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2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.84 - Agricultural enterprise areas; general.

91.84
Agricultural enterprise areas; general.
(1)
Designation.
(a)
1.
The department may by order designate agricultural enterprise areas targeted for agricultural preservation and development.
2.
The department may by order modify or terminate the designation of an agricultural enterprise area.
(b)
The department may designate agricultural enterprise areas with a combined area of not more than 2,000,000 acres of land.
(e)
The department may not designate an area as an agricultural enterprise area unless all of the following apply:
1.
The department receives a petition requesting the designation and the petition complies with s. 91.86.
3.
The parcels in the area are contiguous. Parcels that are only separated by a lake, stream, or transportation or utility right-of-way are contiguous for the purposes of this subdivision.
4.
The area is located entirely in a farmland preservation area identified in a certified farmland preservation plan.
5.
The land in the area is primarily in agricultural use.
(f)
In designating agricultural areas under this subsection, the department shall give preference to areas that include at least 1,000 acres of land.
(1m)
Publication of order. The department shall publish a notice of an order designating, modifying, or terminating an agricultural enterprise area, including a general description of the towns affected by the order, in the official state newspaper.
(2m)
Effectiveness of prior designations. A rule designating an agricultural enterprise area under s. 91.84 (2), 2009 stats., remains in effect until December 31, 2012.
(3)
Effect of designation. The designation of an area under sub. (1) allows owners of eligible land within the area to enter into farmland preservation agreements with the department. If the department modifies or terminates the designation of an area under sub. (1) and that modification or termination results in land covered by a farmland preservation agreement no longer being located in a designated area, the farmland preservation agreement remains in effect for the remainder of its term, but the department may not extend or renew the farmland preservation agreement.
(4)
Map. In an order designating an agricultural enterprise area, the department shall include a map that clearly shows the boundaries of the proposed agricultural enterprise area so that a reader can easily determine whether a parcel of land is located within the agricultural enterprise area. The department shall make the map available on its Internet site.
(5)
Effective date of orders. The designation of an agricultural enterprise area takes effect on January 1 of the calendar year following the year in which the order designating the area is published, unless the order specifies a later effective date. An order modifying or terminating the designation of an agricultural enterprise area takes effect upon publication under sub. (1m).
History:  2009 a. 28; 2011 a. 253; 2013 a. 352.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.86 - Agricultural enterprise area; petition.

91.86
Agricultural enterprise area; petition.
(1)
Definition. In this section, “eligible farm" means a farm that produced at least $6,000 in gross farm revenues during the taxable year preceding the year in which a petition is filed requesting the department to designate an area in which the farm is located as an agricultural enterprise area or a total of at least $18,000 in gross farm revenues during the 3 taxable years preceding the year in which a petition is filed.
(2)
Petitioners.
(a)
The department may consider a petition requesting that it designate an area as an agricultural enterprise area if all of the following jointly file the petition:
1.
Each political subdivision in which any part of the proposed agricultural enterprise area is located.
2.
Owners of at least 5 eligible farms located in the area.
(b)
Each petitioner under par. (a) who is an individual shall sign the petition. For a petitioner that is not an individual, an authorized officer or representative shall sign the petition.
(3)
Contents of petition.
(a)
The department may not approve a petition requesting that it designate an area as an agricultural enterprise area unless the petition contains all of the following:
1.
The correct legal name and principal address of each petitioner.
2.
A summary of the petition that includes the purpose and rationale for the petition.
3.
A map that clearly shows the boundaries of the proposed agricultural enterprise area so that a reader can easily determine whether a parcel of land is located within the proposed area.
4.
Information showing that the proposed agricultural enterprise area meets the requirements under s. 91.84 (1) (e).
5.
A clear description of current land uses in the proposed agricultural enterprise area, including current agricultural uses, agriculture-related uses, transportation, utility, energy, and communication uses, and undeveloped natural resource and open space uses.
6.
A clear description of the agricultural land use and development goals for the proposed agricultural enterprise area, including proposed agricultural uses, agriculture-related uses, and relevant transportation, utility, energy, and communication uses.
7.
A plan for achieving the goals under subd. 6., including any planned investments, grants, development incentives, cooperative agreements, land or easement purchases, land donations, and promotion and public outreach activities.
8.
A description of any current or proposed land use controls in the proposed agricultural enterprise area, including farmland preservation agreements.
(b)
Petitioners under sub. (2) may include in the petition the names and addresses of other persons who propose to cooperate in achieving the goals under par. (a) 6.
History:  2009 a. 28, 276.
2023 Wisconsin Statutes & Annotations › Chapter 92 - Soil and water conservation and animal waste management. › 92.02 - Legislative intent.

