reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter VIII - Training for Operators of Underground Storage Tank Systems › Section ATCP 93.870 - Record keeping

Current through June 24, 2024
(1) The owner or operator shall maintain the
				  documentation specified in s.
				  ATCP
				  93.850(1) (c) at the underground
				  storage tank system site and have it immediately available for inspection by
				  the authorized agent or the department, except as provided in sub.
				  (2).
(1m) Owners and operators of
				  underground storage tank systems must maintain and have available onsite for
				  inspection documentation of designated Class A, Class B, and Class C operators
				  and maintain records verifying that the training and retraining, as applicable,
				  have been completed. Records must:
(a)
				  Identify all Class A, Class B, and Class C operators currently designated for
				  the facility.
(b) Include names,
				  class of operator trained, date of assumed duties, date of each completed
				  initial training, and any retraining.
(c) Include certificates specified in s.
				  ATCP
				  93.850(1) (c) verifying completion of
				  training or retraining.
(d) Be
				  maintained in paper or electronic form by the owner or operator for as long as
				  Class A, Class B, and Class C operators are designated.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter VIII - Training for Operators of Underground Storage Tank Systems › Section ATCP 93.880 - Retraining for non-compliance

Current through June 24, 2024
(1) If the
				  authorized agent or the department determines that an underground storage tank
				  system is not in compliance with release prevention and release detection
				  requirements or exhibits a continuing pattern of non-compliance with this
				  chapter, the department or authorized agent may order that the Class A, Class
				  B, or Class C operators shall be retrained within 30 days.
(2) Retraining under this section shall be in
				  accordance with a directive by the department.
Significant operational compliance performance measures
						for release prevention and release detection, as developed by the U.S.
						environmental protection agency, are available at the following Web site:
https://www.epa.gov/ust/significant-operational-compliance-soc-performance-measures
.
Section ATCP 93.115 (3) (c) allows shutdown of any
						underground storage tank system for which there is a continuing violation of
						this chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter I - Administration and Enforcement › Section ATCP 94.100 - Scope, application, and authority

Current through June 24, 2024
(1) SCOPE. This
				  chapter primarily establishes quality standards for petroleum and other liquid
				  fuel products that are used as liquid fuels for engines and heating equipment.
				  It also establishes labeling requirements for used lubricating oils.
(2) RULE-MAKING AUTHORITY. Under ch. 168,
				  Stats., the department has authority to promulgate rules relating to grade
				  specifications for petroleum and other liquid fuel products, and to administer
				  and enforce the rules.
(3)
				  AUTHORITY TO ENTER. The department has authority to enter any premises of any
				  manufacturer, vendor, dealer, or user of petroleum or other liquid fuel
				  products during the regular business hours to determine whether the fuel
				  product has been inspected in accordance with this chapter.
(4) AUTHORITY TO SAMPLE AND TEST. The
				  department has authority to obtain samples of petroleum and other liquid fuel
				  products at any point within or without this state for the purpose of testing
				  these products in accordance with this chapter.
(5) AUTHORITY FOR ACCESS TO RECORDS. The
				  department has authority to inspect the records of every person having custody
				  of books or records showing the shipment, receipt, and inventory of petroleum
				  or other liquid fuel products for the purpose of determining the amount of
				  products shipped or received.
(6)
				  AUTHORITY TO PERFORM INVESTIGATIONS. Any accident or explosion involving
				  petroleum or other liquid fuel products which comes to the knowledge of the
				  department may be investigated by the department to determine whether there has
				  been a violation of this chapter.
(7) AUTHORITY TO PROVIDE ASSISTANCE TO LOCAL
				  AUTHORITIES. The department has authority, upon request of other state agencies
				  or local authorities, to assist in the investigation of hazardous situations
				  involving suspected or known liquid fuel products.
(8) AUTHORITY TO STOP SALE. Persons with
				  enforcement authority under this chapter have authority to shut down liquid
				  fuel storage tank systems by the issuance of orders, the disabling with locks,
				  or applying a red-tag, under the following conditions:
(a)
Immediate shutdown to protect
				  life, safety, or health.
Liquid fuel storage systems that contain
				  products which pose an immediate danger to life, safety, or health shall be
				  subject to immediate shutdown. Products that pose an immediate danger to life,
				  safety, or health include all of the following:
1. Heating oil that is contaminated with
				  gasoline.
2. Kerosene that is
				  contaminated with gasoline.
3.
				  Aircraft fuel that is contaminated with any substance.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter I - Administration and Enforcement › Section ATCP 94.110 - Penalties, fees, and petitions for variance

