Summary of Agricultural Resource Management Programs

The Agricultural Resource Management Division (ARM Division) works to ensure the wise and harmonious use of Wisconsin’s land, water and plant resources. The division:

• Safeguards the food chain, and the resources that support it.
• Regulates pesticides and other agrichemicals to protect public health and the environment.
• Works to prevent and clean up agrichemical spills.
• Helps landowners and local governments to conserve Wisconsin’s productive land and water resources.
• Establishes standards for certain local regulations, including livestock facility siting ordinances.
• Helps preserve farmland threatened by unplanned development and sprawl.
• Helps prevent pollution of surface water and groundwater resources.
• Works to control serious pests that threaten Wisconsin crops, forests and plant communities.

Pesticides

The ARM Division enforces Wisconsin’s pesticide laws. Persons who sell or use pesticides must comply with strict legal safeguards. Pesticide regulation protects human health and the environment, including surface and groundwater, and helps ensure that food and agricultural products are safe.

Pesticides Covered

The ARM Division regulates all kinds of pesticides and pesticide uses, including:

• Agricultural pesticides.
• Industrial and commercial pesticides.
• Residential and household pesticides.

Pesticide Product Registration

The U.S. Environmental Protection Agency (EPA) registers pesticides. Pesticides must be registered for specific uses, and must be used according to federally approved label directions. The ARM division provides information that may be relevant to EPA registration decisions.

State law may impose additional restrictions. In certain limited cases, DATCP may authorize a special local pesticide use not authorized by the EPA registration if that use is necessary to address a unique local pest threat or emergency. The ARM Division consults with EPA on special local use authorizations.

Pesticide Licenses

The ARM Division licenses:

• Pesticide manufacturers and labelers.
• Restricted-use pesticide dealers.
• Pesticide application businesses.
• Individuals who apply pesticides as commercial applicators for hire.

Pesticide Applicator Certification

The ARM Division certifies individual pesticide applicators for competence. Certification is required for commercial applicators who apply pesticides of any kind, and for farmers and other individuals who use “restricted use” pesticides. The ARM Division certifies applicators in appropriate categories, depending on the types of applications they perform. Applicators must pass a certification test.

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Pesticide Sales, Handling and Use

The ARM Division adopts and enforces pesticide rules. DATCP has comprehensive rules addressing:

• Pesticide sales and distribution.
• Proper handling and use of pesticides.
• Storing, mixing and loading pesticides to prevent pesticide spills.
• Specialized pesticide applications such as aerial, lawn care, fumigation and chemigation applications.
• Groundwater and surface water protection.
• Worker protection.
• Notice of pesticide applications.
• Collection and proper disposal of pesticide containers and unwanted products.

Under state law, persons applying pesticides at K-12 schools must be certified applicators. Schools must use certified applicators and post notices of application. Many schools have, with DATCP help, implemented integrated pest management programs to minimize risks of pesticide exposure.

Compliance Monitoring

The ARM Division:

• Reviews pesticide information from EPA and other sources.
• Compiles and analyzes groundwater monitoring data and other information to detect possible environmental contamination.
• Investigates pesticide misuse incidents. Investigators collect evidence, including environmental samples for lab analysis where appropriate.
• Receives and handles complaints related to pesticides and pesticide use.
• Inspects pesticide storage, distribution and sales facilities. Investigators collect product and environmental samples for lab analysis, where appropriate.
• Monitors pesticide handling and use practices.
• Monitors pesticide sales and labeling, to prevent sales of illegal or mislabeled products.

Enforcement

If necessary, the ARM Division may:

• Deny licenses or permits, or issue them on a conditional basis.
• Ask the DATCP Secretary to suspend, revoke or impose conditions on licenses or permits.
• Issue holding orders to prohibit the sale or movement of suspect pesticides, pending further analysis or investigation.
• Petition the DATCP Secretary to issue orders to individual companies. Orders may prohibit improper practices, impose license conditions and require corrective practices. DATCP may issue orders on an emergency basis, if necessary, to protect public health and the environment.
• Prosecute law violations in court (in cooperation with county district attorneys or the Department of Justice). The division may seek criminal penalties, civil forfeitures or injunctions against law violators.
• Issue warning notices for less serious violations.