92.02
Legislative intent.
(1)
The legislature finds that the soil resources of this state are being depleted by wind and water erosion and that the waters of this state are being polluted by nonpoint sources of pollution. The legislature further finds that these are statewide problems endangering the health and welfare of the state's citizens, its recreational resources, agricultural productivity and industrial base.
(2)
The legislature declares it to be the policy of this state to halt and reverse the depletion of the state's soil resources and pollution of its waters.
(3)
It is the intent of the legislature to implement this policy by enacting this soil and water conservation law to:
(a)
Establish goals and standards for conservation of soil and water resources;
(b)
Provide for cost sharing, technical assistance, educational programs and other programs to conserve soil and water resources;
(c)
Encourage coordinated soil and water conservation planning and program implementation; and
(d)
Enable the regulation of harmful land use and land management practices by county ordinance where necessary to achieve the purposes of this chapter.
History:  1981 c. 346; 1983 a. 410 s. 2200 (2); 1985 a. 332 s. 251 (8).
2023 Wisconsin Statutes & Annotations › Chapter 92 - Soil and water conservation and animal waste management. › 92.025 - State soil erosion control goals.

92.025
State soil erosion control goals.
It is the intent of the legislature that:
(1)
Statutory goal. The soil erosion rate on each individual cropland field in the state does not exceed the tolerable erosion level on or after January 1, 2000.
(2)
Interim goals; counties. The soil erosion rate in each county in the state does not exceed 1.5 times the tolerable erosion level on or after July 1, 1990 and does not exceed the tolerable erosion level on or after July 1, 1993.
(3)
Interim goals; individual cropland fields. The soil erosion rate in each individual cropland field in the state does not exceed 3 times the tolerable erosion level on or after July 1, 1990, and does not exceed 2 times the tolerable erosion level on or after July 1, 1995.
(4)
Interim goal; state-run farms. The soil erosion rate on individual cropland fields of farms owned by the University of Wisconsin System or any other department or agency of state government does not exceed the tolerable soil erosion level on or after July 1, 1990.
History:  1985 a. 29.
2023 Wisconsin Statutes & Annotations › Chapter 92 - Soil and water conservation and animal waste management. › 92.03 - Definitions.

92.03
Definitions.
In this chapter:
(1)
“Agency" means any department, agency, board, commission, committee, council, officer, subdivision or instrumentality, corporate or otherwise, of this state.
(2)
“Board" means the land and water conservation board created under s. 15.135 (4).
(3)
“Department" means the department of agriculture, trade and consumer protection.
(4)
“Landowner" means any person over 18 years of age and any partnership, limited liability company, firm, or corporation that holds title to land lying within a county, whether or not this land is subject to easement, mortgage, lien, lease, or restrictive covenant, except that this term does not include any person who is under guardianship, a person who is adjudicated incompetent, or a person who is mentally ill. A person, partnership, limited liability company, firm, or corporation is deemed to hold title to land if the person, partnership, limited liability company, firm, or corporation has any of the following:
(a)
Title as sole owner.
(b)
Title as a joint owner.
(c)
Title as owner of an undivided interest.
(d)
Title as sole or joint trustee or as sole or joint assignee.
(e)
A land contract vendee's interest therein.
(5)
“Land user" means any person who uses land as an operator, lessor or renter.
(6)
“Secretary" means the secretary of the department.
History:  1981 c. 346; 1983 a. 410 s. 2200 (2); 1985 a. 332 s. 251 (8); 1993 a. 16, 112; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 92 - Soil and water conservation and animal waste management. › 92.06 - Land conservation committees.

