Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 155 - Vegetable grading procedures and grade standards › Subchapter III - Grading Procedure for Fresh Shelled Peas for Canning or Freezing › Section ATCP 155.215 - Deductions for thistle buds, nightshade berries and mustard pod pieces

Current through June 24, 2024
(1) GENERAL. Under a procurement contract for
				  peas, a contractor may deduct for thistle buds, nightshade berries and mustard
				  pod pieces found among the peas. The deduction shall be made from the net
				  amount that would be payable to the producer and may be applied to harvested
				  peas or unharvested pea acreage according to this section. The procurement
				  contract shall specify the terms of the deduction, consistent with this
				  section. Deductions shall comply with the procurement contract and this
				  section.
(2) HARVESTED PEAS; BASIS
				  FOR DEDUCTION. For each load of harvested peas, the deduction under sub. (1)
				  shall be based on the actual number of thistle buds, nightshade berries or
				  mustard pod pieces found in a 200-ounce grading sample collected from that
				  load. The sample shall be collected according to ss.
				  ATCP
				  155.03(3) and
				  155.21.
(3) UNHARVESTED ACREAGE; BASIS FOR DEDUCTION.
				  For unharvested pea acreage, the deduction under sub. (1) shall be based on the
				  actual number of thistle buds, nightshade berries or mustard pod pieces found
				  in a composite 200-ounce grading sample collected from the unharvested acreage.
				  The composite sample shall be comprised of component samples collected from the
				  unharvested acreage according to s.
				  ATCP
				  101.03(5) or equivalent field
				  sampling procedures specified in the procurement contract.
(4) DEDUCTION AMOUNT. No contractor may make
				  a deduction under sub. (1) unless the procurement contract specifies the amount
				  of the deduction. Subject to the limits specified under subs. (5) and (6), the
				  amount deducted shall be based on the number of thistle buds, nightshade
				  berries or mustard pod pieces found in sampling under sub. (2) or (3).
				  Deduction amounts shall be expressed as percentages of the net amount that
				  would be payable to the producer in the absence of any deduction under sub.
				  (1).
(5) DEDUCTION LIMITATIONS. No
				  contractor may make a deduction under sub. (1) unless the procurement contract
				  specifies a number of thistle buds, nightshade berries or mustard pod pieces
				  which, when found in sampling under sub. (2) or (3), will cause a deduction to
				  be made under the contract. For purposes of making a deduction, the contract
				  may not specify a number less than 4 thistle buds, 2 nightshade berries, or 20
				  mustard pod pieces.
(6) DEDUCTION
				  CAP.
(a) The amount of the deduction
				  specified under sub. (4) for each thistle bud in excess of one may not exceed
				  5% of the net amount payable to the producer absent the deduction.
(b) The amount of the deduction specified
				  under sub. (4) for each nightshade berry, if the deduction threshold is met,
				  may not exceed 10% of the net amount payable to the producer absent the
				  deduction.
(c) The amount of the
				  deduction specified under sub. (4) for each aggregate unit of 20 whole or
				  partial pieces of mustard pods may not exceed 5% of the net amount payable to
				  the producer absent the deduction.
(d) The combined deduction specified under
				  sub. (4) for thistle buds, nightshade berries and mustard pod pieces may not
				  exceed 30% of the net amount that would be payable to the producer absent the
				  deduction.