reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 99 - Grain Dealers And Grain Warehouse Keepers › Subchapter II - Grain Dealers › Section ATCP 99.14 - Grain dealer; disclosure to producers

Current through June 24, 2024
(1) DISCLOSURE
				  REQUIRED. A grain dealer shall make a disclosure under sub. (2) to every grain
				  producer and producer agent from whom the grain dealer procures producer grain
				  in this state. The grain dealer shall make the disclosure, in the form
				  prescribed under sub. (2), in a written document given to the producer or
				  producer agent. The disclosure shall be clear and conspicuous, and shall be set
				  apart from every other writing. The grain dealer shall make the disclosure to a
				  producer or producer agent at all of the following times:
(a) The first time the grain dealer procures
				  producer grain from that producer or producer agent.
(b) The first time the grain dealer procures
				  producer grain from that producer or producer agent during each license
				  year.
(c) The first time the grain
				  dealer procures producer grain from that producer or producer agent following a
				  change in circumstances that requires a different disclosure statement under
				  sub. (2).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 99 - Grain Dealers And Grain Warehouse Keepers › Subchapter II - Grain Dealers › Section ATCP 99.16 - Grain dealers; receipts for grain

Current through June 24, 2024
A grain purchase receipt required under s.
					 126.18,
					 Stats., shall be one of the following:
(1) Legibly printed on a paper or other
				  tangible non-electronic medium that is delivered to the producer.
(2) Delivered to the producer in a legible
				  electronic form that the producer can readily retrieve, view, store, and print
				  on paper for future reference.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 99 - Grain Dealers And Grain Warehouse Keepers › Subchapter III - Grain Warehouse Keepers › Section ATCP 99.20 - General requirements

Current through June 24, 2024
A grain warehouse keeper shall comply with applicable
					 requirements in ch. 126, Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 99 - Grain Dealers And Grain Warehouse Keepers › Subchapter III - Grain Warehouse Keepers › Section ATCP 99.22 - Grain warehouse keeper licensing

Current through June 24, 2024
(1) GRAIN WAREHOUSE
				  CAPACITY.
(a) The capacity of a grain
				  warehouse, for purposes of ch. 126, Stats., is the sum of the capacities of the
				  grain bins comprising that grain warehouse. To calculate the capacity of each
				  grain bin, divide the number of cubic feet in that bin by 1.244 cubic feet per
				  bushel and then multiply the result by the appropriate pack factor under par.
				  (b). If not all walls of the grain bin are vertical, calculate the capacity of
				  each vertical foot of the bin and add those capacities to obtain the total
				  capacity of the bin.
(b) The pack
				  factor under par. (a) is shown in the following table, based on the shape of
				  the grain bin as viewed from above and the bushels per foot calculated
				  according to par. (c). If not all walls of the grain bin are vertical,
				  determine the pack factor for each vertical foot of the grain bin based on the
				  bushels per foot for that vertical foot and the horizontal cross-sectional
				  shape of the grain bin at that level.
Square or Rectangular Bin
Round or Oval Shaped Bin
Bushels per Foot
Pack Factor
Bushels per Foot
Pack Factor
0 to 24.0
1.020
0 to 15.0
1.040
24.0 to 34.0
1.025
15.0 to 30.0
1.042
34.0 to 41.0
1.030
30.0 to 45.0
1.045
41.0 to 45.0
1.035
45.0 to 75.0
1.048
45.0 to 48.0
1.040
75.0 to 103.5
1.050
48.0 to 50.0
1.042
103.5 to 123.5
1.052
50.0 to 55.0
1.045
123.5 to 157.5
1.055
55.0 to 62.0
1.048
157.5 to 189.0
1.058
62.0 to 67.0
1.050
189.0 to 211.5
1.060
67.0 to 73.0
1.052
211.5 to 228.0
1.062
73.0 to 83.0
1.055
228.0 to 252.5
1.065
83.0 to 94.0
1.058
252.5 to 278.5
1.068
94.0 to 105.0
1.060
278.5 to 289.0
1.070
105.0 to 120.0
1.062
289.0 to 317.0
1.072
120.0 to 139.0
1.065
317.0 to 351.5
1.075
139.0 to 157.0
1.068
351.5 to 382.0
1.078
157.0 to 289.0
1.070
382.0 to 410.5
1.080
289.0 to 317.0
1.072
410.5 to 453.5
1.082
317.0 to 351.5
1.075
453.5 to 505.5
1.085
351.5 to 382.0
1.078
505.5 to 547.5
1.088
382.0 to 410.5
1.080
547.5 to 587.5
1.090
410.5 to 453.5
1.082
587.5 to 638.5
1.092
453.5 to 505.5
1.085
638.5 to 700.0
1.095
505.5 to 547.5
1.088
700.0 to 751.5
1.098
547.5 to 587.5
1.090
751.5
1.100
587.5 to 638.5
1.092
638.5 to 700.0
1.095
700.0 to 751.5
1.098
751.5
1.100
(c) To calculate bushels per foot, for
				  purposes of par. (b), divide the number of square feet in the floor of the
				  grain bin by 1.244 cubic feet per bushel. If not all walls of the grain bin are
				  vertical, calculate bushels per foot for each vertical foot of the grain bin
				  based on the number of square feet in a horizontal cross-section of the grain
				  bin at that level.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 99 - Grain Dealers And Grain Warehouse Keepers › Subchapter III - Grain Warehouse Keepers › Section ATCP 99.23 - Grain warehouse keepers; license fees and surcharges