92.06
Land conservation committees.
(1)
Creation; membership.
(a)
Creation. Each county board shall create a land conservation committee.
(b)
Membership.
1.
The county board shall appoint to the land conservation committee at least 2 persons who are members of the committee on agriculture and extension education created under s. 59.56 (3) (b).
2.
The county board shall appoint to the land conservation committee a person who is engaged in an agricultural use, as defined under s. 91.01 (2) (a) 1. to 7.
3.
The county board may appoint to the land conservation committee any number of members who are also members of the county board.
4.
The county board may appoint to the land conservation committee up to 2 members who are not members of the county board.
(c)
Terms. Each member of the land conservation committee shall serve for a term of 2 years or until a successor is appointed, whichever is longer.
(d)
Reimbursement. Each member of the land conservation committee shall be reimbursed for necessary expenses and shall be paid the same per diem as members of other county board committees.
(e)
Programs and responsibilities. The county board may assign other programs and responsibilities to the land conservation committee.
(2)
Designated representatives. The county board shall designate a representative of each county committee with responsibilities related to natural resource management to serve as an adviser to the land conservation committee. The county board shall designate, at a minimum, representatives from any county zoning or land use, forestry, parks and solid waste committees. In addition, the land conservation committee may invite any state, federal or local agency with which the county or committee has a memorandum of understanding to designate a representative to advise the land conservation committee.
(4)
Public participation. The committee shall actively solicit public participation in the planning and evaluation of soil and water conservation programs.
History:  1981 c. 346; 1985 a. 29; 1995 a. 201; 2011 a. 263; 2023 a. 32.
Appointments to the conservation committee are made by the county board, not the county executive. 76 Atty. Gen. 173.
Discussing committee responsibilities and prohibitions of private interests in public contracts. 76 Atty. Gen. 184.
2023 Wisconsin Statutes & Annotations › Chapter 92 - Soil and water conservation and animal waste management. › 92.09 - Land conservation committee staff.

92.09
Land conservation committee staff.
The land conservation committee may employ county soil and water conservation staff, subject to the approval of the county board. The county soil and water conservation staff is responsible for the administration of the county soil and water conservation program and may exercise the powers granted to the land conservation committee.
History:  1981 c. 346.
2023 Wisconsin Statutes & Annotations › Chapter 92 - Soil and water conservation and animal waste management. › 92.115 - Municipal soil conservation on private lands.

92.115
Municipal soil conservation on private lands.
Any city, village or town by its governing body or through a committee designated by it for the purpose, may contract to do soil conservation work on privately owned lands but no contract may involve more than $1,000 for any one person and the amount of work done for any one person may not exceed $1,000 annually.
History:  1975 c. 312; 1981 c. 317, 346; 1999 a. 150 s. 371; Stats. 1999 s. 92.115.
2023 Wisconsin Statutes & Annotations › Chapter 92 - Soil and water conservation and animal waste management. › 92.12 - Intergovernmental cooperation.

92.12
Intergovernmental cooperation.
Counties, cities, villages, towns and public agencies with natural resource responsibilities in the same or different counties may cooperate in carrying out the purposes of this chapter. If a problem of soil or water conservation is defined in part by drainage basin boundaries beyond a single county's borders or otherwise transcends these borders, the respective counties, cities, villages, towns and public agencies with natural resource responsibilities may enter into mutually binding agreements and contracts containing, but not limited to, provisions for mutually enforced and administered regulatory ordinances and cost-sharing distribution arrangements.
History:  1981 c. 346; 1983 a. 410 s. 2200 (2); 1985 a. 332 s. 251 (8).
2023 Wisconsin Statutes & Annotations › Chapter 92 - Soil and water conservation and animal waste management. › 92.13 - State and local agencies to cooperate.

92.13
State and local agencies to cooperate.
Agencies of the state having jurisdiction over, or charged with the administration of any state-owned lands, and any county or other governmental subdivision of the state having jurisdiction over, or charged with the administration of any county-owned or other publicly owned lands, shall cooperate to the fullest extent with the land conservation committee in carrying out programs under this chapter. The land conservation committee may enter and perform work upon these publicly owned lands. The provisions of land conservation practices ordinances enacted under s. 92.11 are applicable to these publicly owned lands, and shall be in all respects observed by the agencies administering the lands.
History:  1981 c. 346; 1983 a. 410 s. 2200 (2); 1985 a. 332 s. 251 (8).
2023 Wisconsin Statutes & Annotations › Chapter 92 - Soil and water conservation and animal waste management. › 92.15 - Local regulation of livestock operations.

