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2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.17 - Grain dealers; records.

126.17
Grain dealers; records.
(1)
Records and accounts; general. A grain dealer shall keep records and accounts of all grain procured and all grain sold or marketed by the grain dealer. A grain dealer shall keep records that are complete, accurate, current, well-organized, and accessible, so that the grain dealer and the department can readily determine all of the following:
(a)
The kinds and amounts of grain procured, the procurement dates, the procurement terms, and the persons from whom the grain dealer procured the grain.
(b)
The kinds and amounts of grain sold or marketed, the sale or marketing dates, the sale or marketing terms, and the persons to whom the grain dealer sold or marketed the grain.
(c)
The kinds and amounts of grain, received from others, that the grain dealer has used for feed, seed, milling, manufacturing, processing, or other purposes.
(d)
The kinds and amounts of grain, received from others, that the grain dealer has on hand, including the kinds and amounts of grain owned by the grain dealer, and the kinds and amounts of grain held for others.
(e)
The nature and amount of the grain dealer's obligations to grain producers and producer agents, including obligations under deferred payment contracts. The grain dealer shall keep a daily record of obligations under priced contracts and a separate daily record of obligations under deferred price contracts that have not yet been priced.
(f)
The nature and amount of the grain dealer's obligations to depositors, as defined in s. 126.25 (5), under agreements for the storage of grain, if any.
(g)
The grain dealer's accounts receivable from the sale or marketing of grain, including the names of the account debtors, the amount receivable from each account debtor, and the dates on which payment is due.
(2)
Records of grain procured. A grain dealer shall keep records all of the following related to each shipment of grain procured by the grain dealer:
(a)
The kind and weight of grain procured.
(b)
The grade and quality of the grain if determined.
(c)
The date on which the grain dealer procured the grain.
(d)
The name and address of the person from whom the grain dealer procured the grain.
(e)
Whether the grain dealer purchased the grain, holds it under an agreement for storage, or is marketing the grain as a producer agent.
(f)
The terms of purchase, storage, or marketing.
(g)
If the grain dealer procured the grain under a deferred payment contract, the terms of that contract.
(3)
Records retention; inspection.
(a)
A grain dealer shall keep copies of all records required under this section and s. 126.18 (2) for at least 6 years after the records are created.
(b)
A grain dealer shall make records required under this section available to the department for inspection and copying upon request.
History:  2001 a. 16; 2009 a. 296.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.18 - Grain dealers; receipts for grain.

126.18
Grain dealers; receipts for grain.
(1)
Requirement. Whenever a grain dealer receives grain from any person, the grain dealer shall immediately give that person a written receipt for the grain that includes all of the following:
(a)
The name of the grain dealer and a statement indicating whether the grain dealer is a corporation.
(b)
A permanent business address at which the holder of the receipt can readily contact the grain dealer.
(c)
A statement identifying the document as a receipt for grain.
(d)
The date on which the grain dealer received the grain.
(e)
The kind of grain received.
(f)
The net weight of grain received or, if the grain dealer receives the grain at the grain producer's farm, the approximate net weight of the grain.
(g)
The grade and quality of the grain, if determined.
(h)
A statement identifying the receipt as a purchase receipt, storage receipt, or receipt for grain marketed by the grain dealer as a producer agent.
(i)
The grain dealer's promise to pay the total amount due for grain, less any discounts that may apply, within 7 calendar days after the date of receipt of the grain. This requirement does not apply if any of the following applies:
1.
The grain dealer pays cash on delivery.
2.
The grain dealer receives the grain under a deferred payment contract that complies with s. 126.19.
3.
The receipt is clearly identified as a storage receipt.
(1m)
Effect of failure to identify receipt. A receipt not clearly identified under sub. (1) (h) is considered a purchase receipt except that, if the grain dealer also operates as a grain warehouse keeper, as defined in s. 126.25 (9), under the same name, a receipt not clearly identified is considered a storage receipt.
(2)
Grain dealer's copies. A grain dealer shall keep copies of all receipts issued under sub. (1).
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.20 - Grain dealers; business practices.

126.20
Grain dealers; business practices.
(1)
Grain weight, grade, and quality. A grain dealer shall do all of the following when determining the weight, grade, or quality of grain:
(a)
Accurately determine the weight, grade, or quality using accurate weighing, testing, or grading equipment.
(b)
Accurately record the determined weight, grade, or quality.
(2)
Timely payment to producers. A grain dealer shall pay for grain when payment is due. A grain dealer may not make payment by nonnegotiable check or note or by check drawn on an account containing insufficient funds.
(3)
Permanent business location. A grain dealer licensed under s. 126.11 shall do all of the following:
(a)
Maintain a permanent business address at which grain producers may readily contact the grain dealer during business hours.
(b)
On each day that the Chicago Board of Trade is open for trading, keep business hours that start no later than 9 a.m. and end no earlier than 2:30 p.m.
(c)
Prominently post the grain dealer's business hours at each of the grain dealer's business locations in this state.
(4)
Prohibited practices. No grain dealer, or officer, employee, or agent of a grain dealer, may do any of the following:
(a)
Misrepresent the weight, grade, or quality of producer grain received from or delivered to any person.
(b)
Falsify any record or account, or conspire with any other person to falsify a record or account.
(c)
Make any false or misleading representation to the department.
(d)
If the grain dealer is licensed under s. 126.11, engage in any activity that is inconsistent with a representation made in the grain dealer's annual license application.
(e)
Make any false or misleading representation to a grain producer or producer agent related to any matters regulated under this chapter.
(f)
Fail to file the full amount of security required under s. 126.16 (7) by the date that the department specifies.
(g)
Assault, threaten, intimidate, or otherwise interfere with an officer, employee, or agent of the department in the performance of his or her duties.
History:  2001 a. 16; 2009 a. 296.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.21 - Grain producer obligations.