Training and Information

The ARM division provides training and information to promote safe use of pesticides. The division:

• Provides training and education programs related to pesticide worker protection and endangered species protection, school integrated pest management and other matters.
• Cooperates with the University of Wisconsin Extension and others to develop training and certification programs for pesticide applicators.
• Recommends pest management and pesticide use practices that minimize health and environmental risks.
• Provides public information related to pesticides.

Groundwater and Surface Water Protection

The ARM division regulates agrichemical contamination of groundwater, subject to the state groundwater law (Wisconsin Statutes chapter 160). The division:

• Regulates pesticides, such as aldicarb and atrazine, which have contaminated groundwater. Current atrazine rules are the strongest in the nation, and prohibit atrazine use on approximately 1.2 million acres. Regulation must maintain compliance with groundwater standards established by the Department of Natural Resources. Rules may restrict application rates, regulate application methods, and prohibit use in certain areas.
• Conducts surveillance monitoring to detect groundwater contamination and trends.
• Conducts in-depth investigations to identify contamination sources.
• Regulates pesticide mixing and loading, agrichemical bulk storage, nutrient applications, and other activities that may cause groundwater contamination.
• Works to prevent and clean up agrichemical spills.

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Agrichemical Spills and Cleanup

Pesticide and fertilizer spills may threaten public health and the environment. The ARM Division works to prevent and clean up spills, including spills from leaking storage tanks. The division also works with farmers and local officials to collect and dispose of unused chemicals and chemical containers.

Bulk Storage Facilities

DATCP led the nation in establishing construction and spill containment standards for pesticide and fertilizer bulk storage facilities. The ARM Division inspects facilities for compliance with those standards.

Mixing and Loading Sites

When DATCP investigation found serious groundwater contamination at pesticide mixing and loading sites, DATCP led the nation in establishing spill containment standards for those sites. The ARM Division investigates violations of those preventive standards.

Spill Investigation and Cleanup

The ARM Division:

• Inspects pesticide and fertilizer bulk storage facilities, and pesticide mixing and loading sites, to detect possible spills.
• Tests soil, groundwater and surface water samples, as necessary.
• Investigates spills and supervises cleanups.
• May petition the DATCP Secretary to issue cleanup orders against responsible parties who fail to clean up voluntarily.
• Coordinates with the Department of Natural Resources, as necessary.
• Addresses lingering contamination from past pesticide use, such as lead arsenate in old orchards.

Cleanup Cost Reimbursement

The ARM Division may reimburse part of the spill cleanup cost.

• To qualify, a responsible party must comply with cleanup standards.
• DATCP rules spell out reimbursement standards and procedures.
• Pesticide and fertilizer fees provide reimbursement funding.

Agricultural “Clean Sweep” Programs

The ARM Division awards grants to local governments to establish urban and agricultural “clean sweep” programs. “Clean sweeps” collect and safely dispose of unused chemicals that could otherwise threaten the environment. DATCP-sponsored “clean sweeps” have collected over 2 million pounds of unwanted pesticides and chemicals to date. Recently, the program has been expanded to include collection of unwanted prescription drugs.

Compliance Monitoring

The ARM Division:

• Investigates reported spills of agricultural chemicals.
• Inspects storage, mixing and loading facilities.
• Checks for spills, and for proper spill prevention.
• Tests soil, groundwater and surface water samples, as necessary.
• Investigates the nature, scope and environmental effect of spills.
• Prescribes spill cleanup requirements.
• Checks for adequate spill cleanup.
• Evaluates cleanup reimbursement claims with the help of an Agricultural Chemical Cleanup Advisory Council.
• Pays qualified reimbursement claims.
• Audits cleanup expenditures, as necessary.