92.15
Local regulation of livestock operations.
(1)
In this section:
(a)
“Livestock operation" means a feedlot or other facility or a pasture where animals are fed, confined, maintained or stabled.
(b)
“Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing.
(2)
Notwithstanding ss. 92.11 and 92.17, a local governmental unit may enact regulations of livestock operations that are consistent with and do not exceed the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3).
(3)
(a)
Notwithstanding ss. 92.11 and 92.17, a local governmental unit may enact regulations of livestock operations that exceed the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3) only if the local governmental unit demonstrates to the satisfaction of the department of agriculture, trade and consumer protection or the department of natural resources that the regulations are necessary to achieve water quality standards under s. 281.15.
(b)
The department of agriculture, trade and consumer protection and the department of natural resources shall, by rule, specify procedures for review and approval of proposed local governmental unit regulations under par. (a).
(4)
A local governmental unit may not apply a regulation under sub. (2) or (3) to a livestock operation that exists on October 14, 1997, unless the local governmental unit determines, using the rules promulgated under s. 281.16 (3) (e), that cost-sharing is available to the owner or operator of the livestock operation under s. 92.14 or 281.65 or from any other source.
(5)
Any livestock operation that exists on October 14, 1997, and that is required to obtain a permit under s. 283.31 or that receives a notice of discharge under ch. 283 may continue to operate as a livestock operation at the same location notwithstanding s. 59.69 (10) (am) or 62.23 (7) (h) or any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7), if the livestock operation is a lawful use or a legal nonconforming use under any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7) on October 14, 1997.
History:  1997 a. 27; 1999 a. 9; 2011 a. 170.
2023 Wisconsin Statutes & Annotations › Chapter 92 - Soil and water conservation and animal waste management. › 92.16 - Manure storage facilities.

92.16
Manure storage facilities.
A county, city, village or town may enact an ordinance requiring manure storage facilities constructed after July 2, 1983, to meet the technical standards of the county, city, village or town and rules of the department. The department shall adopt rules for ordinances setting standards and criteria for construction of manure storage facilities.
History:  1983 a. 27; Stats. 1983 s. 92.16; 1983 a. 410 s. 24n; Stats. 1983 s. 92.34; 1985 a. 8 s. 10; Stats. 1985 s. 92.16; 1987 a. 27; 1993 a. 246.
An ordinance passed under this section is applicable only in unincorporated areas of the county. 77 Atty. Gen. 87.
2023 Wisconsin Statutes & Annotations › Chapter 92 - Soil and water conservation and animal waste management. › 92.17 - Shoreland management.

92.17
Shoreland management.
(1)
Guidelines ordinance. The guidelines for a shoreland management ordinance shall establish standards for activities related to the purpose of maintaining and improving surface water quality.
(2)
Authority to enact ordinance.
(a)
A city or village may enact a shoreland management ordinance.
(ag)
A county may enact a shoreland management ordinance. A county shoreland management ordinance does not apply in any town that enacts an ordinance under par. (ar).
(ar)
A town may enact a shoreland management ordinance that is prepared under sub. (1).
(b)
If a county, city or village proposes to enact an ordinance based on the guidelines prepared under sub. (1), or if a town proposes to enact a shoreland management ordinance, the county, city, village or town shall submit a draft of the ordinance to the department.
(c)
The board shall review a draft of an ordinance submitted under par. (b) and make recommendations to the department.
(d)
The department shall review and approve or disapprove a draft of an ordinance submitted under par. (b).
(e)
A county, city or village may enact an ordinance based on the guidelines prepared under sub. (1) only if the draft of the ordinance is approved by the department under par. (d). A town may enact a shoreland management ordinance only if the draft of the ordinance is approved by the department under par. (d).
(2m)
Authority to enforce ordinance. A county may not enforce a shoreland management ordinance unless the county uses funds provided under s. 92.14 (3) for grants for the purposes under s. 92.14 (3) (b). A city, village or town may not enforce a shoreland management ordinance unless the county in which the city, village or town is located uses funds provided under s. 92.14 (3) for grants for the purposes under s. 92.14 (3) (b).
(2r)
Department not to require enactment. The department may not require a county, city, village or town to enact an ordinance under this section as a condition of any other program administered by the department.
(4)
Cooperation. The department shall consult with the governing bodies of counties, cities, villages and towns to secure voluntary uniformity of regulations, so far as practicable, shall identify low-cost practices and shall extend assistance to counties, cities, villages and towns under this section.
History:  1991 a. 309; 1993 a. 213; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 92 - Soil and water conservation and animal waste management. › 92.18 - Training and certification.

