Dec 8, 2025Bill beefs up certified seed potato regulation in Wisconsin
Legislation that would increase penalties for not using certified seed potatoes has been signed into law in Wisconsin.
Senate Bill 164 (.pdf), now ow known as Wisconsin Act 66, increases existing penalties from $150 to $5,000 per acre and give the state Department of Agriculture, Trade, and Consumer Protection additional authority, including requiring potatoes grown in violation of the law to be destroyed within 72 hours.
Tamas Houlihan, executive director of the Wisconsin Potato and Vegetable Growers Association, told Brownfield Ag News that while Wisconsin’s certified seed potato program is good, the beefed-up law is needed to help limit the spread of insects and diseases so commercial growers can reach production goals.
“It’s a little unusual to have an industry come to the legislature and say ‘Hey, we want to be regulated more heavily than we currently are,’” Houlihan said. “That’s rare, and so we did get some questions from some legislators like, ‘Do you really want to do this?’ and we said ‘Yes.’”
The bill allows the state ag department to grant waivers within geographical boundaries for using uncertified seed.
Gov. Tony Evers signed the bill on Dec. 9.
“For many years, Wisconsin has been a national leader in growing potatoes. In fact, we are presently the third-biggest potato producer in the country and the largest east of the Mississippi River,” Patrick Testin, one of the state senators who introduced the bill, said in a statement following its passage. “That distinction can be partly attributed to our hard-working farmers and our existing state statutes that require the use of clean, pathogen-free seed potatoes that are certified by the Wisconsin Seed Potato Certification Program.
“However, there have been instances in recent years where some bad actors have planted seed potatoes in violation of those laws and put our entire crop at risk. One of the problems the Wisconsin Department of Agriculture, Trade and Consumer Protection has faced is the penalties and enforcement mechanisms available under current state statutes have not been effective in deterring these illegal practices.
“Wisconsin Act 66 gives DATCP more authority to prevent future illicit actions that could potentially harm our state’s potato industry, which has been a significant economic driver for Central Wisconsin. All told, the potato sector has an annual economic impact of more than $522 million in Wisconsin and supports over 3,000 local jobs.”
Editor’s note: Story has been updated with bill’s passage and comment from state senator Patrick Testin.