Current through June 24, 2024
(1) PENALTIES.
				  Pursuant to s. 168.15, Stats., any person who
				  violates any provision of this chapter shall forfeit not less than $10 nor more
				  than $100 for each violation. Each day a person fails to comply with any
				  provision of this chapter is a separate violation.
(2) FEES. Fees for requested inspections,
				  including complaint-driven inspections, shall be assessed in accordance with s.
				  ATCP
				  94.410.
(3) PETITIONS FOR VARIANCE.
(a) The department may grant a variance to a
				  provision of this chapter. A separate petition for variance must be submitted
				  to the department for each fuel type and shall include all of the following:
1. Requester's name and address.
2. Type of business.
3. Product description, intended use and
				  specification sheet.
4. Evidence
				  that an equivalency is established in the petition for variance that meets the
				  intent of the rule being petitioned.
5. Reason for the request.
6. Signature and title of the
				  requester.
7. Date of the
				  request.
8. The fee of
				  $300.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter I - Administration and Enforcement › Section ATCP 94.120 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Alternative liquid automotive fuel"
				  includes all of the following:
(a) Mixtures
				  containing more than 16.1 percent by volume of butanol or 15 percent by volume
				  of methanol, denatured ethanol, other alcohols, or any combination thereof with
				  gasoline or other fuels.
(b)
				  Biodiesel over B5.
(c) Coal-derived
				  liquid fuels.
(d) Other liquid
				  automotive fuels not defined by this chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter II - Petroleum and Other Liquid Fuel Product Specification › Section ATCP 94.200 - Adoption of standard specifications by reference

Current through June 24, 2024
(1) The following
				  standards of the
2023 Annual Book of ASTM Standards
of ASTM
				  International are incorporated by reference into this chapter:
(a) ASTM D396-21, standard specification for
				  fuel oils.
(b) ASTM D910-21,
				  standard specification for aviation gasolines.
(c) ASTM D975-22, standard specification for
				  diesel fuel oils.
(d) ASTM
				  D1655-22, standard specification for aviation turbine fuels.
(e) ASTM D3699-19, standard specification for
				  kerosine.
(f) ASTM D4806-21a,
				  standard specification for denatured fuel ethanol for blending with gasolines
				  for use as automotive spark-ignition engine fuel.
(g) ASTM D4814-21c, standard specification
				  for automotive spark-ignition engine fuel.
(h) ASTM D5798-21 standard specification for
				  ethanol fuel blends for flexible-fuel for automotive spark-ignition
				  engines.
(i) ASTM D6227-18,
				  standard specification for unleaded aviation gasoline containing a
				  non-hydrocarbon component.
(j) ASTM
				  D6751-20a, standard specification for biodiesel fuel blend stock (B100) for
				  middle distillate fuels.
(k) ASTM
				  D7467-20a, standard specification for diesel fuel oil, biodiesel blend (B6 to
				  B20).
(L) ASTM D7547-21, standard
				  specification for hydrocarbon unleaded aviation gasoline.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter II - Petroleum and Other Liquid Fuel Product Specification › Section ATCP 94.210 - Gasoline specifications

Current through June 24, 2024
(1) GASOLINE,
				  AUTOMOTIVE GASOLINE, AND GASOLINE CONTAINING UP TO 10 PERCENT OXYGENATE BY
				  VOLUME.
(c)
Automotive
				  gasoline.
Any fuel product designated by name or reference as
				  automotive gasoline shall meet the requirements specified in ASTM
				  D4814.
(d)
Gasoline
				  containing up to 10 percent oxygenate by volume.
Other oxygenated
				  fuels shall be acceptable if the oxygenates are blended in a manner approved by
				  the department in amounts allowed by the EPA and the final product conforms to
				  the standard specification for gasoline under par. (c).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter II - Petroleum and Other Liquid Fuel Product Specification › Section ATCP 94.215 - E15 specifications