92.18
Training and certification.
(1)
The department shall, by rule, establish a program of training and certification for persons who review plans for, conduct inspections of or engage in activities under any of the following:
(a)
This chapter.
(b)
Section 281.65, if those activities relate to agricultural practices.
(2)
The department shall do all of the following:
(a)
Identify those persons involved in plan review or inspections who are required to obtain certification.
(b)
Establish the requirements for and the term of initial certification, and the requirements for recertification upon expiration of that term. To the extent possible, the department shall establish the requirements for certification in conformance with the engineering approval system used by the federal soil conservation service in providing technical assistance under 7 CFR 610.1 to 610.5. The department may require applicants to pass an examination in order to receive initial certification.
(c)
Establish different levels of certification as the department determines is appropriate.
(d)
Identify persons other than inspectors and plan reviewers who may benefit from the training program, and encourage those persons to enroll in the training program.
(2m)
If a person is certified under this section to review plans for, or conduct inspections of, a type of agricultural engineering practice at one of the levels under sub. (2) (c), the department shall allow the person to review plans for, or conduct inspections of, all types of agricultural engineering practices at that same level without requiring any additional certification.
(3)
The department may impose fees for the training and certification program.
(4)
The department shall promulgate rules under this section in consultation with the department of natural resources.
(5)
Any training required under this section may be conducted by the department or the department of natural resources or by another person with the approval of the department.
(6)
The department may suspend or revoke a certification under this section for failure to comply with this section or rules promulgated under this section.
History:  1991 a. 309; 1995 a. 227; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.02 - Staff.

93.02
Staff.
The secretary shall appoint all staff necessary for the carrying out of the duties of the department, all of whom shall be under the classified service except the deputy secretary, the assistant deputy secretary, and, subject to s. 230.08 (4) (a), the administrators of divisions. Each such deputy secretary, assistant deputy secretary, or administrator shall be appointed by the secretary with the approval of the board.
History:  1977 c. 418; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.03 - Offices of department, hearings, investigations.

93.03
Offices of department, hearings, investigations.
The principal office of the department shall be in Madison, but, with the approval of the governor, other offices may be maintained elsewhere in the state as may be necessary for the efficient functioning of the department. Hearings, investigations and meetings necessary to the carrying out of any of the duties of the department may be conducted anywhere within or without the state, as the department determines to be for the best interests of the state and the parties immediately concerned.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.075 - Policy of cooperative marketing adopted.

93.075
Policy of cooperative marketing adopted.
The history of the farm marketing problem in the state and nation, as well as throughout the world, points to a solution chiefly through cooperative marketing efforts of producers. It is, hence, declared to be the policy of this state, in advancing the general good and public welfare, to assist in the organization and development of cooperative associations for production and marketing purposes along lines of dairy and other farm products.
History:  1975 c. 394 s. 10; Stats. 1975 s. 93.075.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.08 - Access for law enforcement.

93.08
Access for law enforcement.
In performing their duties or in enforcing the laws entrusted to their administration, the department and its authorized agents may do all of the following:
(1)
Enter, within reasonable hours, any field, orchard, garden, packing ground, building, freight or express office, warehouse, car, vessel, vehicle, room, cellar, storehouse, cold storage plant, packing house, stockyard, railroad yard or any other place of business, which it may be necessary or desirable for them to enter.
(2)
Open any box, carton, parcel, package or other receptacle, inspect the contents thereof, and, upon payment or tender of the market value, take samples of any product or material contained therein.
(3)
Inspect products and materials and collect and test samples of them.
History:  1989 a. 282.
A warrantless inspection of a dairy farm under authority of ss. 93.08, 93.15 (2), and 97.12 (1) and related administrative rules made without prior notice and without the owner being present was not unconstitutional. Because the administrative rules govern operations, equipment, and processes not typically conducted in residential areas, the rules and statutes sufficiently preclude making warrantless searches of residences. Lundeen v. DATCP, 189 Wis. 2d 255, 525 N.W.2d 758 (Ct. App. 1994).
This section authorizes the stop and search of vehicles transporting livestock in Wisconsin so long as certain constitutional safeguards are met. 77 Atty. Gen. 172.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.10 - Inspector's certificate.

