reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 148 - Ginseng marketing order › Section ATCP 148.01 - Definitions

Current through June 24, 2024
As used in this chapter:
(1) "Affected producer" means an individual,
				partnership, corporation or other business entity in Wisconsin engaged in the
				production of ginseng.
(2)
				"Ginseng" or "cultivated ginseng" means the dry roots, live roots, tissue
				culture or seeds produced from any cultivated variety of Panax quinquefolium
				L.
(3) "Handler" means any person,
				including a dealer, agent, or producer, who buys ginseng from an affected
				producer for resale into commercial channels.
(4) "Marketing board" means a ch. 181,
				Stats., non-stock corporation which consists of affected producers who are
				elected to serve as board members, and which is responsible for administering
				the ginseng marketing order pursuant to ch. 96, Stats., ch. ATCP 140, and this
				chapter.
(5) "Secretary" means the
				secretary of the state of Wisconsin department of agriculture, trade and
				consumer protection.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 148 - Ginseng marketing order › Section ATCP 148.02 - Purpose

Current through June 24, 2024
(1) The primary objectives of this marketing
				order are to improve the quality and expand sales of ginseng. This includes
				maintaining experimental gardens or programs for conducting research on root
				quality problems, pesticide applications and pesticide labeling; conducting
				consumer nutrition and health research related to ginseng consumption;
				improving methods and practices related to the marketing of ginseng; developing
				new markets for ginseng and ginseng products; and providing educational
				programs for producers, handlers and consumers.
(2) Funds collected under this order may be
				used by the marketing board to meet one or more of the objectives described
				under sub. (1). Funds may be used by the marketing board to sponsor projects in
				cooperation with any private or public organization to meet the objectives of
				this order.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 148 - Ginseng marketing order › Section ATCP 148.03 - Voting requirements; creation, amendment or termination

Current through June 24, 2024
This chapter shall not be adopted, amended or repealed until
				  the secretary finds that the proposed adoption, amendment or repeal has been
				  approved by not less than 50% of the producers voting in a referendum, and that
				  at least 50% of the eligible producers have voted in the
				  referendum.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 148 - Ginseng marketing order › Section ATCP 148.05 - Applicability of marketing order

Current through June 24, 2024
This chapter applies to all ginseng produced in the state and
				  sold into commercial channels, except for sales of ginseng seed and tissue
				  culture by a producer directly to any person, where the seed and tissue culture
				  are to be used only for planting the buyer's own ginseng
				  gardens.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 148 - Ginseng marketing order › Section ATCP 148.06 - Assessments

Current through June 24, 2024
(1) An affected producer shall pay, for each
				calendar year, an annual assessment for each acre of land that the producer has
				in ginseng production at any time during that calendar year. The ginseng board
				shall annually determine and publish the assessment rate per acre, which may
				not exceed $150 per acre. The assessment for any fraction of an acre shall be
				proportionate to the assessment per acre. The ginseng board may require
				affected producers to report acreage in ginseng production, and may use aerial
				photography or other reliable methods to verify reported acreage.
(4) Assessments due to the marketing board
				for each calendar year shall be payable to the board on or before each April 1
				of the next succeeding calendar year.
(5) Prior to March 1, 2009 and each year
				thereafter, the ginseng board shall determine the assessment amount owed by
				each affected producer under sub. (1) for the last completed calendar year, and
				shall issue to each producer a written notice showing the assessment amount
				owed by that producer. The assessment is due and payable when the producer
				receives the notice from the ginseng board. The ginseng board shall determine
				and record assessments in a manner that protects the confidentiality of
				producer information.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 148 - Ginseng marketing order › Section ATCP 148.07 - Records; inspection; reports

Current through June 24, 2024
(1) Each affected
				producer shall maintain accurate records of all ginseng production and sales to
				handlers. Each handler shall maintain accurate records and accounts of all
				ginseng purchased from affected producers by the handler. The secretary may
				require an affected producer or handler to make records available for
				inspection and copying by the department, or may require a producer or handler
				to file reports with the department, if the secretary determines that the
				inspection or filing is necessary to ensure compliance with this chapter. No
				information related to the individual businesses of producers and handlers may
				be disclosed to the public or marketing board members, except as otherwise
				provided under s.
				94.50,
				Stats.
(2) The secretary may
				require the marketing board to provide information necessary for enforcement of
				ch. 96, Stats., or this order.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 149 - Potato Marketing Order › Section ATCP 149.01 - Definitions