Current through June 24, 2024
A person applying for an annual grain warehouse keeper
					 license under s.
					 126.26,
					 Stats., shall pay the following license fees and surcharges, rather than the
					 license fees and surcharges provided in s.
					 126.26(3),
					 Stats.:
(1) A nonrefundable license
				  processing fee of $25 plus $25 for each grain warehouse identified under s.
				  126.26(2)
				  (d), Stats. If a grain warehouse keeper
				  operates 2 or more grain warehouses located within 0.5 mile of each other, the
				  grain warehouse keeper may treat those grain warehouses as a single grain
				  warehouse for purposes of this subsection and sub. (3).
(2) An inspection fee obtained by multiplying
				  the combined grain warehouse capacity reported under s.
				  126.26(2)
				  (e), Stats., by 0.25 cent per bushel,
				  rounding the product to the nearest $1,000, and then subtracting any credit
				  provided under s.
				  126.26(5),
				  Stats., except that the inspection fee may not be less than $1,000 or more than
				  $10,000.
(3) A supplementary
				  inspection fee of $275 for each grain warehouse, in excess of one grain
				  warehouse, that the applicant operates.
(4) A surcharge of $500 if, within 365 days
				  before submitting the license application, the applicant operated as a grain
				  warehouse keeper in violation of s.
				  126.26(1),
				  Stats. The applicant shall also pay any license fees, license surcharges and
				  fund assessments that are still due for the license year in which the applicant
				  violated s.
				  126.26(1),
				  Stats.
(5) A surcharge of $100 if,
				  within 365 days before submitting the license application, the applicant failed
				  to file an annual financial statement required under s.
				  126.28(1)
				  (b), Stats., by the applicable
				  deadline.
(6) A surcharge of $100
				  if the applicant was licensed as a grain warehouse keeper for the last
				  preceding license year but failed to file a license renewal application before
				  the annual license expiration date of August 31.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 99 - Grain Dealers And Grain Warehouse Keepers › Subchapter III - Grain Warehouse Keepers › Section ATCP 99.235 - Contributing grain warehouse keepers; fund assessments

Current through June 24, 2024
(1) GENERAL. Except
				  as provided in sub. (4), a contributing grain warehouse keeper shall pay an
				  annual fund assessment for each license year. The annual fund assessment shall
				  be calculated under this section, rather than under s.
				  126.30(1),
				  Stats. Except as provided in sub. (3) or (4), the annual fund assessment shall
				  be calculated according to sub. (2).
(2) ASSESSMENT AMOUNT.
(a) A contributing grain warehouse keeper who
				  operates grain warehouses with a combined capacity of less than 500,000 bushels
				  shall pay an annual fund assessment equal to the greater of the following
				  amounts:
1. $100.
2. If the fund balance attributable to grain
				  warehouse keepers is less than $1 million on May 31 of the last preceding
				  license year, then the sum of the amounts calculated under s.
				  126.30(1)
				  (a) and (b), Stats., multiplied by
				  1.5.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 99 - Grain Dealers And Grain Warehouse Keepers › Subchapter III - Grain Warehouse Keepers › Section ATCP 99.24 - Grain warehouse keeper; financial statement

Current through June 24, 2024
(1) GENERAL. A
				  grain warehouse keeper's financial statement, filed under s.
				  126.28,
				  Stats., shall comply with this section and s.
				  126.28,
				  Stats.
(2) LIABILITY DISCLOSURES. A
				  financial statement shall include a detailed description of all notes,
				  mortgages and other long-term liabilities not due or payable within one year.
				  The description shall be included in the financial statement notes, or as an
				  attachment to the financial statement. The description shall indicate the
				  nature of the liabilities, the due dates and the payment terms.
(3) LIABILITY CLASSIFICATION. A financial
				  statement shall classify, as current liabilities, notes payable that do not
				  have specific due dates.
(4) ASSET
				  DISCLOSURES.
(a) A financial statement shall
				  specifically identify and explain, in the financial statement notes or as an
				  attachment to the financial statement, the following assets:
1. Every non-trade note or account receivable
				  from an officer, director, employee, partner, or stockholder, or from a member
				  of the family of any of those individuals.
2. Every note or account receivable from a
				  parent organization, a subsidiary, or an affiliate, other than an
				  employee.
3. Every note or account
				  that has been receivable for more than one year, unless the grain warehouse
				  keeper has established an offsetting reserve for uncollectible notes and
				  accounts receivable.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 99 - Grain Dealers And Grain Warehouse Keepers › Subchapter III - Grain Warehouse Keepers › Section ATCP 99.25 - Fund assessment temporarily affected by merger or acquisition; partial refund