93.10
Inspector's certificate.
(1)
The department, as a means of enforcing the standard for the grade of any food product or farm product or for any receptacle therefor, may, by general order, after public hearing, require any such product or receptacle to bear the official certificate of an inspector licensed under s. 93.11.
(2)
Whenever the department has required any product or receptacle to bear the official certificate of an inspector licensed under s. 93.11, no person marketing or having in his or her possession for commercial purposes any such product or receptacle shall remove, mutilate or alter the official certificate thereon or represent such product or receptacle, unless in a manner authorized by the department, as being of any grade other than the grade designated by the official certificate thereon, except as to products or receptacles included in s. 93.09 (2) and (3); and no person shall market or have in his or her possession for commercial purposes any such product or receptacle unless such product or receptacle bears the official certificate of an inspector licensed under s. 93.11, except as to products or receptacles included in s. 93.09 (2), (3) and (4); provided, that such a product or receptacle may be marketed or had in possession without an official certificate issued at the point of shipment if such product or receptacle is destined for shipment to a point within the state, where the shipper has arranged for the issuance of an official certificate; provided, further, that possession under this section, shall not include possession by a carrier or other bailee.
History:  1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.14 - Power to conduct hearings; secure evidence; witness fees.

93.14
Power to conduct hearings; secure evidence; witness fees.
(1)
The department or any of its authorized agents may, in relation to any matter within the department's power, conduct hearings, administer oaths, issue subpoenas and take testimony.
(2)
The witnesses and officers who subpoena them shall be entitled to the fees allowed in courts of record. Such fees shall be audited and paid by the state in the same manner as other expenses of the department are audited and paid. No witness subpoenaed at the instance of any party other than the department shall be entitled to payment of fees by the state, unless the department certifies that the testimony of such witness was material.
(3)
Any person who shall unlawfully fail to attend as a witness or refuse to testify may be coerced as provided in s. 885.12.
(4)
A record of all hearings shall be kept in the office of the department. All hearings shall be public.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.15 - Reports to department; inspections.

93.15
Reports to department; inspections.
(1)
The department may, by general or special order, require persons engaged in business to file with the department, at such time and in such manner as the department may direct, sworn or unsworn reports or sworn or unsworn answers in writing to specific questions, as to any matter which the department may investigate.
(2)
The department or any of its authorized agents may have access to and may copy any document, or any part thereof, which is in the possession or under the control of any person engaged in business, if such document, or such part thereof, is relevant to any matter which the department may investigate.
(3)
No person shall refuse or fail to render any report or answer required under this section at such time and in such manner as the department may prescribe. No person shall refuse, neglect or fail to submit, for the purpose of inspection or copying, any document demanded under this section. No person shall willfully make any false entry or statement in any report or answer required or document demanded under this section. No person shall willfully fail to make full and true entries and statements in any report or answer required or document demanded under this section. No person shall, for the purpose of embarrassing the department in the conduct of any investigation, hearing or proceeding, remove out of the state or mutilate or alter any document. No person shall, except through judicial process, resist or obstruct any official or subordinate of the department in the exercise of the official's or subordinate's lawful authority.
History:  1993 a. 492.
A warrantless inspection of a dairy farm under authority of ss. 93.08, 93.15 (2), and 97.12 (1) and related administrative rules made without prior notice and without the owner being present was not unconstitutional. Because the administrative rules govern operations, equipment, and processes not typically conducted in residential areas, the rules and statutes sufficiently preclude making warrantless searches of residences. Lundeen v. DATCP, 189 Wis. 2d 255, 525 N.W.2d 758 (Ct. App. 1994).
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.16 - Preliminary investigation.

93.16
Preliminary investigation.
(1)
The department may, at any time, conduct such preliminary investigation as is necessary and proper to determine whether a hearing or proceeding ought to be begun under the provisions of this chapter.
(2)
The authority contained in ss. 93.14 and 93.15 may be used in the conduct of such preliminary investigation.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.17 - Immunity; perjury.

93.17
Immunity; perjury.
(1)
Except as to a hearing or proceeding under s. 93.06 (3) or as to an investigation preliminary thereto, no person may be excused from testifying or rendering a report or answer or producing or submitting a document, in response to a demand made under s. 93.14 or 93.15, upon the ground or for the reason that the testimony or report or answer or document required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture; but no natural person may be prosecuted or subjected to any penalty or forfeiture for or on account of testifying or rendering a report or answer or producing or submitting a document, in response to a demand made under s. 93.14 or 93.15, and no testimony so given or report or answer so rendered or document so produced or submitted may be received against him or her in any criminal action, investigation or proceeding; provided, that no natural person so testifying may be exempt from prosecution and punishment for perjury committed by him or her in so testifying or for misrepresentation or concealment committed by him or her in so rendering a report or answer or so producing or submitting a document.
(2)
The immunity provided under sub. (1) is subject to the restrictions under s. 972.085.
History:  1989 a. 122.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.18 - Hearings; orders; service; procedure; revocation.