126.21
Grain producer obligations.
(1)
Delivery per contract. No grain producer or producer agent who contracts to sell and deliver grain to a grain dealer at an agreed price may wrongfully refuse to deliver that grain according to the contract.
(2)
Disclosure of liens and security interests. A grain dealer procuring grain from a grain producer or producer agent may require the grain producer or producer agent to disclose any liens or security interests that apply to the grain. The grain dealer may require the disclosure in writing. The grain dealer may require the grain producer or producer agent to specify the nature and amount of each lien or security interest and the identity of the person holding that lien or security interest. No grain producer may falsify or fraudulently withhold information required under this subsection in order to sell grain.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.25 - Definitions.

126.25
Definitions.
In this subchapter:
(1)
“Capacity" means the maximum amount of grain, measured in bushels, that can be stored in a grain warehouse. The capacity of a grain warehouse is determined by dividing the cubic volume of all bins, expressed in cubic feet, by 1.244 cubic feet per bushel, and applying a pack factor that the department specifies by rule.
(2)
“Contributing grain warehouse keeper" means a grain warehouse keeper who is licensed under s. 126.26, who either has paid one or more quarterly installments under s. 126.30 (6) or is required to contribute to the fund, but the first quarterly installment under s. 126.30 (6) is not yet due, and who is not disqualified under s. 126.29 (2).
(3)
“Current ratio" means the ratio of the value of current assets to the value of current liabilities, calculated according to s. 126.28 (6) (c) 1.
(4)
“Debt to equity ratio" means the ratio of the value of liabilities to equity, calculated according to s. 126.28 (6) (c) 2.
(5)
“Depositor" means any of the following:
(a)
A person who delivers grain to a grain warehouse keeper for storage, conditioning, shipping, or handling, without transferring ownership to the warehouse keeper.
(b)
A person who owns or legally holds a warehouse receipt or other document that is issued by a grain warehouse keeper and that entitles the person to receive stored grain.
(6)
“Disqualified grain warehouse keeper" means a grain warehouse keeper who is disqualified from the fund under s. 126.29 (2).
(8)
“Grain warehouse" means a facility in this state that is used to receive, store, or condition grain for others or that is used in the shipment of grain for others, except that “grain warehouse" does not include a transport vehicle.
(9)
“Grain warehouse keeper" means a person who operates one or more grain warehouses in this state to receive, store, condition, or ship grain for others, except that “grain warehouse keeper" does not include a person licensed under the United States Warehouse Act, 7 USC 241 to 271.
(9m)
“License year" means the period beginning on September 1 and ending on the following August 31.
(11)
“Warehouse receipt" means a receipt for grain, issued by a grain warehouse keeper, that is also a document of title under s. 401.201 (2) (i).
History:  2001 a. 16; 2009 a. 320.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.27 - Grain warehouse keepers; insurance.

126.27
Grain warehouse keepers; insurance.
(1)
Fire and extended coverage insurance. A grain warehouse keeper licensed under s. 126.26 (1) shall maintain fire and extended coverage insurance, issued by an insurance company authorized to do business in this state, that covers all grain in the custody of the grain warehouse keeper, whether owned by the grain warehouse keeper or held for others, at the full local market value of the grain.
(2)
Insurance cancellation; replacement.
(a)
No person may cancel an insurance policy required under sub. (1) unless that person serves a written notice of the intended cancellation on the department at least 30 days before the cancellation takes effect.
(b)
Whenever an insurance policy under sub. (1) is canceled, the grain warehouse keeper shall replace the policy so that there is no lapse in coverage. Within 20 days after a cancellation notice under par. (a) is served on the department, and at least 10 days before the cancellation takes effect, the grain warehouse keeper shall provide the department with proof of the replacement policy. The department may accept, as proof, a certification provided by an insurance company licensed to do business in this state.
(3)
Insurance deductibles. An insurance policy does not comply with sub. (1) if it contains any deductible clause that limits the insurer's obligation to pay to each depositor the full value of the depositor's covered losses under the policy. The grain warehouse keeper may agree to indemnify the insurer for a portion of each depositor claim that the insurer pays under the policy if the agreement does not limit the insurer's obligation to pay each depositor the full amount of the depositor's covered losses.
(4)
Insurance disclosures. A grain warehouse keeper licensed under s. 126.26 (1) shall disclose all of the following to a depositor if the depositor requests that information:
(a)
The material terms of the grain warehouse keeper's fire and extended coverage insurance policy under sub. (1).
(b)
Whether the grain warehouse keeper has liability insurance covering the grain warehouse keeper's grain operations, and the material terms of that liability insurance policy.
(5)
Insurance coverage; misrepresentation. No grain warehouse keeper may misrepresent any of the following to the department or a depositor:
(a)
That the grain warehouse keeper is insured.
(b)
The nature, coverage, or material terms of the grain warehouse keeper's insurance policy.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.29 - Contributing grain warehouse keepers; disqualification.

