WisconsinSB1642025-2026 Wisconsin Legislature (Biennial Session)SenateWALLET

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)

Became Law

Sen Bill 164AgricultureTrade and Consumer ProtectionDepartment ofFarm produce

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 1 costs, 2 mixed.

Heavy fines for illegal potato planting

If you plant in violation of the certified-seed rule or a waiver, you can be fined up to $5,000 plus up to $5,000 for each full acre planted in violation. The department may waive the fine if all seed and potatoes involved were removed and destroyed under an order. Failing to keep or share required records can also trigger a forfeiture of up to $5,000.

Fast removal orders for potato violations

The department can order you to remove and destroy seed potatoes and potatoes that break the rules. You must do it within 72 hours unless the department gives more time. If you do not comply, the government can do it and bill you, collected like a tax. You cannot get damages for crops removed under a valid order. You can ask for a hearing within 10 days and request a quick informal hearing while you wait for a full hearing.

Certified seed rules for 5+ potato acres

If you plant 5 or more acres of potatoes in Wisconsin in a year, you must use certified seed under state rules. Growers can ask the department for a waiver for a specific variety or genotype when certified seed is not reasonably available and the seed does not pose a serious disease risk. A waiver lasts for one growing season and can include limits on where you plant.

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

  1. Published 12-10-2025

    12/10/2025Senate
  2. Report approved by the Governor on 12-9-2025. 2025 Wisconsin Act 66

    12/10/2025Senate
  3. Presented to the Governor on 12-4-2025

    12/4/2025Senate
  4. Report correctly enrolled

    9/17/2025Senate
  5. Received from Assembly concurred in

    9/11/2025Senate
  6. Ordered immediately messaged

    9/11/2025House
  7. Read a third time and concurred in

    9/11/2025House
  8. Rules suspended

    9/11/2025House
  9. Ordered to a third reading

    9/11/2025House
  10. Read a second time

    9/11/2025House
  11. Rules suspended to withdraw from calendar and take up

    9/11/2025House
  12. Representatives Miresse and Stubbs added as cosponsors

    6/24/2025House
  13. Withdrawn from Committee on Rules and referred to calendar of 6-24-2025

    6/20/2025House
  14. Representative Johnson added as a cosponsor

    6/11/2025House
  15. Read first time and referred to committee on Rules

    5/27/2025House
  16. Received from Senate

    4/22/2025House
  17. Ordered immediately messaged

    4/22/2025Senate
  18. Read a third time and passed

    4/22/2025Senate
  19. Rules suspended to give bill its third reading

    4/22/2025Senate
  20. Ordered to a third reading

    4/22/2025Senate
  21. Read a second time

    4/22/2025Senate
  22. Representative J. Jacobson added as a cosponsor

    4/21/2025Senate
  23. Placed on calendar 4-22-2025 pursuant to Senate Rule 18(1)

    4/18/2025Senate
  24. Fiscal estimate received

    4/17/2025Senate
  25. Available for scheduling

    4/10/2025Senate

Bill Text

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