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Enforcement

If necessary, the ARM Division may:

• Petition the DATCP Secretary for orders prohibiting law violations, or directing responsible parties to clean up spills.
• Petition the DATCP Secretary to suspend, revoke, or impose conditions on a violator’s license.
• Prosecute law violators in court (in cooperation with county district attorneys or the Department of Justice). The division may seek criminal penalties, civil forfeitures or injunctions against law violators.
• Deny unwarranted reimbursement claims.
• Issue warning notices for less serious violations.

Animal Feed

The ARM Division regulates Wisconsin’s large feed industry to:

• Protect livestock and pets.
• Protect the human food chain and human health.
• Prevent deceptive sales practices.

Contaminated feed can also contaminate the human food chain. Feed regulation is important for the health of human beings, livestock and pets, as evidenced by national concerns over “mad cow” disease, drug resistance and pet food recalls. The ARM Division coordinates feed programs (including medicated feed programs) with Food Safety and Animal Health Divisions, and with the U.S. Food and Drug Administration.

Commercial Feed Licensing

The ARM Division currently licenses about 1,300 commercial feed and pet food companies. Each year, these companies distribute about 3.5 million tons of feed in Wisconsin. That includes nearly 3 million tons of feed for Wisconsin’s multibillion dollar livestock and poultry industry, as well as 345,000 tons of pet food.

Commercial Feed Labeling

A commercial feed must be properly labeled so that animal owners can make informed feeding decisions. Feed labels must contain nutritional and ingredient information. There are special requirements for feeds containing drugs. The ARM Division samples and analyzes commercial feed for compliance with label claims.

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Adulteration and Misbranding

Commercial feed may not be adulterated or misbranded. The ARM Division may act to prevent the sale of adulterated or misbranded feed.

“Toxic Response” Incidents

The ARM Division works with other divisions to investigate unexplained animal deaths or illnesses. The division investigates these incidents on a high priority basis, to prevent further harm to animals or humans. The division checks for pesticides, feed adulterants and other substances that may harm animals or humans.

Compliance and Enforcement

The ARM Division may:

• Inspect and test commercial feed.
• Audit commercial feed operations, and inspect manufacturing facilities.
• Investigate feed adulteration or misbranding.
• Prohibit the sale or movement of adulterated or misbranded feed.
• Deny licenses, or issue them on a conditional basis.
• Petition the DATCP Secretary to suspend, revoke or impose conditions on existing licenses.
• Prosecute violations in court (in cooperation with county district attorneys or the Department of Justice). The division may seek criminal penalties or injunctions against law violators.
• Issue warning notices for less serious violations.

Fertilizer and Related Products

The ARM Division works to prevent fraudulent sales of fertilizer, liming materials, and soil and plant additives.

Fertilizer

Manufactured commercial fertilizers must contain minimum guaranteed amounts of plant nutrients (there are some exceptions). State law also limits nutrient content in some cases (for example, state law now restricts the sale of lawn fertilizer containing phosphates, in order to prevent contamination of surface water). The ARM Division inspects, samples and tests commercial fertilizer to ensure that nutrient contents comply with state laws and product labels.

Fertilizer manufacturers and distributors must be licensed. The ARM Division may issue permits for specialty fertilizers that have low nutrient levels. Based on recommendations from the Fertilizer Research Council (see Section 9), the division uses some fertilizer license fees to award grants for fertilizer and water quality research.

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Soil and Plant Additives

The ARM Division regulates soil and plant additives, such as microbiological products, that are sold to promote plant growth. The ARM Division licenses manufacturers and distributors, and issues permits for individual products. The ARM division reviews label claims, and may require a seller to substantiate claims by scientific evidence.

Liming Materials

Liming materials promote soil fertility by neutralizing excessive soil acidity. Liming materials must be accurately labeled with a “neutralizing index” that indicates effectiveness. The ARM division checks liming materials for false labeling.

Licensing

The ARM Division currently licenses about 735 manufacturers and distributors of fertilizer and related products. License holders distribute about 2.3 million tons of fertilizer and related products each year.