126.29
Contributing grain warehouse keepers; disqualification.
(1)
Contribution required. A grain warehouse keeper licensed under s. 126.26 (1) shall pay fund assessments under s. 126.30 unless the grain warehouse keeper is disqualified under sub. (2).
(2)
Disqualified warehouse keeper.
(a)
A grain warehouse keeper who is required to file security under s. 126.31 (1) (a) is disqualified from the fund until the department releases that security under s. 126.31 (8) (a).
(b)
A grain warehouse keeper is disqualified from the fund if the department denies, suspends, or revokes the grain warehouse keeper's license.
(3)
Payments by disqualified grain warehouse keeper.
(a)
The department may not return, to a disqualified grain warehouse keeper, any fund assessments that the warehouse keeper paid as a contributing grain warehouse keeper.
(b)
A disqualified grain warehouse keeper remains liable for any unpaid fund installment under s. 126.30 that became due while the grain warehouse keeper was a contributing grain warehouse keeper. A disqualified grain warehouse keeper is not liable for any fund installment that becomes due after the grain warehouse keeper is disqualified under sub. (2).
History:  2001 a. 16; 2003 a. 38.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.33 - Receipts for grain.

126.33
Receipts for grain.
(1)
Requirement. Immediately after a grain warehouse keeper receives grain from a depositor, the grain warehouse keeper shall give the depositor a warehouse receipt or other storage receipt that includes all of the following:
(a)
The name and permanent address of the grain warehouse keeper, the location of the grain warehouse, and a statement indicating whether the grain warehouse keeper is a corporation.
(b)
A statement identifying the document as a warehouse receipt or other storage receipt.
(c)
The date on which the grain warehouse keeper received the grain.
(d)
The kind of grain received.
(e)
The net weight of grain received.
(f)
The grade and quality of grain received, if determined.
(g)
The word “negotiable" or “nonnegotiable," conspicuously, if the document is issued as a warehouse receipt. If a grain warehouse keeper transfers depositor-owned grain to another warehouse keeper, the receiving grain warehouse keeper shall issue a receipt that conspicuously bears the word “nonnegotiable."
(h)
A statement indicating that the depositor must remove the grain from storage by a specified date that is not more than 3 years after the date of deposit. This requirement does not apply to any of the following:
1.
A warehouse receipt.
2.
A receipt for grain owned by the federal commodity credit corporation.
3.
A receipt for grain pledged as collateral for a loan from the federal department of agriculture.
(2)
Grain ownership. If a person delivers grain to a recipient who is both a grain warehouse keeper and a grain dealer, as defined in s. 126.10 (9), the delivery is considered a deposit for storage unless it is clearly documented as a delivery of purchased grain. A receipt issued by such a recipient is considered a storage receipt unless it is clearly designated as a receipt for the delivery of purchased grain.
(3)
Warehouse keeper's copy. A grain warehouse keeper shall keep a copy of every warehouse receipt and other document that the grain warehouse keeper issues under sub. (1). The grain warehouse keeper shall retain a copy of each document for at least 6 years after the grain warehouse keeper issues the document and shall make copies available to the department for inspection and copying upon request.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.34 - Grain warehouse keepers; business practices.