Current through June 24, 2024
(1)
				  PARTIAL REFUND OF ASSESSMENT. The department may refund part of an annual fund
				  assessment paid by a contributing grain warehouse keeper under s.
				  126.30,
				  Stats., if all of the following apply:
(a)
				  The grain warehouse keeper paid the full amount of the assessment, including
				  any late payment penalties that apply under s.
				  126.30(6)
				  (d), Stats.
(b) The grain warehouse keeper is the
				  surviving entity in a merger under s.
				  179.77,
				  180.1101,
				  183.1201 or
				  185.61,
				  Stats., or has acquired property pursuant to a sale of assets under s.
				  180.1202,
				  Stats.
(c) The assessment was based
				  on the grain warehouse keeper's financial statement for the fiscal year in
				  which the merger or acquisition under par. (b) took effect.
(d) The grain warehouse keeper's financial
				  statement, for the fiscal year in which the merger or acquisition under par.
				  (b) took effect, caused the sum of the grain warehouse keeper's current ratio
				  assessment rate under s.
				  126.30(2),
				  Stats., and debt to equity ratio assessment rate under s.
				  126.30(4),
				  Stats., to increase by at least 100% compared to the preceding license
				  year.
(e) The grain warehouse
				  keeper's annual financial statements, for the fiscal years immediately
				  preceding and immediately following the fiscal year in which the merger or
				  acquisition under par. (b) took effect, show positive equity, a current ratio
				  of at least 1.25 to 1.00 and a debt to equity ratio of no more than 3.0 to
				  1.0.
(f) In the license year
				  immediately following the license year for which the grain warehouse keeper
				  paid the assessment, the sum of the grain warehouse keeper's current ratio
				  assessment rate under s.
				  126.30(2),
				  Stats., and debt to equity assessment rate under s.
				  126.30(4),
				  Stats., declines by at least 50% compared to the license year for which the
				  grain warehouse keeper paid the assessment.
(g) The grain warehouse keeper requests the
				  refund in writing, by September 1 of the grain warehouse keeper's next license
				  year.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 99 - Grain Dealers And Grain Warehouse Keepers › Subchapter III - Grain Warehouse Keepers › Section ATCP 99.255 - Reduced fund assessment for contributing grain warehouse keepers who also maintain security

Current through June 24, 2024
(1) VOLUNTARY SECURITY. A licensed grain
				  warehouse keeper may at any time file security with the department, regardless
				  of whether the warehouse keeper is required to file security. Except as
				  provided in sub. (2), a voluntary security filing under this subsection does
				  not relieve a grain dealer of any obligation to file security or pay fund
				  assessments.
Note: A grain warehouse keeper who files voluntary security
					 under sub. (1) may be eligible for a reduction in fund assessments under sub.
					 (2), and may be able to make a more favorable disclosure to producers under s.
					 ATCP
					 99.26(2).
(2) REDUCED ASSESSMENT. If, for the duration
				  of a license year, a contributing grain warehouse keeper maintains security
				  under sub. (1) in an amount that is at least equal to the grain warehouse
				  keeper's estimated default exposure less the maximum fund reimbursement amount,
				  the grain warehouse keeper's annual fund assessment under s.
				  126.30,
				  Stats., for that year is reduced by an amount that is determined as follows:
(a) Subtract the maximum fund reimbursement
				  from the grain warehouse keeper's estimated default exposure.
(b) Divide the result in par. (a) by the
				  grain warehouse keeper's estimated default exposure.
(c) Multiply the result in par. (b) by the
				  amount of the grain warehouse keeper's annual fund assessment under s.
				  126.30(1),
				  Stats., disregarding any assessment reduction under s.
				  126.30(5m),
				  Stats.
(d) Subtract, from the
				  result in par. (c), the amount of any assessment reduction given under s.
				  126.30(5m),
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 99 - Grain Dealers And Grain Warehouse Keepers › Subchapter III - Grain Warehouse Keepers › Section ATCP 99.26 - Grain warehouse keeper; disclosure to depositors