Current through June 24, 2024
(1) REQUIREMENTS.
				  Any fuel product designated by name or reference or defined as "E15" shall meet
				  the requirements specified in ASTM D4814. Any person who distributes E15 shall
				  state on any invoice, bill of lading, shipping paper, or other documentation
				  accompanying the shipment used in normal and customary business practices, the
				  maximum percent by volume of ethanol.
(2) REID VAPOR PRESSURE FOR E15. The blend
				  shall meet ASTM D4814, "Standard Specification for Automotive Spark-Ignition
				  Engine Fuel," except that the maximum vapor pressure shall not exceed the ASTM
				  D4814 limits by more than 1.0 psi for blends containing one or more percent by
				  volume ethanol for volatility classes A, B, C, D, and E from September 16
				  through May 31.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter II - Petroleum and Other Liquid Fuel Product Specification › Section ATCP 94.220 - Kerosene specifications

Current through June 24, 2024
Any fuel product designated by name or reference as
					 "kerosene" or "kerosine" shall meet the requirements specified in ASTM
					 D3699.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter II - Petroleum and Other Liquid Fuel Product Specification › Section ATCP 94.230 - Fuel oil specifications

Current through June 24, 2024
Any petroleum product designated by name or reference as
					 No. 1 fuel oil to No. 6 fuel oil shall meet the requirements specified in ASTM
					 D396.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter II - Petroleum and Other Liquid Fuel Product Specification › Section ATCP 94.240 - Diesel fuel specifications

Current through June 24, 2024
(1) Any fuel
				  product designated by name or reference as No. 1 diesel fuel to No. 4 diesel
				  fuel shall meet the requirements specified in ASTM D975.
(3) Biodiesel fuel meeting the requirements
				  specified in ASTM D6751 may be added to diesel fuel meeting the requirements
				  specified in ASTM D975.
(4)
(a) Biodiesel blends of greater than 5 but
				  not more than 20 percent biodiesel by volume shall meet the requirements of
				  ASTM D7467.
(b) The retailer shall
				  be provided, at the time of delivery of the fuel, a declaration of the percent
				  by volume biodiesel on an invoice, bill of lading, shipping paper, or other
				  document. This documentation is for dispenser labeling purposes only; it is the
				  responsibility of any potential blender to determine the amount of biodiesel in
				  the diesel fuel prior to blending.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter II - Petroleum and Other Liquid Fuel Product Specification › Section ATCP 94.250 - Aviation fuels

Current through June 24, 2024
(1) AVIATION
				  GASOLINE. Any fuel product designated by name or reference as aviation gasoline
				  shall meet the requirements of ASTM D910, D6227, or D7547.
(2) AVIATION TURBINE FUEL. Any fuel product
				  designated by name or reference as aviation turbine fuel shall meet the
				  requirements of ASTM D1655.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter II - Petroleum and Other Liquid Fuel Product Specification › Section ATCP 94.260 - Racing gasoline

Current through June 24, 2024
This section only applies to racing gasoline.
(1) OCTANE RATING. The octane rating of
				  racing gasoline shall not be less than any of the following:
(a) The octane rating posted on the product
				  dispenser.
(b) The certification on
				  the invoice, bill of lading, shipping paper, or other documentation.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter II - Petroleum and Other Liquid Fuel Product Specification › Section ATCP 94.270 - E85 specifications

Current through June 24, 2024
Any fuel product designated by name or reference or
					 defined as "E85" shall meet the requirements specified in ASTM D5798. Any
					 person who distributes E85 shall state on any invoice, bill of lading, shipping
					 paper, or other documentation accompanying the shipment used in normal and
					 customary business practices, the actual volume percent of
					 ethanol.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter III - Inspection Procedures › Section ATCP 94.310 - Inspection procedures

Current through June 24, 2024
(1) INSPECTION OF PETROLEUM AND OTHER LIQUID
				  FUEL PRODUCTS.
(a)
General.
All petroleum and other liquid fuel products imported into and received in this
				  state shall be subject to sampling by the department prior to being unloaded,
				  sold, offered for sale, or used.
(b)
Exceptions.
The
				  inspection of liquid fuel products does not apply in the following situations:
1. Liquid fuel products previously inspected
				  by the department at the refinery or at a marine or pipeline terminal within or
				  outside the state.
2. Where the
				  department permits unloading of ships or boats due to an emergency declared by
				  the coast guard or where a permit has been granted by the department.
3. Specialty motor fuels and liquid fuel
				  products that will not be introduced into the wholesale or retail market
				  stream.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter III - Inspection Procedures › Section ATCP 94.320 - Water in tanks