126.34
Grain warehouse keepers; business practices.
(1)
Grain weight, grade, and quality. A grain warehouse keeper shall do all of the following when determining the weight, grade, or quality of grain:
(a)
Accurately determine the weight, grade, or quality using accurate weighing, testing, or grading equipment.
(b)
Accurately record the determined weight, grade, or quality.
(2)
Care of grain; facilities. A grain warehouse keeper shall safeguard grain held for others and shall protect that grain from loss or abnormal deterioration. A grain warehouse keeper shall maintain adequate facilities and equipment for that purpose.
(3)
Sufficient inventory. A grain warehouse keeper shall at all times maintain grain inventories sufficient in quantity and quality to meet all outstanding obligations to depositors.
(4)
Returning grain to depositors.
(a)
Except as provided in par. (b), a grain warehouse keeper shall deliver to a depositor, upon demand, the same grade and amount of grain as was deposited.
(b)
If a grain warehouse keeper does not have enough grain of the appropriate grade to satisfy a depositor's demand under par. (a), the warehouse keeper may substitute any of the following with the agreement of the depositor:
1.
A monetary payment sufficient to provide the depositor with equivalent value, based on current local grain prices.
2.
A sufficient amount of a higher grade of grain to provide the depositor with equivalent value, based on current local grain prices.
(c)
A grain warehouse keeper may not provide grain or payments under par. (b) whose value exceeds the current value of the grain that was deposited.
(5)
Prohibited practices. No grain warehouse keeper, or officer, employee, or agent of a grain warehouse keeper, may do any of the following:
(a)
Misrepresent the weight, grade, or quality of depositor grain received from or delivered to any person.
(b)
Falsify any record or account, or conspire with any other person to falsify a record or account.
(c)
Make any false or misleading representation to the department.
(d)
If the grain warehouse keeper is licensed under s. 126.26 (1), engage in any activity that is inconsistent with representations made in the grain warehouse keeper's annual license application.
(e)
Make any false or misleading representation to a depositor related to matters regulated under this chapter.
(f)
Fail to file the full amount of security required under s. 126.31 (6) by the date that the department specifies.
(g)
Assault, threaten, intimidate, or otherwise interfere with an officer, employee, or agent of the department in the performance of his or her duties.
History:  2001 a. 16; 2009 a. 296.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.42 - Milk contractors; monthly license fee.

126.42
Milk contractors; monthly license fee.
(1)
Monthly license fee payment. Except as provided under sub. (5) or (6), a milk contractor licensed under s. 126.41 (1) shall pay to the department, by the 25th day of each month, a monthly license fee of 0.15 cent for each 100 pounds of producer milk that the milk contractor procured in this state during the preceding month. The milk contractor shall submit, with the fee payment, a report stating the number of pounds of producer milk that the milk contractor procured in this state during the preceding month.
(2)
Late payment surcharge. If a milk contractor fails to pay a monthly fee under sub. (1) when due, the milk contractor shall pay, in addition to that monthly fee, a surcharge equal to 20 percent of the monthly fee. The milk contractor shall pay the surcharge by the 25th day of the following month.
(3)
Fee credits. If the balance in the fund contributed by milk contractors exceeds $4,000,000 on February 28 of any license year, the department shall credit 50 percent of the excess amount against fees charged under sub. (1) to contributing milk contractors who file timely renewal applications for the next license year. The department shall credit each contributing milk contractor on a prorated basis, in proportion to the total fees that the milk contractor has paid under sub. (1) for the 4 preceding license years. Each month that a contributing contractor who qualifies for a credit under this subsection pays fees under sub. (1), the department shall credit to the contributing milk contractor one-twelfth of the total annual credit determined under this subsection.
(4)
Fee statement. Whenever the department issues an annual license to a milk contractor under s. 126.41 (1), the department shall give the milk contractor notice of the monthly fees required under this section. The department shall specify all of the following:
(a)
The method for computing the monthly fee.
(b)
The date by which the milk contractor must pay the fee each month.
(c)
The late payment surcharge that may apply under sub. (2).
(d)
The fee credit, if any, that applies under sub. (3).
(5)
Producer agents; exemption. A producer agent is not required to pay the monthly fee under sub. (1) for producer milk that the producer agent markets to a milk contractor who is licensed under s. 126.41 (1) and who pays the monthly fee on the same milk.
(6)
Fee changes. The department may modify the license fees under sub. (1) by rule.
History:  2001 a. 16; 2009 a. 296.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.43 - Milk contractors; insurance.

126.43
Milk contractors; insurance.
(1)
Fire and extended coverage insurance. A milk contractor licensed under s. 126.41 (1) shall maintain fire and extended coverage insurance that covers, at their full value, all milk and milk products in the possession, custody, or control of the milk contractor. If the milk contractor is required to be licensed under s. 126.41 (1) (a), the milk contractor shall maintain insurance issued by an insurance company authorized to do business in this state.
(2)
Insurance cancellation; replacement. Whenever an insurance policy under sub. (1) is canceled, the milk contractor shall replace the policy so that there is no lapse in coverage.
(3)
Insurance coverage; misrepresentation. No milk contractor may misrepresent any of the following to the department or to any milk producer or producer agent:
(a)
That the milk contractor is insured.
(b)
The nature, coverage, or material terms of the milk contractor's insurance policy.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.45 - Contributing milk contractors; disqualification.

