Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 40 - Fertilizer And Related Products
Subchapter VI - Enforcement and Appeals
Section ATCP 40.60 - Court enforcement
Current through August 26, 2024
The department may seek court action to enforce this chapter, including any of the following actions that may be appropriate:
(1) FERTILIZER SEIZURE. The department, or a district attorney at the request of the department, may ask a court to seize and dispose of a fertilizer as provided in s. 94.64(11) (c), Stats.
(2) INJUNCTION AND RESTITUTION. The department, or a district attorney at the request of the department, may ask a court to issue a temporary or permanent injunction under s. 94.64(11) (d) or 94.65(10) (d), Stats., to restrain a violation of this chapter. The department may also ask a court to order restitution.
(3) CIVIL FORFEITURE. The department may ask a district attorney to seek a court-ordered civil forfeiture under s. 94.64(12) (a) or 94.65(11) (a), Stats.
(4) CRIMINAL PROSECUTION. The department may ask a district attorney to initiate a criminal prosecution under s. 94.64(12) (a) or 94.65(11) (b), Stats.
A buyer injured by a violation of this chapter may sue the violator for any contract remedies that may apply. If the violation pertains to a soil or plant additive, the person may also sue for double damages, costs and reasonable attorney fees under s. 94.65(12), Stats.