Current through June 24, 2024
(1) DISCLOSURE
				  REQUIRED. A grain warehouse keeper shall make a disclosure under sub. (2) to
				  every grain producer or producer agent who is a depositor for whom the grain
				  warehouse keeper stores grain in this state. The grain warehouse keeper shall
				  make the disclosure, in the form prescribed under sub. (2), in a written
				  document given to the depositor. The disclosure shall be clear and conspicuous,
				  and shall be set apart from every other writing. The grain warehouse keeper
				  shall make the disclosure at all of the following times:
(a) The first time the grain warehouse keeper
				  accepts a grain deposit from that depositor.
(b) The first time the grain warehouse keeper
				  accepts a grain deposit from that depositor in each license year.
(c) The first time the grain warehouse keeper
				  accepts a grain deposit from that depositor following a change in circumstances
				  that requires a different disclosure statement under sub. (2).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 99 - Grain Dealers And Grain Warehouse Keepers › Subchapter III - Grain Warehouse Keepers › Section ATCP 99.27 - Warehouse keepers; daily position record

Current through June 24, 2024
(1) A grain
				  warehouse keeper's daily position record under s.
				  126.32(2),
				  Stats., shall include all of the following, as of the close of each day's
				  business:
(a) The total amount of grain that
				  the warehouse keeper has in storage, including grain in the warehouse keeper's
				  licensed warehouses, in the warehouse keeper's unlicensed warehouses if any, or
				  on deposit with other warehouse keepers.
(b) The total amount of stored grain owned by
				  the warehouse keeper, including grain in the warehouse keeper's licensed
				  warehouses, in the warehouse keeper's unlicensed warehouses if any, or on
				  deposit with other warehouse keepers.
(c) The warehouse keeper's total grain
				  storage obligations to depositors.
(d) The amount of grain, owned by the
				  warehouse keeper, which was added to storage that day.
(e) The amount of grain, owned by the
				  warehouse keeper, which was removed from storage that day.
(f) The amount of grain, held for others,
				  which was received from depositors that day.
(g) The amount of grain, held for others,
				  which was returned to depositors that day.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 99 - Grain Dealers And Grain Warehouse Keepers › Subchapter III - Grain Warehouse Keepers › Section ATCP 99.28 - Grain storage receipts

Current through June 24, 2024
A warehouse receipt or grain storage receipt required under
					 s.
					 126.33,
					 Stats., shall be one of the following:
(1) Legibly printed on a paper or other
				  tangible non-electronic medium that is delivered to the depositor.
(2) Delivered to the depositor in a legible
				  electronic form that the depositor can readily retrieve, view, store, and print
				  on paper for future reference.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter I - General Provisions › Section ATCP 100.01 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Affiliate" has the meaning given in s.
				  126.01(1),
				  Stats. "Affiliate" includes a person who has significant control or influence
				  over the contractor.
(1m) "Aged
				  cheese" means cheese for which the standard of identity under 21 CFR 133
				  requires aging for at least 4 months.
(2) "Audited financial statement" has the
				  meaning given in s.
				  126.01(3),
				  Stats.
(2m) "Contingent financial
				  backing amount" means the amount of contingent financial backing, if any, which
				  the department holds under s.
				  126.06,
				  Stats.
(3) "Contributing milk
				  contractor" has the meaning given in s.
				  126.40(1),
				  Stats.
(4) "Dairy plant operator"
				  has the meaning given in s.
				  126.40(5),
				  Stats., except as provided in s.
				  ATCP
				  100.98(4).
(4m) "Disqualified milk contractor" has the
				  meaning given in s.
				  126.40(7),
				  Stats.
(4p) "Estimated default
				  exposure" has the meaning given in s.
				  126.47(1)
				  (b) 1, Stats.
(4r) "Maximum fund reimbursement" means the
				  deductible amount specified in s.
				  126.72(3),
				  Stats.
(5) "Milk contractor" has
				  the meaning given in s.
				  126.40(8),
				  Stats.
(5m) "Milk payroll
				  obligation" has the meaning given in s.
				  126.40(9),
				  Stats.
(6) "Milk producer" has the
				  meaning given in s.
				  126.40(10),
				  Stats.
(7) "Procure producer milk
				  in this state" has the meaning given in s.
				  126.40(12),
				  Stats.
(8) "Producer agent" has the
				  meaning given in s.
				  126.40(13),
				  Stats.
(9) "Producer milk" has the
				  meaning given in s.
				  126.40(14),
				  Stats. "Producer milk" includes producer-owned dairy products that a producer
				  agent manufactures from raw producer milk.
(10) "Reviewed financial statement" has the
				  meaning given in s.
				  126.01(20),
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter II - Financial Standards and Security › Section ATCP 100.12 - Financial statement