Labeling

Fertilizer and related products must be properly labeled to help buyers make informed purchase and use decisions. The ARM Division evaluates product labels, inspects manufacturing facilities, and tests product samples to ensure that products live up to advertising and label claims.

Compliance and Enforcement

The ARM Division may:

• Inspect, sample and analyze fertilizer and related products.
• Require substantiation of label claims.
• Deny licenses or permits, or issue them on a conditional basis.
• Petition the DATCP Secretary to suspend, revoke or impose conditions on existing licenses or permits.
• Issue holding orders to halt the sale of suspect fertilizer, liming materials, or soil or plant additives, pending further investigation.
• Prosecute violations in court (in cooperation with county district attorneys or the Department of Justice). The division may seek criminal penalties, civil forfeitures or injunctions against law violators.
• Issue warning notices for less serious violations.

Land and Water Resource Management

The ARM Division administers Wisconsin’s land and water resource management program under Wisconsin Statutes chapter 92. This program is designed to conserve the state’s land and water resources, reduce soil erosion and manure runoff, and enhance water quality. The ARM Division administers this program in cooperation with:

• Wisconsin counties.
• The Wisconsin Land and Water Conservation Board (LWCB).
• The Wisconsin Department of Natural Resources (DNR).
• The U. S. Department of Agriculture (Natural Resource Conservation Service and Farm Services Agency).

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Program Elements

The land and water resource management program includes the following elements:

• Conservation Standards. DATCP has adopted farm conservation standards to implement nonpoint water pollution standards set by DNR (see Wisconsin Administrative Code chapter ATCP 50). These include standards for:
  
  
  • Soil erosion.
  • Manure storage facilities.
  • Clean water diversions.
  • Nutrient management.
  • Manure management.

• County Land and Water Resource Management Plans. Every county must have a land and water resource management plan in order to qualify for state funding. DATCP reviews and approves county plans at regular intervals, in consultation with the LWCB. Counties with approved plans are eligible for staffing grants and conservation cost-share funding from DATCP.
• Staff Funding and Technical Support to Counties. DATCP funds county conservation staff and provides technical support to counties.
• Cost-Share Funding. DATCP and DNR provide cost-share funding to counties. Counties use cost-share funds to help farmers pay for needed farm conservation practices. DATCP coordinates funding allocations with DNR.
• Farmland Preservation; Conservation Compliance. Farmers claiming tax credits under the state farmland preservation program (see below) must comply with state soil and water conservation standards, including nutrient management standards. Counties monitor compliance.
• Nutrient management. DATCP rules spell out nutrient management standards for farms. DATCP funding supports county cost-share funding, training and technical assistance to farmers. DATCP also funds some University of Wisconsin and UW-Extension research, training and technical assistance related to nutrient management on farms.
• Local Ordinances. County and local governments may regulate conservation practices on farms, within limits specified by state law. DATCP rules spell out standards for local ordinances, including manure storage, shoreland management and livestock facility siting ordinances. DATCP helps local governments comply with applicable state standards.
• Soil and Water Professionals. DATCP sets standards for agricultural engineering practitioners, nutrient management planners, and soil testing laboratories. DATCP certifies agricultural engineering practitioners and soil testing laboratories.

The Role of the Counties

Counties play a key role in Wisconsin’s soil and water resource management program:

• Each county must have a land and water resource management plan, in order to qualify for state funding. The plan must evaluate soil erosion and water quality problems, set water quality objectives, identify needed conservation practices, set priorities, spell out plans to implement state standards, and take action to achieve key goals.
• Each county must have a program to apply for, receive, distribute and account for state funds.
• County and local ordinances, if any, must comply with applicable state standards (including applicable DATCP rules).

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Grant Awards

DATCP distributes land and water conservation grants to counties. Grants pay for county conservation staff, as well as county cost-share grants to farmers. DNR also provides cost-share funding under its nonpoint source pollution abatement program.