93.18
Hearings; orders; service; procedure; revocation.
(1)
General orders, standards and regulations shall be adopted, amended and repealed as prescribed in ch. 227.
(2)
The department, in any matter relating to issuing, revoking or amending a special order relating to named persons, except as provided in sub. (3), shall serve upon the person complained against a complaint in the name of the department and a notice of a public hearing thereon to be held not sooner than 10 days after such service. The person complained against shall be entitled to be heard in person, or by agent or attorney and shall be entitled to process to compel the attendance of witnesses.
(3)
The department, after acting pursuant to s. 100.37 or 100.41 to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric, product or related material ceased, shall give written notice of its finding to the manufacturer, seller or other person responsible for placing the item in the channels of trade in this state. After such notice no person may sell, remove or otherwise dispose of such item except as directed by the department. Any person affected by such notice may demand a prompt hearing to determine the validity of the department's findings. The hearing, if requested, shall be held as expeditiously as possible but not later than 30 days after notice. A request for hearing does not operate to stay enforcement of the order during the pendency of the hearing. The person petitioning for a hearing shall be entitled to the same rights specified under sub. (2).
(4)
The department shall serve a copy of any special order upon the person against whom the order is issued.
(5)
Complaint, notice, order or other process of the department may be served as may be a summons, and a subpoena as provided by s. 885.03, and either may be served by registered mail to an address furnished by the person or concern to either the department or the department of financial institutions. Service may be proved by affidavit. Service in any event may be also by registered mail addressed to the person or concern and proved by the post-office return receipt, in which case the time of service is the date borne by the receipt.
(6)
The testimony presented and the proceedings at hearings shall be taken by a stenographic reporter or otherwise recorded and when necessary shall be transcribed. The secretary shall make his or her findings and determination thereon. The department shall make rules of procedure and practice not inconsistent with any law governing such procedure or practice.
History:  1975 c. 117; 1993 a. 492; 2015 a. 186.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.20 - Enforcement costs.

93.20
Enforcement costs.
(1)
Definition. In this section, “action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce ch. 88, 89, 91 to 100, 126, 136, 344, 704, 707, or 846.
(2)
Enforcement costs order. If a court imposes costs under s. 814.04 or 973.06 against a defendant in an action, the court may order that defendant to reimburse the department for reasonable, documented enforcement costs incurred by the department to prepare and prosecute that action. The prosecutor shall present evidence of the enforcement costs and the defendant shall be given an opportunity to refute that evidence. If any cost that a court orders a defendant to pay under this section may also be recovered by the department under s. 814.04 or 973.06, the department may recover that cost only under this section, but that cost is not limited to the amounts specified in s. 814.04 or 973.06.
History:  1991 a. 39; 1993 a. 213; 1995 a. 216; 2001 a. 16; 2009 a. 28; 2015 a. 55, 310.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.21 - Penalties.

93.21
Penalties.
(1)
Failing to furnish information. Any owner or manager of any creamery, cheese factory, butter factory, condensary or milk receiving plant, and any person dealing in or manufacturing dairy products, who fails to furnish the statement prescribed under s. 93.06 (2) to every person from whom milk is purchased or received, or who fails to comply with s. 93.07 (21), shall be fined not to exceed $200 or imprisoned in the county jail not to exceed 6 months or both.
(2)
Obstructing officers. Any person who obstructs or interferes with an officer or employee of the department in the performance of his or her duty or who refuses to permit access or sampling under s. 93.08:
(a)
May be fined not more than $1,000 or imprisoned for not more than 6 months or both.
(b)
In lieu of the penalty under par. (a), may be required to forfeit not more than $2,000.
(3)
Violation of order or regulation. Any person who violates s. 93.09 (8), 93.10 (2) or 93.11 (7), or who willfully violates or refuses, neglects or fails to obey any order or regulation of the department, shall be punished as in sub. (1).
(4)
Failure to obey orders. Any person who willfully violates s. 93.14 (3) or 93.15 (3), or who willfully violates or refuses, neglects or fails to obey any order issued under s. 93.06 (3), shall, for each offense, be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both.
(5)
Late filing fee.
(a)
In this subsection, “license" means a permit, certificate, registration, or license issued by the department under chs. 91 to 100, 126, or 173.
(b)
A person who files an application for the renewal or reissuance of a license after the license has expired shall pay, in addition to the fee for the license, an additional fee equal to 20 percent of the license fee or $5, whichever is greater. For purposes of this section, an application for a license shall not be considered an application for the renewal or reissuance of the license if the application is filed more than one year after the date of expiration of the original license.
(6)
Fraudulent use of official seals. Any person who falsifies, alters, forges, counterfeits or fraudulently issues or uses any official certificate, seal, stamp or mark of the department or any official sealing, stamping or marking device of the department:
(a)
May be fined not more than $10,000 or imprisoned for not more than one year in the county jail or both.
(b)
In lieu of the penalty under par. (a), may be required to forfeit not more than $10,000.
History:  1989 a. 282; 1993 a. 16; 1997 a. 253; 2001 a. 16; 2009 a. 90.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.22 - Enforcement provisions.