Current through June 24, 2024
(1) GENERAL. A milk contractor's financial
				  statement, filed under s.
				  126.44,
				  Stats., shall comply with this section and s.
				  126.44,
				  Stats.
(2) LIABILITY DISCLOSURES. A
				  financial statement shall include a detailed description of all notes,
				  mortgages and other long-term liabilities not due or payable within one year.
				  The description shall be included in the financial statement notes or as an
				  attachment to the financial statement. The description shall indicate the
				  nature of the liabilities, the due dates, and the payment terms.
(3) LIABILITY CLASSIFICATION. A financial
				  statement shall classify, as current liabilities, notes payable that do not
				  have a specific due date.
(4) ASSET
				  DISCLOSURES.
(a) A financial statement shall
				  specifically identify and explain, either in the financial statement notes or
				  as an attachment to the financial statement, the following assets:
1. Every non-trade note or account receivable
				  from an officer, director, employee, partner, or stockholder, or from a member
				  of the family of any of those individuals.
2. Every note or account receivable from a
				  parent organization, a subsidiary, or an affiliate, other than an employee.
Note: "Affiliate" as defined in s.
					 ATCP
					 100.01(1) means a person who has
					 significant control or influence. Significant control or influence is a phrase
					 used under generally accepted accounting principals to describe a related party
					 that has sufficient ownership interest to influence the operating and financial
					 policies of an entity.
3.
				  Every note or account that has been receivable for more than one year, unless
				  the milk contractor has established an offsetting reserve for uncollectible
				  notes and accounts receivable.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter II - Financial Standards and Security › Section ATCP 100.13 - Fund assessment temporarily affected by merger or acquisition; partial refund

Current through June 24, 2024
(1) PARTIAL REFUND OF ASSESSMENT. The
				  department may refund part of an annual fund assessment paid by a contributing
				  milk contractor under s.
				  ATCP
				  100.135 if all of the following apply:
(a) The milk contractor paid the full amount
				  of the assessment, including any late payment penalties that apply under s.
				  ATCP
				  100.135(7) (e).
(b) The milk contractor is the surviving
				  entity in a merger under s.
				  179.77,
				  180.1101,
				  183.1201 or
				  185.61,
				  Stats., or has acquired property pursuant to a sale of assets under s.
				  180.1202,
				  Stats.
(c) The assessment was based
				  on the milk contractor's financial statement for the fiscal year in which the
				  merger or acquisition under par. (b) took effect.
(d) The milk contractor's financial
				  statement, for the fiscal year in which the merger or acquisition under par.
				  (b) took effect, caused the sum of the milk contractor's current ratio
				  assessment rate under s.
				  ATCP
				  100.135(2) and debt to equity ratio
				  assessment rate under s.
				  ATCP
				  100.135(4), to increase by at least
				  100% compared to the preceding license year.
(e) The milk contractor's annual financial
				  statements, for the fiscal years immediately preceding and immediately
				  following the fiscal year in which the merger or acquisition under par. (b)
				  took effect, show positive equity, a current ratio of at least 1.25 to 1.00 and
				  a debt to equity ratio of no more than 3.0 to 1.0.
(f) In the license year immediately following
				  the license year for which the milk contractor paid the assessment, the sum of
				  the milk contractor's current ratio assessment rate under s.
				  ATCP
				  100.135(2) and debt to equity
				  assessment rate under s.
				  ATCP
				  100.135(2) declines by at least 50%
				  compared to the license year for which the milk contractor paid the
				  assessment.
(g) The milk contractor
				  requests the refund in writing, by May 1 of the milk contractor's next license
				  year.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter II - Financial Standards and Security › Section ATCP 100.135 - Contributing milk contractors; fund assessments

Current through June 24, 2024
(1) GENERAL. A
				  contributing milk contractor shall pay an annual fund assessment for each
				  license year. The annual fund assessment shall be calculated under this
				  section, rather than under s.
				  126.46,
				  Stats. Except as provided in sub. (6) or (10), or s. ATCP 100.13, the annual
				  fund assessment amount shall equal the sum of the assessments in subs. (1e) and
				  (1m).
(1e) BASIC ASSESSMENT. A
				  contributing milk contractor shall pay a basic assessment equal to the minimum
				  assessment amount listed in sub. (9) or the sum of the following multiplied by
				  0.8, whichever is greater:
(a) The milk
				  contractor's current ratio assessment. The current ratio assessment for a
				  license year equals the milk contractor's current ratio assessment rate under
				  sub. (2) multiplied by the annual milk payroll obligations reported under s.
				  126.41(6)
				  (a), Stats., in the milk contractor's license
				  application for that license year.
(b) The milk contractor's debt to equity
				  ratio assessment. The debt to equity ratio assessment for a license year equals
				  the milk contractor's debt to equity ratio assessment rate under sub. (4)
				  multiplied by the annual milk payroll obligations reported under s.
				  126.41(6)
				  (a), Stats., in the milk contractor's license
				  application for that license year.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter II - Financial Standards and Security › Section ATCP 100.14 - Custom processing services to milk producers