Each year, DATCP and DNR award county grants according to a joint allocation plan reviewed by the Land and Water Conservation Board (LWCB). DATCP awards grants based on county grant applications. DATCP provides a basic level of funding for every county, and makes additional awards based on county plans and state conservation priorities. Counties use cost-share funds to help farmers implement land and water conservation practices, including nutrient management practices.

Conservation Easements (CREP)

The Conservation Reserve Enhancement (CREP) program provides additional cost-share funding and incentives for natural habitat and water quality protection. DATCP administers this program in cooperation with the U.S. Department of Agriculture and participating counties. Under CREP, eligible landowners receive state and federal payments to protect land under 15-year conservation agreements or permanent conservation easements.

Program Standards

DATCP has adopted rules for the soil and water resource management program, including:

• Farm conservation standards.
• Minimum standards for county programs.
• Standards and procedures for awarding grants to counties.
• Standards and procedures for awarding cost-share grants to landowners.
• Design and construction standards for cost-shared practices.
• Standards and procedures for certifying agricultural engineering practitioners, nutrient managers and soil testing laboratories.
• Standards for county and local ordinances.
• Fiscal and accounting standards.

Training and Technical Assistance

The ARM division provides training and technical assistance to county staff. The division also works with counties to provide technical assistance to farmers.

Review and Audit

The ARM division reviews county soil and water programs, and establishes fiscal, accounting and audit standards for use of grant funds.

Information

The ARM Division collects, organizes and distributes information related to soil and water resource management.

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Livestock Facility Siting

The ARM Division administers Wisconsin’s Livestock Facility Siting Law (Wisconsin Statutes s. 93.90). The Livestock Facility Siting Law establishes a general statewide framework for local approval of new or expanded livestock facilities. DATCP has adopted rules (Wis. Adm. Code ch. ATCP 51) to implement the law.

The law prohibits local governments from requiring permits for livestock facilities under 500 “animal units” (there are limited exceptions). Local governments may require permits for livestock facilities over 500 “animal units” (but are not required to do so). To obtain a permit, a livestock operator must complete an application form prescribed by ATCP 51. The form is designed to document compliance with uniform siting standards, including standards for building setbacks, odor and air emissions, manure and nutrient management, waste storage facilities and runoff management.

A local government must take prompt action on each permit application. If the application contains the required information, the local government must approve the livestock facility unless it finds, based on other clear and convincing evidence in the local record, that the facility fails to meet the ATCP 51 standards. A local decision may be appealed to the state Livestock Facility Siting Review Board (see Section 9).

Farmland Preservation

Wisconsin’s “Working Lands” Initiative

In 2009, Wisconsin enacted major new “Working Lands” legislation to:

• Save critical farmland resources.
• Promote sound land use planning and development.
• Encourage agricultural investment.
• Promote soil and water conservation.
• Minimize land use conflicts.
• Help farms stay economically viable.

The “Working Lands” legislation:

• Overhauls Wisconsin’s 30-year-old farmland preservation law.
• Enhances farmer tax credits (the new law appropriates $27 million for tax credits each year, compared to $12 million under the old law).
• Requires counties to update their farmland preservation plans.
• Modernizes farmland preservation zoning standards.
• Provides incentives for soil and water conservation.
• Authorizes “agricultural enterprise areas.”
• Authorizes purchases of agricultural conservation easements from willing landowners.

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The Farmland Preservation Law

Under the new farmland preservation (FP) law, farmers may claim income tax credits if their land is all of the following:

• Targeted for preservation in a certified county FP plan.
• Covered by a certified FP zoning ordinance (county or local) or by an individual FP agreement (new agreements now available only in “agricultural enterprise areas”).
• In compliance with state soil and water conservation standards.

County Farmland Preservation Plans

DATCP may certify a county FP plan that meets applicable standards. DATCP may also provide planning grants to counties. Counties must update their plans according to a statutory timetable (fast-growing counties must update first). A certified county plan must identify FP areas (where farmers may be eligible for tax credits). The FP plan must be consistent with the county comprehensive plan.