126.45
Contributing milk contractors; disqualification.
(1)
Required contributors.
(a)
Except as provided in sub. (3), a licensed milk contractor shall pay fund assessments under s. 126.46 if the milk contractor does not file annual and quarterly financial statements under s. 126.44.
(b)
Except as provided in sub. (3), a licensed milk contractor shall pay fund assessments under s. 126.46 if the milk contractor files an annual, quarterly, or interim financial statement under s. 126.44 that shows a current ratio of less than 1.25 to 1.0, a debt to equity ratio of more than 2.0 to 1.0, or negative equity. The milk contractor shall continue to pay fund assessments until the milk contractor files 2 consecutive annual financial statements under s. 126.44 that show a current ratio of at least 1.25 to 1.0, positive equity, and a debt to equity ratio of not more than 2.0 to 1.0.
(2)
Voluntary contributors. Except as provided in sub. (3), a licensed milk contractor who is not required to pay fund assessments under s. 126.46 may elect to do so.
(3)
Disqualified contractors.
(a)
A milk contractor who is required to file security under s. 126.47 (1) (a) is disqualified from the fund until the department releases that security under s. 126.47 (7) (a).
(b)
A milk contractor is disqualified from the fund if the department does any of the following:
1.
Denies, suspends, or revokes the milk contractor's license.
2.
Issues an order under s. 126.85 disqualifying the milk contractor from the fund.
(4)
Effect of disqualification.
(a)
A milk contractor disqualified under sub. (3) (b) 2. may not engage in any activities for which a license is required under s. 126.41 (1) (a) if the milk contractor files an annual, quarterly, or interim financial statement under s. 126.44 that shows a current ratio of less than 1.25 to 1.0, a debt to equity ratio of more than 2.0 to 1.0, or negative equity.
(b)
The department may not return, to a disqualified milk contractor, any fund assessments that the milk contractor paid as a contributing milk contractor.
(c)
A disqualified milk contractor remains liable for any unpaid fund installment under s. 126.46 that became due while the milk contractor was a contributing milk contractor. A disqualified milk contractor is not liable for any fund installment that becomes due after the milk contractor is disqualified under sub. (3).
(5)
Notice to producers. A milk contractor who is disqualified under sub. (3) shall immediately give written notice of the disqualification to all milk producers and producer agents to whom the milk contractor has unpaid milk payment obligations. The department may by rule or order specify the form and content of the notice.
History:  2001 a. 16; 2003 a. 38; 2009 a. 296.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.46 - Contributing milk contractors; fund assessments.

126.46
Contributing milk contractors; fund assessments.
(1)
General. A contributing milk contractor shall pay an annual fund assessment for each license year, including an assessment for deferred payment contracts entered into under s. 126.485, in the amount specified by the department by rule.
(5m)
Reduced assessment for certain milk contractors filing security. If a contributing milk contractor files security under s. 126.47 (1) (b), the contributing milk contractor's fund assessment is the amount specified under sub. (1) reduced by an amount determined as follows:
(a)
Divide the amount of security that the milk contractor is required to file under s. 126.47 (3) (b) by the amount of the milk contractor's estimated default exposure.
(b)
Multiply the amount specified under sub. (1) by the amount determined under par. (a).
(6)
Quarterly installments.
(a)
A contributing milk contractor shall pay the milk contractor's annual fund assessment in equal quarterly installments that are due as follows:
1.
The first installment is due on June 1 of the license year.
2.
The 2nd installment is due on September 1 of the license year.
3.
The 3rd installment is due on December 1 of the license year.
4.
The 4th installment is due on March 1 of the license year.
(b)
A contributing milk contractor may prepay any of the quarterly installments under par. (a).
(c)
A contributing milk contractor who applies for an annual license after the beginning of a license year shall pay the full annual fund assessment required under this section. The milk contractor shall pay, with the first quarterly installment that becomes due after the day on which the department issues the license, all of the quarterly installments for that license year that were due before that day.
(d)
If s. 126.45 (1) (b) requires a licensed milk contractor to become a contributing milk contractor during the license year, the milk contractor shall pay only those quarterly installments that become due after the requirement takes effect.
(e)
A contributing milk contractor who fails to pay the full amount of any quarterly installment when due shall pay, in addition to that installment, a late payment penalty of $50 or 10 percent of the overdue installment amount, whichever is greater.
(7)
Notice of annual assessment and quarterly installments. When the department issues an annual license to a contributing milk contractor, the department shall notify the milk contractor of all of the following:
(a)
The amount of the milk contractor's annual fund assessment under this section.
(b)
The amount of each required quarterly installment under sub. (6) and the date by which the milk contractor must pay each installment.
(c)
The penalty that applies under sub. (6) (e) if the milk contractor fails to pay any quarterly installment when due.
History:  2001 a. 16; 2003 a. 38; 2009 a. 296; 2017 a. 155.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.48 - Milk contractors; payments to producers.

126.48
Milk contractors; payments to producers.
(1)
First monthly payment. Except as provided under the terms of a deferred payment contract that satisfies the requirements under s. 126.485, by the 4th day of each month, a milk contractor shall pay for producer milk received during the first 15 days of the preceding month. The milk contractor shall base the payment on an estimated price that is at least 80 percent of the class III price published by the regional federal milk market administrator for the month preceding the month in which the milk is received, or 80 percent of the contract price, whichever is greater.
(2)
Second monthly payment. Except as provided under the terms of a deferred payment contract that satisfies the requirements under s. 126.485, by the 19th day of each month, a milk contractor shall pay the balance due for producer milk received during the preceding month.
History:  2001 a. 16; 2017 a. 155.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.485 - Milk contractors; deferred payment contracts.

