News
March 31, 2025 | By Benjamin Yount
Policy Issues
Economy

Legislation Would Give DTACP More Potato Policing Power

Testin’s plan would give the Department of Agriculture, Trade and Consumer Protection more enforcement powers to deal with rogue potato planters.

Wisconsin's "Potato Certification" Program

A new plan at the Wisconsin Capitol looks to give the state’s Department of Agriculture more potato policing power.

Sen. Patrick Testin, R-Stevens Point, on Monday said his plan, SB 164 is aimed at reigning-in bad potato actors.

“During the 2023 growing season, a couple of bad actors planted seed potatoes in violation of state statutes,” Testin said. “However, the enforcement authority and penalties that are available under current law to deter those actions were not effective."

Wisconsin is the third largest producer of potatoes in the country. Testin said his area of the state is the largest grower of potatoes in Wisconsin.

Wisconsin's potato law dates back to 1913, and requires any person who plants five or more acres of potatoes to use certified seed potatoes.

The Wisconsin Seed Potato Certification Program is in charge of inspecting and certifying the state’s seed potatoes. The objective of the program is to preserve "clean, varietally-pure, pathogen-free tissue culture" of potatoes. Currently the Seed Potato Certification Program is responsible for approximately 300 disease-free potato lines.

"Wisconsin is a top 5 state in churning out seed potatoes," Testin added. “The planting of…potentially harmful seed potatoes in close proximity to valuable seed potato acres not only put that existing seed crop at risk, but also endangered the availability of clean, viable seed for future growing seasons.”

Testin’s plan would give the Department of Agriculture, Trade and Consumer Protection more enforcement powers to deal with rogue potato planters.

Those powers include ordering potato crops destroyed, and fines levied.

"A person ordered to remove and destroy any seed potatoes or potatoes is required to do so within 72 hours of receiving the order,” the legislation states. "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."

Testin’s plan is set for a hearing Thursday.

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