Current through June 24, 2024
As used in this chapter:
(1) "Affected producer" means an individual,
				partnership, corporation, or other business entity selling in commercial
				channels potatoes produced in this state on 5 or more acres which the producer
				owns or leases.
(2) "District"
				means an area of the state as defined in s.
				ATCP 149.03 from which
				representatives are elected to serve on the marketing board.
(3) "Handler" or "designated handler" means
				any person including an agent, broker, dealer, processor, or producer who buys
				potatoes from an affected producer and sells them in commercial channels or
				prepares an affected producer's potatoes for delivery into commercial
				channels.
(4) "Potatoes" means the
				production from any variety of Solanum tuberosum.
(5) "Potato industry board" or "marketing
				board" means a ch. 181, Stats., non-stock corporation consisting of affected
				producers elected to serve as board members, and which is responsible for
				administering the potato marketing order pursuant to ch. 96, Stats., ch. ATCP
				140 and this chapter.
(6)
				"Producer-handler" means any person who sells or delivers potatoes of their own
				production directly to wholesalers, retailers, consumers or non-resident
				handlers.
(7) "Secretary" means the
				secretary of the state of Wisconsin department of agriculture, trade and
				consumer protection.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 149 - Potato Marketing Order › Section ATCP 149.02 - Purpose

Current through June 24, 2024
(1) The primary objectives of this marketing
				order are to improve the quality and promote the marketing of potatoes and the
				potato industry. This may include conducting research on potato production,
				quality, and storage practices; improving methods and practices related to the
				production, processing or marketing of potatoes; developing new and existing
				markets for potatoes and potato products; and providing educational programs
				for producers, handlers, buyers and consumers.
(2) Funds collected under this order may be
				used by the potato industry board to meet one or more of the objectives
				described in sub. (1). Funds may be used by the potato industry board to
				sponsor projects in cooperation with any private or public organization to meet
				the objectives of this order.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 149 - Potato Marketing Order › Section ATCP 149.03 - Districts

Current through June 24, 2024
(1) The state shall be divided into 3
				districts for purposes of electing producers to the potato industry board and
				one producer shall be elected at large. The following counties shall constitute
				the respective districts:
(a) District 1.
				Ashland, Barron, Bayfield, Brown, Burnett, Chippewa, Clark, Door, Douglas,
				Dunn, Eau Claire, Florence, Forest, Iron, Kewaunee, Langlade, Lincoln,
				Marinette, Menominee, Oconto, Oneida, Pepin, Pierce, Polk, Price, Rusk, Sawyer,
				St. Croix, Taylor, Vilas, and Washburn counties.
(b) District 2. Marathon, Outagamie, Portage,
				Shawano, Waupaca and Waushara counties.
(c) District 3. Adams, Buffalo, Calumet,
				Columbia, Crawford, Dane, Dodge, Fond du Lac, Grant, Green, Green Lake, Iowa,
				Jackson, Jefferson, Juneau, Kenosha, LaCrosse, Lafayette, Manitowoc, Marquette,
				Milwaukee, Monroe, Ozaukee, Racine, Richland, Rock, Sauk, Sheboygan,
				Trempealeau, Vernon, Walworth, Washington, Waukesha, Winnebago and Wood
				counties.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 149 - Potato Marketing Order › Section ATCP 149.05 - Applicability

Current through June 24, 2024
(1) SCOPE. Unless otherwise excluded or
				exempt, this order is applicable to all potatoes grown in the state and sold
				into commercial channels, including potatoes sold for seed, processing or fresh
				consumption.
(2) EXCLUSIONS. This
				order does not include potatoes which are used in the household or on the farm
				of any affected producer.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 149 - Potato Marketing Order › Section ATCP 149.06 - Assessments