Current through June 24, 2024
Water may not exceed the depths specified in s.
					 ATCP
					 93.605 in any tank utilized for storing fuels for
					 retail sale, except as otherwise approved by the department.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter III - Inspection Procedures › Section ATCP 94.330 - Department records

Current through June 24, 2024
The department shall keep records of each inspection made,
					 showing all of the following:
(1) The
				  date and place of each inspection.
(2) The product name of the liquid
				  inspected.
(3) The name and address
				  of the person for whom the inspection is made.
Chapter 98, Stats., has detailed requirements that apply
						to delivery of certain liquid fuels.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter III - Inspection Procedures › Section ATCP 94.340 - Documentation and records

Current through June 24, 2024
(1) GENERAL. Any
				  person receiving, unloading, using, offering for sale, or selling any liquid
				  fuel product shall accurately identify the product as to name or grade.
				  Delivery of automotive fuel to a retail outlet shall include a certification of
				  the automotive fuel rating, either by letter, or on the delivery ticket or
				  other paper, as required by 16 CFR 306.12.
(2) OXYGENATE DISCLOSURE. Any person who
				  distributes fuel products which contain one percent or more by volume of an
				  oxygenate, shall accurately state on any invoice, bill of lading, shipping
				  paper, or other documentation accompanying the shipment used in normal and
				  customary business practices, the type of oxygenate and maximum percent by
				  volume contained in the fuel.
(3)
				  TRANSPORTATION RECORDS. Every person transporting liquid fuel products shall
				  maintain accurate and complete records showing the shipment or receipt of the
				  fuel products. The department shall have free access to the records for the
				  purpose of determining the amount of liquid fuel products shipped or
				  received.
(4) RECEIPT RECORDS.
				  Every person receiving fuel products shall maintain an accurate and complete
				  record of the delivery of the product, together with bills of lading, waybills,
				  and any other documents pertinent to verifying the inventory of the product,
				  for at least 10 years, unless approval to the contrary is obtained from the
				  department in writing. The department shall have free access to the records for
				  the purpose of determining the amount of fuel products shipped or
				  received.
See s.
						98.225, Stats., for additional
						detailed requirements for deliveries of certain liquid
						fuels.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter IV - Violations › Section ATCP 94.400 - Prohibited acts

Current through June 24, 2024
(1) No person other than an operator of a
				  refinery or terminal may deliver, unload, direct, or transfer a fuel product
				  into a storage tank system labeled as containing dissimilar fuel product unless
				  specifically approved in writing by an inspector.
(2) Except as authorized under sub. (1), no
				  person may deliver, unload, direct, or transfer dissimilar fuel products into a
				  storage tank unless specifically approved in writing by an inspector.
(3) No person may hinder, divert, or obstruct
				  inspectors in the performance of their duties under the authority of this
				  chapter.
(4) No person may
				  represent a motor fuel or fuel product in any manner that is contrary to the
				  provisions and the adopted standards of this chapter, and the provisions of ch.
				  168, Stats.
(5) Except as
				  authorized under sub. (1), no person may transfer a fuel product to any place
				  for retail sale or offer to sell that fuel product if it has been contaminated
				  with a dissimilar product or altered after being tested under this chapter,
				  unless either approved otherwise by the department or further testing shows the
				  product complies with this chapter.
(8) No person may fail to maintain accurate
				  and complete records and reports required under this chapter.
(9) No person may remove or tamper with any
				  red-tag without written authorization from the department.
(10) No person may fail to comply with an
				  administrative order issued by the department.
(11) Except as authorized under sub. (1), no
				  person may blend a fuel product in an underground storage tank.
(12) No person may remove contaminated
				  product from a retail storage tank system without first notifying the
				  department.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 94 - Petroleum And Other Liquid Fuel Products › Subchapter IV - Violations › Section ATCP 94.410 - Reimbursement of product-analysis and investigation costs

