Section 94.36 - Certified seed potatoes(1) PROHIBITION; WAIVER. (a) Except as provided in par. (b), no person may plant 5 or more acres of potatoes in this state in a calendar year unless all of the seed potatoes that will be used for planting in this state by the person are certified under ch. ATCP 156, Wis. Adm. Code.(b) The department, upon the request of one or more growers, may waive the prohibition under par. (a) for seed potatoes of a specific variety or genotype for a growing season if there are not enough certified seed potatoes of that variety or genotype reasonably available to growers during that calendar year and the department determines that the seed potatoes of that variety or genotype that will be used for planting do not pose a serious disease threat.(2) RECORDS. (a) A person who plants 5 or more acres of potatoes in this state in a calendar year shall retain all of the following records, for each field planted, for a period of 3 years after planting: 1. The name and location of the person from whom the seed potatoes were purchased.2. A copy of the sales contract and invoice for the seed potatoes.3. The certification tag for the seed potatoes.(b) Records required to be retained under par. (a) are open to inspection by the department during normal business hours. A person required to retain records under par. (a) shall provide a copy of those records to the department upon request.(3) PENALTIES. (a) Any person who plants potatoes in violation of sub. (1) in a calendar year shall forfeit not more than $150, plus not more than $150 for each full acre planted in violation of sub. (1).(b) Any person who fails to retain, allow inspection of, or provide copies of records in violation of sub. (2) shall forfeit not more than $200.Added by Acts 2017 ch, 46,s 1, eff. 1/1/2018.