126.485
Milk contractors; deferred payment contracts.
(1)
Contract in writing. A milk contractor may not procure milk from any milk producer or producer agent under a deferred payment contract before the contract is reduced to writing and signed by the parties. The milk contractor shall provide a copy of the signed contract to the other party.
(2)
Contents of contract. A milk contractor may not enter into a deferred payment contract unless the deferred payment contract includes all of the following:
(a)
A unique contract identification number.
(b)
The specific payments required under s. 126.48 (1) or (2), or portion thereof, that are deferred under the contract.
(c)
The date by which the milk contractor agrees to make full payment for the milk.
(d)
The milk contractor's permanent business location.
(e)
A statement in clear and conspicuous print immediately above the contract signature line stating: “The milk contractor (buyer) becomes the owner of any milk that the producer or producer agent (seller) delivers to the milk contractor under this contract. The producer or producer agent relinquishes ownership and control of the milk, and may become an unsecured creditor pending payment.”
(f)
A statement that the milk contractor deducts the deferred payment contract assessment established by the department by rule under s. 126.46 (1) from the amount paid to a milk producer or producer agent under a deferred payment contract.
(g)
Other information required under this section by the department.
(3)
Rule making. The department may promulgate rules to modify the requirements for the contents of deferred payment contracts under sub. (2).
(4)
Payment due dates.
(a)
The due date by which a milk contractor agrees to make full payment for milk under a deferred payment contract may not be more than 120 days after the date on which the milk contractor's payments would have been due under s. 126.48 (2).
(b)
A milk contractor shall make full payment under a deferred payment contract by the due date specified in the contract under sub. (2) (c), or if the parties agree by another date that satisfies par. (a).
(5)
Deferred payment contract assessment. From the amount that a milk contractor pays to a milk producer or producer agent under a deferred payment contract, the milk contractor shall deduct a deferred payment contract assessment. The assessment shall equal the total amount owed under the contract before the assessment is deducted, multiplied by the deferred payment assessment rate that applies under s. 126.46 (1) when the contract is made. The milk contractor shall disclose the assessment amount.
History:  2017 a. 155.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.487 - Payment explanation.

126.487
Payment explanation.
The department may, by rule, require a milk contractor to provide a milk producer or producer agent with a written explanation of each payment under s. 126.48 or of each deferred payment under s. 126.485. The department may specify the content of the explanation, including information related to any of the following:
(1)
Milk contractor identification.
(2)
Milk producer or producer agent identification.
(3)
Pay period.
(4)
Volume of milk received.
(5)
Grade of milk.
(6)
Milk test results.
(7)
Milk price and adjustments.
(8)
Gross amount due.
(9)
Average gross pay per hundredweight less hauling charges.
(10)
Net amount due.
(11)
Deductions and assignments.
History:  2017 a. 155, s. 65; 2017 Stats. s. 126.487.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.49 - Milk contractors; records and reports.

126.49
Milk contractors; records and reports.
(1)
Required records. A milk contractor shall keep accurate records and accounts of milk receipts, payments for milk received, and amounts owed to milk producers. The department may, by rule, specify records that a milk contractor must keep.
(2)
Required reports. The department may, by rule, require a milk contractor to file with the department periodic reports of information needed for the administration of this chapter.
(3)
Records retention; inspection. A milk contractor shall retain records required under sub. (1) for at least 6 years after the records are created. A milk contractor shall make the records available to the department for inspection and copying upon request.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.50 - Milk contractors; prohibited practices.

126.50
Milk contractors; prohibited practices.
No milk contractor, or officer, employee, or agent of a milk contractor, may do any of the following:
(1)
Falsify any record or account, or conspire with any other person to falsify a record or account.
(2)
Make any false or misleading representation to the department.
(3)
If the milk contractor is licensed under s. 126.41 (1), engage in any activity that is inconsistent with representations made in the milk contractor's annual license application.
(4)
Make any false or misleading representation to a milk producer or producer agent related to matters regulated under this chapter.
(5)
Fail to file the full amount of security required under s. 126.47 (6) by the date that the department specifies.
(6)
Assault, threaten, intimidate, or otherwise interfere with an officer, employee, or agent of the department in the performance of his or her duties.
History:  2001 a. 16; 2009 a. 296.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.51 - Rules for qualified producer agents.

126.51
Rules for qualified producer agents.
The department shall promulgate rules specifying requirements for qualified producer agents, including a requirement that a qualified producer agent have a written contract with each milk producer from whom the qualified producer agent procures milk in this state and that the contract disclose all of the following:
(1)
That the producer agent does not take title to the milk producer's milk.
(2)
That the producer agent holds all milk receipts in trust for milk producers.
(3)
That the producer agent's obligations to milk producers are not secured or indemnified under this chapter to the same degree as are the obligations of other milk contractors.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.57 - Vegetable contractors; insurance.