Current through June 24, 2024
(1) INVESTIGATIONS
				  AND TESTING. An owner or seller of a product shall reimburse the department for
				  all of the following, as specified in sub. (2):
(a) Investigation and testing of fuel
				  specification failures, misdeliveries, and contaminated fuel.
(b) Investigation and testing of mislabeled
				  products.
(c) Investigation and
				  testing related to accidents or explosions under s.
				  ATCP
				  94.100 (6).
(d) Investigation and testing requested by
				  the owner or seller of the product.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 97 - Public warehouse keepers › Section ATCP 97.01 - Definitions

Current through June 24, 2024
As used in this chapter:
(1) "Damage by water" includes those
				water-related damages normally covered under a fire and extended coverage
				insurance policy. "Damage by water" does not include flood damage.
(2) "Department" means the state of Wisconsin
				department of agriculture, trade and consumer protection.
(3) "Floor space" means the area, expressed
				in square feet, that is available for the storage of property in a
				warehouse.
(4) "Food" means all of
				the following:
(a) Articles used for food or
				drink by persons.
(b) Chewing
				gum.
(c) Articles used for
				components of matters specified in pars. (a) and (b).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 97 - Public warehouse keepers › Section ATCP 97.02 - Classification of public warehouses

Current through June 24, 2024
For purposes of this chapter, a public warehouse is
				  classified according to the amount of floor space in that warehouse as
				  follows:
(1) Class 1: less than 10,000
				square feet.
(2) Class 2: at least
				10,000 square feet but less than 50,000 square feet.
(3) Class 3: at least 50,000 square feet but
				less than 100,000 square feet.
(4)
				Class 4: at least 100,000 square feet but less than 150,000 square
				feet.
(5) Class 5: at least 150,000
				square feet.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 97 - Public warehouse keepers › Section ATCP 97.04 - License requirement; application and fees

Current through June 24, 2024
(1) LICENSE
				REQUIRED. Except as provided under sub. (2), no person may operate as a public
				warehouse keeper unless that person holds an annual license from the department
				under this section. A license expires on June 30 annually and is not
				transferable. No license may be issued under this section for part of a year
				for less than the full annual fee specified under sub. (4).
(2) LICENSE NOT REQUIRED. No license is
				required under sub. (1) for any of the following:
(a) A municipal corporation.
(b) A person operating a warehouse storing
				only grain, as defined under s.
				126.01(13),
				Stats.
(c) A cooperative
				association storing farm products and merchandise only for its
				members.
(d) A person who owns and
				operates a warehouse only to store dairy products or canned fruits or
				vegetables manufactured by that person.
(e) A common carrier engaged solely in the
				transit and storage of property for periods not exceeding 30 days.
(f) A person operating a warehouse pursuant
				to a license issued under the federal bonded warehouse act,
				7 USC
				241 et seq.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 97 - Public warehouse keepers › Section ATCP 97.06 - License suspension or revocation

Current through June 24, 2024
(1) GENERAL. The
				secretary may suspend, revoke or impose conditions on a public warehouse
				keeper's license for cause pursuant to s.
				93.06(7) and
				(8), Stats. Cause may include any violation
				of this chapter.
Note: See ch. ATCP 1 for procedure in suspension or
				  revocation proceedings.
(2)
				SUMMARY SUSPENSION.
(a) The secretary may
				issue a summary order suspending a public warehouse keeper's license without
				prior notice or hearing if the secretary determines that any of the following
				conditions exists:
1. The public warehouse
				keeper has failed to file security required under s.
				ATCP 97.08.
2. The security filed by the public warehouse
				keeper does not comply with s.
				ATCP 97.08.
3. The security filed by the public warehouse
				keeper has been canceled without adequate prior notice to the department under
				s.
				ATCP 97.08.
4. The public warehouse keeper has failed to
				file satisfactory security to replace a canceled surety bond before the
				effective date of the cancellation.
5. The public warehouse keeper has failed to
				file satisfactory security to replace an expiring letter of credit at least 31
				days before that letter of credit expires.
6. The public warehouse keeper has failed to
				file satisfactory security to replace a canceled or expired insurance policy
				before the effective date of the cancellation or expiration.
7. There is an imminent threat of substantial
				harm to stored property because the public warehouse keeper's warehouse is
				unsuitable for storing that type of property, or because the public warehouse
				keeper is not adequately protecting stored property from loss or
				damage.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 97 - Public warehouse keepers › Section ATCP 97.08 - Security