93.22
Enforcement provisions.
(1)
In cases arising under chs. 88, 89, and 93 to 100, the department may be represented by its attorney.
(2)
The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under chs. 88, 89, and 93 to 100. The cost of such special counsel shall be charged to the appropriation for the department.
(3)
In any criminal or civil action under chs. 88, 89, and 93 to 100, any exception, exemption, proviso, excuse, or qualification contained in any of said chapters, or in any order, standard, or regulation thereunder, may be proved by the defendant, but need not be specified or negatived in the information or complaint, and, if so specified or negatived, no proof in relation to the matters so specified or negatived, shall be required of the plaintiff.
History:  1977 c. 29 s. 1650m (4); 1991 a. 309; 1993 a. 213; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.30 - World dairy expo.

93.30
World dairy expo.
(1)
The secretary shall approve any plans for the expenditure of appropriations under s. 20.115 (4) (e) to the World Dairy Expo, Inc., for activities that expand business opportunities for the persons of the dairy industry that are located in this state. Of the amounts appropriated under s. 20.115 (4) (e), $33,250 in each fiscal year may be expended only to the extent that a county, city, village, or town pays to World Dairy Expo, Inc., an amount that is not less than 50 percent of the department's payment.
(2)
Any moneys received by World Dairy Expo, Inc., under this section shall be used only for the purposes described in sub. (1).
(3)
Not later than 30 days after the close of the exposition each year World Dairy Expo, Inc., shall file with the department, on forms provided by it, an itemized account verified on oath, showing amounts actually paid or to be paid. The verified account shall correspond with the plans approved by the secretary under sub. (1). On or before December 31 of the year in which the exposition is held, World Dairy Expo, Inc., shall furnish the department with a statement of receipts and disbursements, attendance, and such other information relating to the exposition as the department may require. Upon receipt of such statement the department shall pay World Dairy Expo, Inc., the aid due for the preceding year.
History:  1973 c. 333; 1975 c. 394 s. 8; Stats. 1975 s. 93.30; 1989 a. 31; 2001 a. 103.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.31 - Livestock breeders association.

93.31
Livestock breeders association.
The secretary of the Wisconsin livestock breeders association shall on and after July 1 of each year make a report to the department, signed by the president, treasurer, and secretary of the association, setting forth in detail the receipts and disbursements of the association for the preceding fiscal year in such form and detail together with such other information as the department may require. On receipt of such reports, if the department is satisfied that the business of the association has been efficiently conducted during the preceding fiscal year and in the interest of and for the promotion of the special agricultural interests of the state and for the purpose for which the association was organized and if the final statement shows that all the receipts together with the state aid have been accounted for and disbursed for the proper and necessary purposes of the association, and in accordance with the laws of the state, then the department shall file a certificate with the secretary of administration and he or she shall pay to the treasurer of the association the amount of the appropriations made available for the association by s. 20.115 (4) (a) for the conduct of junior livestock shows and other livestock educational programs. The association may upon application to the state purchasing agent, upon such terms as he or she may require, obtain printing for the association under the state contract.
History:  1971 c. 125; 1975 c. 394 s. 25; Stats. 1975 s. 93.31; 1977 c. 29 s. 1650m (4); 1977 c. 273; 1991 a. 39; 1993 a. 213; 1999 a. 5; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 93 - Department of agriculture, trade and consumer protection. › 93.32 - Agriculture in the classroom program.

93.32
Agriculture in the classroom program.
From the appropriation account under s. 20.115 (4) (q), the department shall provide grants to the organization that conducts an agriculture in the classroom program in cooperation with the federal department of agriculture to help teachers educate students about agriculture.
History:  2001 a. 16.