126.57
Vegetable contractors; insurance.
(1)
Fire and extended coverage insurance.
(a)
Except as provided in par. (b), a vegetable contractor who is required to be licensed under s. 126.56 (1) shall maintain fire and extended coverage insurance, issued by an insurance company authorized to do business in this state, that covers all vegetables in the custody of the vegetable contractor, whether owned by the vegetable contractor or held for others, at the full local market value of the vegetables.
(b)
Paragraph (a) does not apply to a vegetable contractor if any of the following applies:
1.
The vegetable contractor pays cash on delivery under all vegetable procurement contracts.
2.
The vegetable contractor is a producer-owned cooperative or unincorporated cooperative association or organization that procures processing vegetables only from its producer owners.
3.
The vegetable contractor is a processing potato buyer who has elected not to participate in the fund in accordance with s. 126.595 (1).
(2)
Insurance cancellation; replacement. Whenever an insurance policy under sub. (1) is canceled, the vegetable contractor shall replace the policy so that there is no lapse in coverage.
(3)
Insurance coverage; misrepresentation. No vegetable contractor may misrepresent any of the following to the department or to any vegetable producer or producer agent:
(a)
That the vegetable contractor is insured.
(b)
The nature, coverage, or material terms of the vegetable contractor's insurance policy.
History:  2001 a. 16; 2005 a. 80, 441.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.59 - Contributing vegetable contractors; disqualification.

126.59
Contributing vegetable contractors; disqualification.
(1)
Contribution required. A vegetable contractor licensed under s. 126.56 (1) shall pay fund assessments under s. 126.60 unless one of the following applies:
(a)
The vegetable contractor is disqualified under sub. (2).
(b)
The vegetable contractor pays cash on delivery under all vegetable procurement contracts.
(c)
The vegetable contractor is a producer-owned cooperative or unincorporated cooperative association that procures processing vegetables only from its producer owners.
(d)
The vegetable contractor is a processing potato buyer who has elected not to participate in the fund in accordance with s. 126.595 (1).
(1m)
Voluntary contribution. A vegetable contractor who is exempt under sub. (1) (b) or (c) may volunteer to pay fund assessments under s. 126.60.
(2)
Disqualified contractor.
(a)
A vegetable contractor who is required to file security under s. 126.61 (1) (a) is disqualified from the fund until the department determines that one of the conditions in s. 126.61 (7) (a) 1. or 2. is satisfied.
(b)
A vegetable contractor is disqualified from the fund if the department denies, suspends, or revokes the vegetable contractor's license.
(c)
A vegetable contractor is disqualified from the fund, and required to pay cash on delivery under vegetable procurement contracts, if the department issues an order under s. 126.85 disqualifying the vegetable contractor from the fund.
(3)
Payments by disqualified vegetable contractor.
(a)
The department may not return, to a disqualified vegetable contractor, any fund assessments that the vegetable contractor paid as a contributing vegetable contractor.
(b)
A disqualified vegetable contractor remains liable for any unpaid fund installment under s. 126.60 that became due while the vegetable contractor was a contributing vegetable contractor. A disqualified vegetable contractor is not liable for any fund installment that becomes due after the vegetable contractor is disqualified under sub. (2).
(4)
Notice to producers. A vegetable contractor who is disqualified under sub. (2) (b) or (c) shall immediately give written notice of the disqualification to all vegetable producers and producer agents to whom the vegetable contractor has unpaid obligations under vegetable procurement contracts. The department may by rule or order specify the required form and content of the notice.
History:  2001 a. 16; 2003 a. 38; 2005 a. 80, 441; 2009 a. 296.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.62 - Vegetable contractors; records.

126.62
Vegetable contractors; records.
(1)
Records required. A vegetable contractor shall keep all of the following:
(a)
Copies of all written vegetable procurement contracts.
(b)
A current record of all vegetable contract obligations, payments, and unpaid balances.
(2)
Records retention. A vegetable contractor shall keep all records required under sub. (1) for at least 6 years from the date of their creation.
(3)
Records inspection. A vegetable contractor shall make records required under this section available to the department for inspection and copying upon request.
History:  2001 a. 16; 2003 a. 321; 2009 a. 296.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.64 - Vegetable contractors; prohibited practices.

126.64
Vegetable contractors; prohibited practices.
No vegetable contractor, or officer, employee, or agent of a vegetable contractor, may do any of the following:
(1)
Misrepresent the weight, grade, or quality of processing vegetables under a vegetable procurement contract.
(2)
Falsify any record or account, or conspire with any other person to falsify a record or account.
(3)
Make any false or misleading representation to the department.
(4)
If the vegetable contractor is licensed under s. 126.56, engage in any activity that is inconsistent with representations made in the vegetable contractor's annual license application.
(5)
Make any false or misleading representation to a vegetable producer or producer agent related to matters regulated under this chapter.
(6)
Fail to file the full amount of security required under s. 126.61 (6) by the date that the department specifies.
(7)
Assault, threaten, intimidate, or otherwise interfere with an officer, employee, or agent of the department in the performance of his or her duties.
History:  2001 a. 16; 2009 a. 296.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.68 - Definitions.