Current through June 24, 2024
(1) REQUIREMENT. Every public warehouse
				keeper shall maintain on file with the department security that complies with
				this section.
(2) FORM OF SECURITY.
				Security filed with the department under this section is subject to approval by
				the department. Security shall be in one or more of the following forms:
(a)
Continuous surety bond.
A continuous surety bond that is all of the following:
1. Made payable to the department for the
				benefit of owners of stored property or their assignees.
2. Endorsed by a surety company authorized to
				do business in this state.
3. In a
				form approved by the department containing all of the terms and conditions
				required by the department.
4.
				Continuing, and subject to cancellation by the surety company only upon 30 days
				written notice to the department served in person or by certified
				mail.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 97 - Public warehouse keepers › Section ATCP 97.10 - Warehouse facilities and operations

Current through June 24, 2024
(1) Every public
				warehouse shall be suitable for the type of storage operation conducted at that
				warehouse. Public warehouse facilities shall be maintained and operated in a
				manner which will reasonably protect stored property against loss or damage. A
				public warehouse used for the storage of food shall comply with the
				requirements of ch. 97, Stats., and ch. ATCP 71.
(2) A public warehouse keeper is subject to
				the standards and duties of care specified under s.
				407.204(1),
				Stats., this chapter, and law related to the storage of property for hire,
				including law related to the issuance of warehouse receipts, the maintenance of
				warehouse receipt registers, and the enforcement of warehouse keepers'
				liens.
The department may deny, suspend, revoke or impose
					 conditions on a public warehouse keeper's license for cause, including a
					 violation of this section. See s.
					 93.06(7) and
					 (8), Stats., and ss.
					 ATCP
					 97.04 and
					 97.06.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 97 - Public warehouse keepers › Section ATCP 97.12 - Disclosure requirements; receipts

Current through June 24, 2024
(1) SIGN POSTED.
				Every public warehouse keeper shall keep posted, at the main outside entrance
				of each public warehouse operated by that warehouse keeper, a conspicuous sign
				which clearly states the name of the warehouse keeper and identifies that
				warehouse as a public warehouse.
(2) NOTICE OF LIABILITY LIMITS. Before a
				public warehouse keeper contracts to store noncommercial personal,
				recreational, family or household goods for any person, the warehouse keeper
				shall notify that person of any limit on the warehouse keeper's liability for
				loss or damage to property in storage, and of that person's responsibility to
				provide additional coverage if desired.
(3) RECEIPTS. Whenever a public warehouse
				keeper receives property from any person for storage, the public warehouse
				keeper shall issue to that person a warehouse or storage receipt for that
				property. The receipt shall clearly identify the property which the public
				warehouse keeper has received from that person, the location of the warehouse
				where the property will be stored, the terms and conditions of storage, and the
				date on which the receipt is issued. A public warehouse keeper may use standard
				warehouse or storage receipt forms that are accepted in the warehousing
				industry, provided that those forms comply with chs. 401 to 411, Stats., and
				this chapter.
See specific requirements for warehouse receipts under s.
					 407.202(2),
					 Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 97 - Public warehouse keepers › Section ATCP 97.14 - Records

Current through June 24, 2024
A public warehouse keeper shall keep a record of all property
				  received for storage, and of all warehouse or storage receipts issued. Records
				  shall include the warehouse or storage receipt number, a description of the
				  property received for storage, the date on which the property was received for
				  storage, and the date on which the property was withdrawn from storage. Persons
				  holding an interest in stored property may, at any reasonable time, inspect the
				  warehouse keeper's records related to that property.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 97 - Public warehouse keepers › Section ATCP 97.16 - Inspection