Current through June 24, 2024
(1) The potato industry board shall annually
				determine the rate of assessment to be levied and collected under this chapter
				on potatoes sold into commercial channels. The assessment may be increased by
				not more than one cent ($0.01) per hundredweight per year, but in no event
				shall the total assessment exceed 10 cents ($0.10) per hundredweight on
				potatoes sold into commercial channels. Hundredweights shall be determined on
				the basis of inspection certificates, scale tickets, invoices, bills of lading,
				manifests, settlement sheets or other sales or shipping documents, or any
				combination of these. Potatoes on which an assessment has been paid shall not
				be reassessed upon subsequent sale.
(2) Assessments shall be collected and paid
				by handlers or deducted from amounts due affected producers and shall become
				due to the potato industry board at the following times indicated for the
				respective type of transactions:
(a) When an
				affected producer delivers potatoes to a handler who prepares the potatoes for
				sale, assessments shall become due when title to the potatoes is transferred
				from the producer to the handler or the volume basis for payment is
				determined.
(b) When an affected
				producer delivers potatoes to a handler who acts as a broker or agent for the
				producer for shipment, assessments shall become due when the basis for payment
				is determined.
(c) When an affected
				producer delivers potatoes to a cooperative acting as an agent for the
				producer, assessments shall become due when the basis for payment is
				determined.
(d) When an affected
				producer who is also a producer-handler sells and delivers potatoes of his or
				her own production directly to wholesalers, retailers, consumers or
				non-resident handlers, assessments shall become due to the potato industry
				board when the basis for payment is determined and the potatoes are sold or
				delivered for sale.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 149 - Potato Marketing Order › Section ATCP 149.07 - Records; inspection; reports

Current through June 24, 2024
(1) Each affected
				producer shall maintain accurate records of all potato production and sales to
				handlers. Each producer-handler shall maintain accurate records of all potato
				production and sales to wholesalers, retailers, consumers or non-resident
				handlers. Each handler shall maintain accurate records and accounts of all
				potatoes purchased from or sold for affected producers by the handler. A
				separate record shall be maintained on a producer's or handler's own production
				which was handled by the producer or handler, acting as a producer-handler. The
				secretary may require an affected producer, producer-handler or handler to make
				records available for inspection and copying by the department, or may require
				a producer, producer-handler or handler to file reports with the department, if
				the secretary determines that the inspection or filing is necessary to ensure
				compliance with this chapter. No information related to the individual
				businesses of producers and handlers may be disclosed to the public or potato
				industry board members.
(2) The
				secretary may require the potato industry board to provide information
				necessary for enforcement of ch. 96, Stats., or this order.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 149 - Potato Marketing Order › Section ATCP 149.09 - Voting requirements; creation, amendment or termination

Current through June 24, 2024
This order shall not be adopted, amended or repealed until
				  the secretary finds that the proposed adoption, amendment or repeal has been
				  approved by not less than 50% of the producers voting in a referendum, and that
				  at least 50% of the eligible producers have voted in the
				  referendum.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 151 - Potato marketing agreement › Section ATCP 151.01 - Definitions

Current through June 24, 2024
As used in this chapter, unless the context requires
				  otherwise:
(1) "Affected handler"
				means an individual, partnership, corporation, cooperative or other business
				entity including a producer-handler, who is engaged in packaging and labeling
				potatoes in Wisconsin and has assented to the marketing agreement.
(2) "Assent" means a signed statement by
				affected handlers consenting to the terms of this marketing
				agreement.
(3) "Damage" means any
				defect, or any combination of defects, which materially detracts from the
				edible or marketing quality, or the internal or external appearance of the
				potato, or any external defect which cannot be removed without a loss of more
				than 5% of the total weight of the potato.
(4) "Department" means the state of Wisconsin
				department of agriculture, trade and consumer protection.
(5) "Holding order" means an official order
				issued by the department prohibiting the sale or shipment of potatoes when the
				potatoes fail to meet any of the standards of this agreement.
(6) "Marketing agreement assent form" means
				the document signed by an affected handler which binds the handler to the terms
				of the marketing agreement.
(7)
				"Marketing year" means the one-year period beginning July 1 and ending the
				following June 30.
(8) "Packaging"
				or "packages" means any bag, box, carton or other container of any size in
				which potatoes are enclosed.
(9)
				"Potatoes" means all varieties of Solanum tuberosum grown and packaged in the
				state of Wisconsin and sold or intended to be sold for fresh use or seed stock
				in commercial channels.
(10)
				"Secretary" means the secretary of agriculture, trade and consumer
				protection.
(11) "Serious damage"
				means any defect, any combination of defects, which seriously detracts from the
				edible or marketing quality or the internal or external appearance of the
				potato, or any external defect which cannot be removed without a loss of more
				than 10% of the total weight of the potato.
(12) "Wisconsin grade" means the official
				grade standard established under the agreement for any potato or lot of
				potatoes certified by inspection to meet Wisconsin grade standards.
(13) "Wisconsin seal of quality" means the
				official seal of quality established under this agreement which affected
				handlers may use on packages of potatoes certified to meet Wisconsin
				grade.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 151 - Potato marketing agreement › Section ATCP 151.02 - Purpose

