taxes. Growers cannot receive damages for removal or destruction under the order, but can request a hearing within 10 days after service. Preliminary or informal hearings are also available while awaiting a full hearing. Planting, waiver, or required recordkeeping violations carry penalties up to $5,000, plus up to $5,000 for each full acre planted illegally. The department may waive the penalty if all affected seed potatoes and potatoes are removed and destroyed as ordered.
Potato growers need certified seed—with exceptions
Growers planting 5 or more acres of potatoes in Wisconsin in a calendar year must use certified seed for all plantings that year. Growers can request an exception for a specific variety or genotype when enough certified seed is not reasonably available that year. The state agriculture department may grant the exception only if the seed poses no serious disease threat. The department can also limit where growers plant that seed.
Sponsors & Cosponsors
Sponsors
Rachael Cabral-Guevara
Republican • Senate
Mary Felzkowski
Republican • Senate
Howard Marklein
Republican • Senate
Brad Pfaff
Democratic • Senate
Patrick Testin
Republican • Senate
Cosponsors
Jill Billings
Democratic • House
Calvin Callahan
Republican • House
Jenna Jacobson
Democratic • House
Tara Johnson
Democratic • House
Scott Krug
Republican • House
Jeffrey Mursau
Republican • House
Jerry O'Connor
Republican • House
Kevin Petersen
Republican • House
Mark Spreitzer
Democratic • Senate
Travis Tranel
Republican • House
Nancy VanderMeer
Republican • House
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
Published 12-10-2025
12/10/2025SenateReport approved by the Governor on 12-9-2025. 2025 Wisconsin Act 66
12/10/2025SenatePresented to the Governor on 12-4-2025
12/4/2025SenateReport correctly enrolled
9/17/2025SenateReceived from Assembly concurred in
9/11/2025SenateOrdered immediately messaged
9/11/2025HouseRead a third time and concurred in
9/11/2025HouseRules suspended
9/11/2025HouseOrdered to a third reading
9/11/2025HouseRead a second time
9/11/2025HouseRules suspended to withdraw from calendar and take up
9/11/2025HouseRepresentatives Miresse and Stubbs added as cosponsors
6/24/2025HouseWithdrawn from Committee on Rules and referred to calendar of 6-24-2025
6/20/2025HouseRepresentative Johnson added as a cosponsor
6/11/2025HouseRead first time and referred to committee on Rules
5/27/2025HouseReceived from Senate
4/22/2025HouseOrdered immediately messaged
4/22/2025SenateRead a third time and passed
4/22/2025SenateRules suspended to give bill its third reading
4/22/2025SenateOrdered to a third reading
4/22/2025SenateRead a second time
4/22/2025SenateRepresentative J. Jacobson added as a cosponsor
4/21/2025SenatePlaced on calendar 4-22-2025 pursuant to Senate Rule 18(1)
4/18/2025SenateFiscal estimate received
4/17/2025SenateAvailable for scheduling
4/10/2025Senate
Bill Text
Bill Text
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