Current through June 24, 2024
The department may inspect public warehouses as necessary to
				  secure compliance with this chapter. For purposes of inspection and
				  enforcement, the department may enter a public warehouse and inspect all
				  records which the public warehouse keeper is required to keep under s.
				  ATCP
				  97.14.
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 I - General Provisions › Section ATCP 99.01 - 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.
(2) "Audited
				  financial statement" has the meaning given in s.
				  126.01(3),
				  Stats.
(3) "Balance sheet" has the
				  meaning given in s.
				  126.01(4),
				  Stats.
(4) "Capacity" has the
				  meaning given in s.
				  126.25(1),
				  Stats.
(4m) "Contingent financial
				  backing amount" means the amount of contingent financial backing, if any, which
				  the department holds under s.
				  126.06,
				  Stats.
(5) "Contributing grain
				  dealer" has the meaning given in s.
				  126.10(3),
				  Stats.
(6) "Contributing grain
				  warehouse keeper" has the meaning given in s.
				  126.25(2),
				  Stats.
(7) "Deferred payment
				  contract" has the meaning given in s.
				  126.10(6),
				  Stats.
(8) "Depositor" has the
				  meaning given in s.
				  126.25(5),
				  Stats.
(8m) "Estimated default
				  exposure" has the meaning given in s.
				  126.16(1)
				  (c) 1, Stats., for a grain dealer, and in s.
				  126.31(1)
				  (b) 1, Stats., for a grain warehouse
				  keeper.
(9) "Fund" has the meaning
				  given in s.
				  126.01(11),
				  Stats.
(10) "Grain" has the meaning
				  given in s.
				  126.01(13),
				  Stats.
(11) "Grain dealer" has the
				  meaning given in s.
				  126.10(9),
				  Stats.
(12) "Grain producer" has
				  the meaning given in s.
				  126.10(10),
				  Stats.
(13) "Grain warehouse" has
				  the meaning given in s.
				  126.25(8),
				  Stats.
(14) "Grain warehouse
				  keeper" has the meaning given in s.
				  126.25(9),
				  Stats.
(14m) "Maximum fund
				  reimbursement" means the deductible amount specified in s.
				  126.72,
				  Stats.
(15) "Producer agent" has
				  the meaning given in s.
				  126.10(13),
				  Stats.
(16) "Procure grain" has the
				  meaning given in s.
				  126.10(11),
				  Stats.
(17) "Procure producer grain
				  in this state" has the meaning given in s.
				  126.10(12),
				  Stats.
(18) "Producer grain" has
				  the meaning given in s.
				  126.10(14),
				  Stats. "Producer grain" does not include grain that a producer has purchased
				  from another person, or represents as grain purchased from another
				  person.
(19) "Reviewed financial
				  statement" has the meaning given in s.
				  126.01(20),
				  Stats.
(20) "Warehouse receipt" has
				  the meaning given in s.
				  126.25(11),
				  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 II - Grain Dealers › Section ATCP 99.10 - General requirements

Current through June 24, 2024
A grain dealer 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 II - Grain Dealers › Section ATCP 99.11 - Grain dealer; annual report of grain purchases

Current through June 24, 2024
A grain dealer applying for an annual license under s.
					 126.11,
					 Stats., shall include in the sworn and notarized statement under s.
					 126.11(9),
					 Stats., the total number of bushels of producer grain, procured in this state,
					 for which the grain dealer paid during the grain dealer's most recently
					 completed fiscal year. If a license applicant has not yet operated as a grain
					 dealer, the statement shall estimate the total number of bushels of producer
					 grain, procured in this state, for which the applicant will pay during the
					 applicant's first full fiscal year of operation as a grain
					 dealer.
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 99.12 - Grain dealer; financial statement

Current through June 24, 2024
(1) GENERAL. A
				  grain dealer's financial statement filed under s.
				  126.13,
				  Stats., shall comply with this section and s.
				  126.13,
				  Stats.
(2) LIABILITY DISCLOSURES. A
				  financial statement filed under s.
				  126.13,
				  Stats., 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 filed under s.
				  126.13,
				  Stats., shall classify, as current liabilities, notes payable that do not have
				  specific due dates.
(4) ASSET
				  DISCLOSURES.
(a) A financial statement filed
				  under s.
				  126.13,
				  Stats., 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.
Note: "Affiliate" as defined in s.
					 99.01(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 grain dealer 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 II - Grain Dealers › Section ATCP 99.125 - Grain dealers; license fees and surcharges