Current through June 24, 2024
Chapter 126, Stats., does not apply to a dairy plant
					 operator who takes temporary custody of producer milk solely to process it for
					 the milk producer, provided that all the following apply:
(1) The producer retains title to all of the
				  milk and all of the processed dairy products made from that milk.
(2) The operator does not market the milk or
				  processed dairy products, but promptly returns the processed dairy products to
				  the producer or the producer's agent for consumption or marketing.
(3) The operator does not commingle
				  producer-owned milk or dairy products with other milk or dairy
				  products.
(4) The operator provides
				  the processing services under a written contract with the producer or the
				  producer's agent. The contract shall clearly and conspicuously disclose all the
				  following:
(a) That the producer retains
				  title to all the milk shipped to the operator for processing, and all the
				  processed dairy products made from that milk.
(b) That the producer's milk shipments to the
				  operator are not secured under ch. 126, Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter II - Financial Standards and Security › Section ATCP 100.16 - Producer agents

Current through June 24, 2024
(1) QUALIFIED PRODUCER AGENT. A producer
				  agent is not a qualified producer agent under s.
				  126.45(3),
				  Stats., nor may a producer agent file a default claim under s.
				  126.70(1)
				  (c), Stats., unless all the following apply:
(a) The producer agent procures producer milk
				  in this state solely as the agent of milk producers. Notwithstanding this
				  paragraph, a milk contractor who buys some milk and markets other milk as a
				  producer agent may file a default claim under s.
				  126.70(1)
				  (c), Stats., for producer milk that the milk
				  contractor markets as a producer agent if the contractor complies with pars.
				  (b) to (f) with respect to all of the milk that the contractor procures in this
				  state as a producer agent.
(b) The
				  producer agent does not take title to the producer milk, or to any processed
				  dairy products made from the producer milk.
(c) The producer agent markets the producer
				  milk under a written contract with each milk producer. The contract shall
				  comply with sub. (2).
(d) The
				  producer agent does not process, as a producer agent, more than 5 million
				  pounds of producer milk in any month.
(e) The producer agent gives, to each
				  recipient of producer milk marketed by the producer agent, a written invoice
				  stating that the milk is producer milk not owned by the producer
				  agent.
(f) The producer agent files
				  a monthly producer agent report with the department, as provided under sub.
				  (3).
Note:
Producer agents are regulated as milk
					 contractors under ch. 126, Stats., regardless of whether they comply with sub.
					 (1). But producer agents do not qualify for special treatment as "qualified
					 producer agents" under s.
					 126.45(3),
					 Stats., nor may they file default claims under s.
					 126.70(1),
					 Stats., unless they comply with sub. (1).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter II - Financial Standards and Security › Section ATCP 100.18 - Marketing processed dairy products for milk producers

Current through June 24, 2024
Chapter 126, Stats., does not apply to a person who markets
					 only processed dairy products for milk producers, provided that the person does
					 not procure, market or process raw producer milk.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter II - Financial Standards and Security › Section ATCP 100.20 - Disclosures to milk producers

Current through June 24, 2024
(1) DISCLOSURE
				  REQUIRED. A milk contractor shall make a disclosure under sub. (2) to every
				  milk producer and producer agent from whom the milk contractor procures
				  producer milk in this state. The milk contractor shall make the disclosure, in
				  the form prescribed under sub. (2), in a written document given to the producer
				  or producer agent. The disclosure shall be clear and conspicuous, and shall be
				  set apart from every other writing. The milk contractor shall make the
				  disclosure to the producer or producer agent at all of the following times:
(a) When the milk contractor first procures
				  producer milk from that producer or producer agent.
(b) In June of each year in which the milk
				  contractor procures milk from that producer or producer agent.
(c) When the milk contractor first procures
				  producer milk from that producer or producer agent following a change in
				  circumstances that requires a different disclosure statement under sub.
				  (2).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter II - Financial Standards and Security › Section ATCP 100.22 - Producer payroll report

Current through June 24, 2024
(1) An applicant for
				  an annual milk contractor license shall include, as part of the license
				  application, the sworn and notarized statement required under s.
				  126.41(6),
				  Stats.
(2) The statement under sub.
				  (1) shall report, under s.
				  126.41(6)
				  (a), Stats., the gross amount that the
				  applicant paid for producer milk procured in this state during the applicant's
				  last completed fiscal year. If the applicant has not yet operated as a milk
				  contractor, the applicant shall report the estimated gross amount that the
				  applicant will pay for milk procured in the applicant's first completed fiscal
				  year.
(3) The statement under sub.
				  (1) may, with the approval of the department, report either of the following in
				  fulfillment of the reporting requirement under s.
				  126.41(6)
				  (b), Stats.:
(a) The largest gross amount that the
				  applicant paid, for producer milk procured in this state, in any single month
				  during the applicant's last completed fiscal year.
(b) The largest amount of unpaid milk payroll
				  obligations that the milk contractor had at any time during the milk
				  contractor's last completed fiscal year.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter III - Milk Contractor Payments to Producers; Records › Section ATCP 100.30 - Pay statements to milk producers