Farmland Preservation Zoning Ordinances

A county, town or municipality may adopt an FP zoning ordinance. Farmers covered by an FP zoning ordinance may claim tax credits if the ordinance is certified by DATCP. DATCP may certify the ordinance if it meets minimum FP zoning standards and is consistent with the county’s certified FP plan. FP zoning standards restrict non-farm development in FP zoning districts, but allow some compatible development (ordinances may be more restrictive, but not less restrictive).

Farmland Preservation Agreements

Farmers may also claim FP tax credits if their land is covered by an individual FP agreement between the farmer and DATCP (tax credits are higher if the land is also covered by a certified FP zoning ordinance). FP agreements run with the land, and are binding on subsequent owners. Under the new law, FP agreements run for 15 years and are offered only in “agricultural enterprise areas” (see below).

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Conservation Compliance

Farmers claiming FP tax credits must comply with land and water conservation standards, including nutrient management standards. Counties monitor compliance.

Agricultural Enterprise Areas

DATCP may designate “agricultural enterprise areas” (AEAs) in response to local petitions. An AEA must be within an FP area designated in the county FP plan (see above). Farmers within a designated AEA may enter into individual FP agreements with DATCP, and may claim tax credits under those agreements.

An AEA petition must be signed by at least 5 affected farmers, the affected county, and affected local governments. The petition must show how the proposed AEA will promote agriculture. Initially, DATCP may designate AEAs totaling up to 200,000 acres. Eventually, DATCP may designate AEAs totaling up to one million acres (about the size of Marathon County).

Agricultural Conservation Easements

Under the new FP law, DATCP may work with cooperating entities (local governments or non-profit conservation organizations) to purchase perpetual agricultural conservation easements from willing landowners. The farmer retains ownership and control of the land, but the easement prohibits non-agricultural development. The easement is binding on subsequent landowners.

DATCP may pay up to 50% of the easement value (the difference between the land’s development value and agricultural use value). The cooperating entity must pay the rest of the easement cost (but may seek funding from other sources). The affected land must be located within an FP area designated in the county FP plan (see above).

Administering the Program

The ARM Division does all of the following, in consultation with the Office of Legal Counsel:

• Reviews county FP plans, and recommends certification by the DATCP Secretary.
• Reviews county, town and municipal FP zoning ordinances, and recommends certification by the DATCP Secretary.
• Enters into voluntary FP agreements with farmers in “agricultural enterprise areas.”
• Works with cooperating entities to purchase agricultural conservation easements from willing farmers.
• Coordinates FP conservation compliance with county land conservation officials.
• Works with counties, local governments, the Department of Revenue, landowners and others to implement the FP program. The division provides information, interpretations, model ordinances, standard documents and technical assistance on a wide range of issues.

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Drainage Districts

Drainage districts are special purpose districts, like school or sewer districts, formed for the purpose of draining land. There are about 195 drainage districts that control the flow of water in large areas of the state (mainly in central and eastern Wisconsin). These districts affect agriculture, land use, land values and development. They also affect wetlands, flood control, water quality, and wildlife habitat.

Drainage districts affect private property rights, as well as shared public resources. Districts cross individual property lines, and have the power to assess landowners for the cost of constructing and maintaining drainage ditches. Drainage districts often play a key role in resolving conflicts over the use of land and water.

Landowners may petition a circuit court to create a drainage district. A county drainage board operates all of the drainage districts that the courts have created in that county. DATCP provides statewide supervision to ensure that county drainage boards operate the districts according to state law. DATCP rules address:

• Drainage board authority and responsibilities.
• Landowner rights and responsibilities.
• Establishing district drains and corridors.
• Assessing costs to landowners.
• Constructing, inspecting and maintaining district drains and corridors.
• Resolving drainage conflicts.
• Keeping adequate drainage district records.

The ARM Division:

• Reviews drainage district specifications, and keeps legal and engineering records related to drainage districts.
• Reviews drainage operations for compliance with state law.
• Provides engineering and technical assistance to drainage boards.
• Reviews and approves major construction in drainage districts.
• Helps resolve drainage conflicts.
• Enforces state laws related to drainage districts, as necessary.