Current through June 24, 2024
A person applying for an annual grain dealer license under
					 s.
					 126.11,
					 Stats., shall pay all of the following license fees and surcharges, rather than
					 the license fees and surcharges provided in s.
					 126.11(4),
					 Stats.:
(1) A nonrefundable license
				  processing fee of $25.
(2) A fee
				  obtained by multiplying the number of bushels reported under s.
				  ATCP
				  99.11 by 0.1 cent per bushel, and rounding the product
				  to the nearest $100, except that the fee may not be less than $100 or more than
				  $10,000.
(3) A fee of $100 per
				  business location in excess of one business location.
(4) A surcharge of $500 if, within 365 days
				  before submitting the license application, the applicant operated as a grain
				  dealer without a license in violation of s.
				  126.11(1),
				  Stats. The applicant shall also pay any license fees, license surcharges, and
				  fund assessments that are still due for any license year in which the applicant
				  violated s.
				  126.11(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.
				  126.13(1)
				  (b), Stats., by the deadline specified in s.
				  126.13(1)
				  (c), Stats.
(6) A surcharge of $100 if the applicant was
				  licensed as a grain dealer for the last preceding license year but failed to
				  file a license renewal application before the annual license expiration date of
				  August 31. This subsection does not apply to a grain dealer who is exempt from
				  licensing under s.
				  126.11(2),
				  Stats., but is voluntarily licensed.
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 99.126 - Contributing grain dealers; fund assessments

Current through June 24, 2024
(1) GENERAL. Except
				  as provided in sub. (5), a contributing grain dealer shall pay an annual fund
				  assessment for each license year. The annual fund assessment shall be
				  calculated under this section, rather than under s.
				  126.15(1),
				  Stats. Except as provided in sub. (4) or (5), the annual fund assessment shall
				  equal the sum of the assessments in subs. (2) and (3).
(2) BASIC ASSESSMENT.
(a) A contributing grain dealer who reports
				  less than $500,000 in grain payments under s.
				  126.11(9)
				  (a), Stats., shall pay a basic assessment
				  equal to the greater of the following amounts:
1. $100.
2. If the fund balance attributable to grain
				  dealers is less than $6 million on May 31 of the last preceding license year,
				  then the sum of the amounts calculated under s.
				  126.15(1)
				  (a) and (b), 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 II - Grain Dealers › Section ATCP 99.13 - 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 grain dealer under s.
				  126.15,
				  Stats., if all of the following apply:
(a)
				  The grain dealer paid the full amount of the assessment, including any late
				  payment penalties that apply under s.
				  126.15(7)
				  (d), Stats.
(b) The grain dealer 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 dealer's financial statement for the fiscal year in which the
				  merger or acquisition under par. (b) took effect.
(d) The grain dealer's financial statement,
				  for the fiscal year in which the merger or acquisition under par. (b) took
				  effect, caused the sum of the grain dealer's current ratio assessment rate
				  under s.
				  126.15(2),
				  Stats., and debt to equity ratio assessment rate under s.
				  126.15(4),
				  Stats., to increase by at least 100% compared to the preceding license
				  year.
(e) The grain dealer'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 dealer paid the assessment, the sum of the
				  grain dealer's current ratio assessment rate under s.
				  126.15(2),
				  Stats., and debt to equity assessment rate under s.
				  126.15(4),
				  Stats., declines by at least 50% compared to the license year for which the
				  grain dealer paid the assessment.
(g) The grain dealer requests the refund in
				  writing, by September 1 of the grain dealer'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 II - Grain Dealers › Section ATCP 99.135 - Reduced fund assessment for contributing grain dealers who also maintain security

Current through June 24, 2024
(1) VOLUNTARY SECURITY. A licensed grain
				  dealer may at any time file security with the department, regardless of whether
				  the grain dealer 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 other obligation to file security or pay fund assessments.
Note: A grain dealer 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
				  99.14(2).
(2) REDUCED ASSESSMENT. If, for the duration
				  of a license year, a contributing grain dealer maintains security under sub.
				  (1) in an amount that is at least equal to the grain dealer's estimated default
				  exposure less the maximum fund reimbursement amount, the contributing grain
				  dealer's annual fund assessment under s.
				  ATCP
				  99.126(1) for that year is reduced by
				  an amount that is determined as follows:
(a)
				  Subtract the maximum fund reimbursement from the grain dealer's estimated
				  default exposure.
(b) Divide the
				  result in par. (a) by the grain dealer's estimated default exposure.
(c) Multiply the result in par. (b) by the
				  amount of the grain dealer's annual fund assessment under s.
				  ATCP
				  99.126(1), disregarding any
				  assessment reduction under s.
				  ATCP
				  99.126(4) (a).
(d) Subtract, from the result in par. (c),
				  the amount of any assessment reduction given under s.
				  ATCP
				  99.126(4) (a).