Current through June 24, 2024
On each producer pay date under s.
					 126.48(1)
					 or (2), Stats., a milk contractor who
					 procures producer milk in this state from a milk producer shall provide that
					 milk producer with a written pay statement that includes all the
					 following:
(1) MILK CONTRACTOR
				  IDENTIFICATION. A pay statement shall include the name and address of the milk
				  contractor.
(2) PRODUCER
				  IDENTIFICATION. A pay statement shall include the producer's name and
				  identification number.
(3) PAY
				  PERIOD. A pay statement shall specify the milk delivery dates for which payment
				  is being made.
(4) MILK VOLUME. A
				  pay statement shall specify the total weight of milk, in hundredweights, which
				  the milk contractor received from the milk producer on the dates specified in
				  sub. (3).
(5) GRADE OF MILK. A pay
				  statement shall specify the grade of milk that the milk contractor received
				  from the milk producer on the dates specified in sub. (3).
(6) MILK TEST RESULTS. If the price paid to
				  the milk producer is affected by test results related to milk components, milk
				  quality or other variables, the pay statement shall indicate all the test
				  results used to determine the pay price unless the milk contractor has already
				  furnished those test results to the milk producer.
(7) MILK PRICE AND ADJUSTMENTS. A pay
				  statement shall include the following price information, as applicable:
(a)
Payment based on straight
				  fat.
If the milk contractor is paying the milk producer on a straight
				  fat basis, the pay statement shall include all the following information:
1. The butterfat content of milk received
				  from the milk producer on the dates specified in sub. (3), expressed as a
				  percentage by weight of milk received.
2. The total pounds of butterfat in the milk
				  received from the producer on the dates specified in sub. (3).
3. The pay price per pound of
				  butterfat.
4. The gross amount paid
				  for butterfat, obtained by multiplying the total pounds of butterfat under
				  subd. 2. by the pay price under subd. 3.
5. The pay price per hundredweight for
				  butterfat, obtained by dividing the gross amount paid under subd. 4. by the
				  milk volume in hundredweights under sub. (4).
6. Price adjustments per hundredweight for
				  other milk components such as protein or solids not fat.
7. Price adjustments per hundredweight for
				  milk grade or quality, including adjustments for bacteria or somatic cell
				  counts.
8. Price adjustments per
				  hundredweight based on volume or other factors identified in the pay
				  statement.
9. The producer's
				  average gross pay per hundredweight of milk, obtained by applying the
				  adjustments under subds. 6. to 8. to the pay price per hundredweight for
				  butterfat under subd. 5.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter III - Milk Contractor Payments to Producers; Records › Section ATCP 100.32 - Pay records

Current through June 24, 2024
(1) RECORDS REQUIRED. A milk contractor shall
				  keep accurate records and accounts of milk receipts, payments for milk
				  received, and amounts owed to milk producers and producer agents. Records shall
				  include all the following:
(a) A copy of
				  every contract between the milk contractor and a milk producer or producer
				  agent.
(b) A record of all milk
				  receipts from producers and producer agents, showing the amount received from
				  each producer or producer agent and the date of each receipt.
(c) A record of every milk producer pay
				  statement required under s.
				  ATCP
				  100.30.
(d) Records showing the nature and amount of
				  any non-price consideration that the milk contractor furnishes to a producer in
				  return for the producer's sale or consignment of milk to the milk contractor,
				  but which is not reflected in the producer's pay statement under s.
				  ATCP
				  100.30. In this subsection, "non-price consideration"
				  has the meaning given in s.
				  ATCP
				  100.98(6).
(e) The result of every test on a producer
				  milk delivery, including any test related to milk components or milk quality.
				  Records shall specify the delivery to which each test pertains.
(f) A payroll summary showing, for each
				  payroll period, the amount of milk received from producers, the gross amounts
				  owed to producers for milk received, the amount and disposition of any payroll
				  deductions, the net amounts owed to producers after deductions, and the amounts
				  paid to producers.
(g) Other
				  computer records, worksheets and accounting records showing how the milk
				  contractor computed payment obligations to milk producers and producer
				  agents.
(h) Records showing the
				  milk contractor's use and disposition of milk and dairy products received by
				  the milk contractor. Records shall enable the milk contractor to do all the
				  following:
1. Account for the sale, use or
				  disposition of all milk and dairy products received by the milk
				  contractor.
2. Account for the
				  source of all milk and dairy products sold, marketed or otherwise disposed of
				  by the milk contractor.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter IV - Discriminatory Payments to Producers › Section ATCP 100.98 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Base period" means the dairy plant
				  operator's most recently completed fiscal year, or another representative
				  period approved by the department.
(2) "Base period producer service cost" means
				  a dairy plant operator's total cost, for the operator's base period, for all of
				  the following:
(a) Dairy farm field service
				  costs other than field service costs which are directly attributable to
				  violations of ch. ATCP 65.
(b)
				  Costs to test dairy farm milk shipments before the dairy plant operator
				  commingles those milk shipments with other milk shipments at the dairy plant.
				  Testing costs include lab testing, reporting and recordkeeping costs related to
				  milk testing. Testing costs do not include costs incurred by a milk hauler to
				  collect milk samples from dairy farms, nor do they include costs incurred
				  because of producer's violation of ch. ATCP 65.
(c) Expenses to prepare and maintain producer
				  payroll records and process payments to producers.
(d) Dairy farm license fees and other routine
				  expenses which the dairy plant operator incurs in connection with the licensing
				  and regulation of dairy farms.
(e)
				  Other costs which the department allows in writing.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter IV - Discriminatory Payments to Producers › Section ATCP 100.981 - Price discrimination prohibited