Current through June 24, 2024
The objectives of this marketing agreement are to establish a
				  uniform grading standard for premium quality potatoes grown and packaged in
				  Wisconsin by affected handlers; to require inspection of potatoes sold as
				  Wisconsin grade and identified with the Wisconsin seal of quality; and to
				  promote the orderly and efficient marketing of premium quality Wisconsin
				  potatoes.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 151 - Potato marketing agreement › Section ATCP 151.03 - Applicability of agreement

Current through June 24, 2024
(1) SCOPE. This
				marketing agreement is applicable to all potatoes sold in commercial channels
				or being prepared for sale in packages identifying the potatoes as meeting
				Wisconsin grade and labeled with the Wisconsin seal of quality, according to
				the standards of this agreement. The department shall inspect potatoes intended
				for sale in packages displaying the Wisconsin seal of quality and certify that
				the potatoes meet the official grade standards and labeling requirements of the
				agreement.
(2) EXCLUSIONS. This
				marketing agreement does not include potatoes sold for processing.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 151 - Potato marketing agreement › Section ATCP 151.04 - Marketing agreement contract terms

Current through June 24, 2024
(1) INITIAL ASSENT.
				A handler may become a party to this agreement by signing a marketing agreement
				assent form. Any handler who assents to the agreement is an affected handler
				and thereby becomes subject to the requirements of and is afforded the full
				rights and privileges of this agreement. A handler may not participate in this
				agreement unless the handler individually or through a cooperative marketing
				association signs a marketing agreement assent form.
(2) RENEWAL. Assent to the marketing
				agreement shall automatically renew for a one-year period on each July
				1.
(3) POST-CREATION ASSENT.
				Handlers not previously assenting to the agreement may become affected handlers
				by signing a marketing agreement assent form at any later time during the term
				of the agreement. Handler assents occurring during the marketing year are
				renewable for one-year periods on the following July 1.
(4) WITHDRAWALS. Affected handlers may
				withdraw from the agreement by notifying the secretary in writing of their
				intent to withdraw at least 60 days prior to July 1 of any year.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 151 - Potato marketing agreement › Section ATCP 151.05 - Official grade; standards; adjustment of standards

Current through June 24, 2024
(1) OFFICIAL GRADE;
				GRADING STANDARDS. Potatoes under the marketing agreement shall be classified
				as "Wisconsin grade" potatoes, and shall conform to applicable grading
				standards under this chapter. Applicable standards may be adjusted as provided
				in sub. (3), provided that the standards meet or exceed the minimum standards
				set forth under s.
				ATCP
				151.06. The applicable standards are the minimum
				standards set forth under s.
				ATCP
				151.06, except as the applicable standards are
				otherwise adjusted under sub. (3).
(2) OFFICIAL SEAL OF QUALITY. The official
				seal of quality which may be used on packages of potatoes meeting Wisconsin
				grade shall be referred to as the "Wisconsin seal of quality." The Wisconsin
				seal of quality shall be used only by affected handlers provided the package
				complies with applicable labeling requirements under s.
				ATCP
				151.07.
(3) GRADING STANDARD ADJUSTMENTS. The
				secretary, in consultation with the marketing agreement council, may adjust the
				applicable grading standards for potatoes under the marketing agreement.
				Applicable grading standards may not be adjusted unless the department
				determines that at least 50% of the affected handlers who assented to the
				agreement assent to the proposed adjustment. An adjustment in applicable
				grading standards may become effective only on July 1 of any year. All affected
				handlers shall be notified in writing of the adjusted standards at least 60
				days before the adjusted standards are scheduled to take effect. Applicable
				standards shall at all times meet or exceed the minimum standards set forth
				under s.
				ATCP
				151.06.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 151 - Potato marketing agreement › Section ATCP 151.06 - Wisconsin grade, minimum standards