126.68
Definitions.
In this subchapter:
(1)
“Contributing contractor" means any of the following:
(a)
A contributing grain dealer, as defined in s. 126.10 (3).
(b)
A contributing grain warehouse keeper, as defined in s. 126.25 (2).
(c)
A contributing milk contractor, as defined in s. 126.40 (1).
(d)
A contributing vegetable contractor, as defined in s. 126.55 (4).
(2)
“Depositor" has the meaning given in s. 126.25 (5).
(3)
“Grain dealer" has the meaning given in s. 126.10 (9).
(4)
“Grain producer" has the meaning given in s. 126.10 (10).
(5)
“Grain warehouse keeper" has the meaning given in s. 126.25 (9).
(6)
“Milk contractor" has the meaning given in s. 126.40 (8).
(7)
“Milk producer" has the meaning given in s. 126.40 (10).
(8)
“Producer grain" has the meaning given in s. 126.10 (14).
(9)
“Producer milk" has the meaning given s. 126.40 (14).
(10)
“Vegetable contractor" has the meaning given in s. 126.55 (14).
(11)
“Vegetable procurement contract" has the meaning given in s. 126.55 (15).
(12)
“Vegetable producer" has the meaning given in s. 126.55 (16).
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.72 - Claims against contributing contractor; payment sources.

126.72
Claims against contributing contractor; payment sources.
(1)
Producer security fund. From the appropriation under s. 20.115 (1) (w), the department shall make payments authorized under s. 126.71 (1), up to the deductible amount in sub. (3).
(2)
Proceeds of contingent financial backing. The department, at the direction of the secretary of agriculture, trade and consumer protection, shall draw on the contingent financial backing acquired under s. 126.06 to make payments authorized under s. 126.71 (1), to the extent that those payments exceed the deductible amount in sub. (3). If the contingent financial backing is in the form of a trade credit insurance policy that appears to cover the authorized payments, the department shall file a claim against the policy.
(3)
Deductible amount. The deductible amount, for purposes of subs. (1) and (2), is 60 percent of the cash balance in the agricultural producer security fund on the last day of the month preceding the month in which the default occurs.
History:  2001 a. 16; 2003 a. 38; 2009 a. 296.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.73 - Reimbursing payments.

126.73
Reimbursing payments.
(1)
Generally. Except as provided in sub. (2) or (3), the department may demand and collect from a contractor any claim amounts that the department pays under s. 126.72 (1) or under s. 126.72 (2) with the proceeds of contingent financial backing under s. 126.06 (1) because of the contractor's default.
(2)
Bond payments. A bond surety may demand and collect, from a contractor, any claim amounts that the bond surety pays to the department under s. 126.72 (2) because of the contractor's default. The bond surety shall provide the department with a copy of each demand under this subsection.
(3)
Trade credit insurance payments. If the department files a claim against a trade credit insurance policy under s. 126.72 (2) and obtains and uses proceeds from the insurance policy to make payments authorized under s. 126.72 (2), the trade credit insurer may demand and collect the amount of those payments from the defaulting contractor.
(4)
Subrogation. The department is subrogated to the rights of a claimant who obtains a payment under s. 126.72 (1) or (2) in an amount equal to the payment, against the defaulting contractor and against any party that would otherwise be liable to the claimant for the amount of the default.
History:  2001 a. 16; 2003 a. 38; 2009 a. 296; 2017 a. 155.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.78 - Definitions.

126.78
Definitions.
In this subchapter:
(1)
“Contributing contractor" has the meaning given in s. 126.68 (1).
(2)
“Depositor" has the meaning given in s. 126.25 (5).
(3)
“Grain dealer" has the meaning given in s. 126.10 (9).
(4)
“Grain warehouse keeper" has the meaning given in s. 126.25 (9).
(5)
“Milk contractor" has the meaning given in s. 126.40 (8).
(6)
“Producer agent" means a person who is a producer agent, as defined in s. 126.10 (13), 126.40 (13), or 126.55 (12).
(7)
“Vegetable contractor" has the meaning given in s. 126.55 (14).
(8)
“Vegetable producer" has the meaning given in s. 126.55 (16).
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 126 - Agricultural producer security. › 126.81 - Rule-making.

126.81
Rule-making.
(1)
The department may promulgate rules to do any of the following:
(a)
Interpret and implement this chapter.
(b)
Modify the license fees and surcharges under s. 126.41 (3).
(c)
Specify additional circumstances for denying claims under s. 126.70 (4) (k).
(d)
Require a contractor to notify producers and producer agents of the contractor's license, security, or fund contribution status under this chapter.
(2m)
The department shall promulgate rules to do all of the following:
(a)
Specify license fees and surcharges under ss. 126.11 (4), 126.26 (3), and 126.56 (4).
(b)
Specify fund assessments under s. 126.46 (1).
History:  2001 a. 16; 2009 a. 296; 2011 a. 260 s. 80.