Current through June 24, 2024
Except as provided under s.
					 ATCP 100.982,
					 100.983 or
					 100.984, no dairy plant operator
					 may do any of the following if the operator's action injures any producer or
					 injures, destroys or prevents competition between competing dairy plant
					 operators:
(1) Discriminate between
				  producers, directly or indirectly, in the milk price offered or paid to those
				  producers.
(2) Discriminate between
				  producers, directly or indirectly, in the value of any non-price consideration
				  offered or provided to those producers. A dairy plant operator does not
				  discriminate under this subsection if the operator offers the same non-price
				  consideration to all producers on equal terms, so that the same non-price
				  consideration is effectively available to all producers who wish to receive
				  it.
Section ATCP 100.981 is adopted under s.
						100.20(2),
						Stats., and other applicable statutes. A person who suffers a monetary loss
						because of a violation of s. ATCP 100.981 may therefore bring a private lawsuit
						against the violator under s.
						100.20(5),
						Stats., and may recover double damages, costs and reasonable attorney fees.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter IV - Discriminatory Payments to Producers › Section ATCP 100.982 - Exemptions

Current through June 24, 2024
Section
					 ATCP
					 100.981 does not prohibit a dairy plant operator from
					 doing any of the following:
(1) Paying
				  a different milk price for grade A versus grade B milk.
(2) Complying with a federal milk marketing
				  order.
(3) Properly charging a
				  producer, pursuant to ch. ATCP 65 or the procurement contract, for costs which
				  the dairy plant operator or milk contractor incurs because of the producer's
				  violation of ch. ATCP 65.
(4)
				  Paying different milk prices to producers based on actual differences in the
				  quality of their milk, or based on actual differences in the percentage content
				  of milk components in their milk, provided that all of the following apply:
(a) The dairy plant operator pays for milk
				  quality, or for the percentage content of milk components in a producer's milk,
				  according to a written payment schedule which the operator announces and makes
				  available on equal terms to all producers from whom the dairy plant operator
				  buys milk.
(b) The payment schedule
				  under par. (a) clearly indicates the amounts by which payments will vary based
				  on actual differences in milk quality, or based on actual differences in the
				  percentage content of milk components in a producer's milk.
(c) The dairy plant operator measures the
				  differences under par. (b) using accepted scientific methods.
(d) The payment schedule under par. (a) does
				  not discriminate between producers having the same milk quality, or the same
				  percentage content of milk components in their milk.
(e) Milk quality and milk component payments
				  are not based on milk volume or restricted to certain producers based on
				  volume.
(f) The dairy plant
				  operator complies with ss.
				  ATCP
				  65.84(3) and
				  100.30.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 100 - Milk Contractors › Subchapter IV - Discriminatory Payments to Producers › Section ATCP 100.983 - Cost-justification defense

Current through June 24, 2024
(1) GENERAL. In any
				  proceeding against a dairy plant operator, in which the operator is alleged to
				  have discriminated between pay classes or individual producers in violation of
				  s.
				  ATCP
				  100.981, it is a defense for the operator to prove,
				  based on documentary evidence which the operator possessed and relied upon at
				  the time of the alleged discrimination, that the amount of the price
				  discrimination per hundredweight between those pay classes or individual
				  producers did not exceed, in any relevant pay period, the difference in the
				  operator's relevant procurement cost per hundredweight between those pay
				  classes or producers.
(2) VOLUME
				  PREMIUMS BASED ON TOTAL MILK VOLUME. A dairy plant operator shall use the
				  following relevant procurement costs per hundredweight to justify, under sub.
				  (1), discrimination resulting from the payment of volume premiums based on
				  total milk volume:
(a)
Pay
				  class.
The operator's relevant procurement cost per hundredweight for
				  each pay class is the operator's "producer service cost per hundredweight" for
				  that pay class, calculated according to sub. (4) (a).
(b)
Individual producer.
The
				  operator's relevant procurement cost per hundredweight for each individual
				  producer is the operator's "producer service cost per hundredweight" for that
				  individual producer, calculated according to sub. (4) (b).