Plant Protection

The ARM Division works to control serious plant pests, diseases and exotic species that threaten Wisconsin’s crops, forests and plant communities. This includes serious plant pests and diseases such as Emerald Ash Borer, Gypsy Moth and Potato Late Blight. The division also works to control honeybee diseases and pests.

Plant Pest Surveys

The ARM Division conducts field surveys to monitor:

• Plant disease and pest outbreaks.
• Pest population levels and trends.
• New diseases and exotic pests, such as Emerald Ash Borer.

Pest Information

The ARM Division:

• Compiles and analyzes pest data, including data from the cooperative national pest data bank.
• Publishes pest survey data, population forecasts, and related information. This information promotes sound pest management decisions that benefit producers and the environment.
• Provides pest control information in cooperation with the University of Wisconsin-Extension and others.

Pest Outbreaks

The ARM Division:

• Investigates infestations and outbreaks of serious pests such as Emerald Ash Borer, Gypsy Moth and Potato Late Blight.
• Uses quarantine and treatment programs, as necessary, to control major pests.
• Coordinates action with the U.S. Department of Agriculture, the Department of Natural Resources, the University of Wisconsin, local governments, affected industries and others.

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Pest Movement

The ARM Division:

• Enforces import controls to help keep destructive pests out of Wisconsin.
• Restricts movement of host materials within the state, as appropriate.
• Enforces bans against the intentional import or release of destructive pests. The ARM division may approve controlled imports for research and other purposes.

Export Certification

The ARM Division inspects bee colonies, nursery stock and agricultural crops, upon request, to certify that they are free of diseases and destructive pests. Certification facilitates the interstate and international movement of Wisconsin agricultural commodities. The ARM Division charges a fee to cover its costs.

Biotechnology

The ARM Division may review proposed releases of genetically engineered organisms to identify potential environmental hazards (see Wisconsin Statutes s. 146.60). If the organism is a pesticide or potential pest, a permit is required. The ARM Division coordinates its review with the appropriate federal agencies.

Agricultural Seed

The ARM Division regulates sales of agricultural and vegetable seed to ensure that seed is viable, accurately labeled, and reasonably free of harmful weed seeds. The division licenses seed labelers, and inspects for compliance with seed labeling, viability and purity standards.

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Nursery Growers and Dealers

The ARM Division licenses nursery growers and dealers. The division inspects nursery stock to protect consumers and control serious plant pests.

Cultivated Ginseng

The ARM Division registers growers and dealers of cultivated ginseng, and certifies cultivated ginseng for export. International treaties require tracking and certification to prevent illegal exports of wild ginseng, an endangered species.

Inspection and Enforcement

The ARM Division may:

• Inspect plants, honeybee colonies, agricultural seed and other commodities.
• Collect and analyze samples.
• Deny licenses or permits, or issue them on a conditional basis.
• Petition the DATCP Secretary to suspend, revoke or impose conditions on licenses or permits.
• Issue quarantine orders, abatement orders and holding orders.
• Carry out pest control programs.
• Prosecute violations in court (in cooperation with county district attorneys or the Department of Justice). The division may seek criminal penalties, civil forfeitures or injunctions against law violators.
• Issue warning notices for less serious violations.

Agricultural and Environmental Impact Assessments

The ARM Division:

• Prepares agricultural impact statements for projects such as highways, landfills, transmission lines and pipelines that involve involuntary takings of land. The division evaluates potential harm to agriculture, and recommends ways to minimize harm.
• Prepares environmental assessments on DATCP actions that may have a significant effect on the environment. The division prepares full-scale environmental impact statements on actions that have major environmental effects.

Weather Modification Controls

The ARM Division is authorized to regulate weather modification activities. A person engaged in weather modification activities must obtain a license from the division. The person must also obtain a permit for each weather modification operation. The division has never issued a license or permit, and devotes no resources to this program.

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