Wisconsin State Statute § 94.36 requires all growers in Wisconsin who plants five or more acres of potatoes in a calendar year to plant seed potatoes certified by the College of Agricultural and Life Sciences at the University of Wisconsin-Madison, or by an equivalent program in another state.
Growers shall keep the following records for three years after planting:
- A record of the name and location of the seed potato seller
- A copy of the seed potato sales contract and invoice
- The certification tag for each field
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) has the authority to enforce certified seed potato planting requirements.
DATCP, upon the request of one or more growers, may grant waivers to plant uncertified seed potatoes if there are not enough certified seed potatoes available of a specific variety or genotype and if the department determines they do not pose a serious disease threat.
Additional penalties and conditions for growing uncertified seed potatoes were enacted with the passage of 2025 Wisconsin Act 66 on December 9, 2025.
DATCP may now include, as a condition of a waiver, restrictions as to geographic boundaries or geographic limitations where a person may plant uncertified seed potatoes. The statute also gives DATCP the authority to order a person growing uncertified potatoes in violation of the law to remove and destroy any seed potatoes and other potatoes involved in the violation. Destruction must take place within 72 hours of receiving the order, unless DATCP grants an extension.
If a person does not remove and destroy the seed potatoes or potatoes as ordered, the statute gives DATCP or a cooperating local unit of government the authority to remove and destroy the seed potatoes and other potatoes as ordered. The cost of this action may be assessed, collected, and enforced against the person that failed to comply as taxes paid to the local unit of government that incurred the expense, or paid into the general fund if destruction is conducted by DATCP.
Forfeitures may also be assessed to a person that plants uncertified seed potatoes or fails to retain, allow inspection of, or provide copies of records in violation of this law. Violators may be subject to a forfeiture up to $5,000, plus up to $5,000 for each full acre planted in violation.
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