Current through June 24, 2024
(1) GRADE
				REQUIREMENTS.
(a)
Fresh use
				potatoes
.
1. Wisconsin grade
				potatoes for fresh use shall consist of potatoes which are:
a. Similar in varietal characteristics in
				that the potatoes in any lot have the same general shape, color and character
				of skin, and color of flesh.
b.
				Firm in that the potato is not shriveled or flabby.
c. Fairly clean in that at least 90% of the
				potatoes in any lot are reasonably free from dirt or staining and not more than
				a slight amount of loose dirt or foreign matter is present in the
				container.
d. Fairly well shaped in
				that the potato is not materially pointed, dumbbell-shaped or otherwise
				materially deformed.
e.
				Washed.
f. Slightly skinned, in
				that not more than 10% of the potatoes in the lot have more than 25% of the
				skin missing or feathered.
g. Free
				of frost damage or any evidence of freezing.
h. Free of blackheart, late blight, southern
				bacterial wilt, ring rot, soft rot, and wet breakdown.
i. Free from damage or serious damage
				resulting from external or internal defects as determined under standard
				procedures in the joint federal-state inspection agreement.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 151 - Potato marketing agreement › Section ATCP 151.07 - Wisconsin seal; labeling specifications

Current through June 24, 2024
The Wisconsin seal of quality shall be applied to packages of
				  potatoes which meet Wisconsin grade standards under this agreement in
				  accordance with the following specifications:
(1) SEAL DESIGN. The Wisconsin seal of
				quality shall consist of a simulated "ribbon" award of rectangular shape, in
				which the vertical dimension is 11/2 times longer than the horizontal
				dimension. The bottom portion of the rectangle shall approximate a 30°
				isosceles triangle with the bases of the rectangle and triangle coinciding. The
				words "WISCONSIN POTATOES" shall appear across the upper one-third of the seal
				in large, bold-faced type and be separated from the bottom two-thirds of the
				seal by a horizontal line extending across the seal. An outline typifying a
				potato with the word "Finest" in italic type superimposed on the outline of the
				potato shall appear in the lower two-thirds of the seal. All type or lettering
				shall be easily readable and so spaced and designed as to present a symmetrical
				appearance within the Wisconsin seal of quality as illustrated in the official
				model set forth below:
See
				  Image
The seal illustrated in the official model shall be used for
				  reproduction of the Wisconsin seal of quality in labeling packages of potatoes
				  which meet the Wisconsin grade. Illustrated positions of any segment of the
				  seal may not be altered. Any color or combination of colors may be used in
				  printing the seal.
(2)
				SEAL OF QUALITY LABELING REQUIREMENTS.
(a)
Fresh use potatoes.
Potatoes which meet Wisconsin grade
				requirements under this chapter and are intended for fresh use sale shall be
				labeled with the Wisconsin seal of quality which shall conform to the following
				dimensional requirements:
1. Bags or cartons.
				The seal of quality on bags or cartons of potatoes may be of any
				size.
2. Size and area limitations.
				The seal of quality may be used on the top, bottom, front, back or side panels
				of the package. The area covered by the seal or the combined area of multiple
				seals appearing on a package shall not exceed 20% of the total package area.
				Only one seal may appear on any single panel.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 151 - Potato marketing agreement › Section ATCP 151.09 - Administration

Current through June 24, 2024
(1) SECRETARY. The department shall provide
				services for the administration of the marketing agreement, including:
(a) Establishing a marketing agreement
				council to assist in the administration of this agreement.
(b) Determining a fee schedule and procedures
				for collecting and depositing fees due.
(c) Providing for inspection
				services.
(d) Determining
				compliance with the agreement.
(e)
				Enforcing provisions of the agreement, subject to the discretion of the
				secretary.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 151 - Potato marketing agreement › Section ATCP 151.10 - Marketing agreement council

Current through June 24, 2024
(1) MEMBERSHIP. A
				marketing agreement council consisting of 7 persons appointed by the secretary
				is established to assist in the administration of the agreement. Composition of
				the council shall be 5 affected handlers, one board member of and named by the
				potato industry board, and one member of the board of directors of and named by
				the Wisconsin potato and vegetable growers association.
(2) TERM OF OFFICE. The term of office of the
				5 affected handler members shall be for staggered 3 year terms. The initial
				term of office shall commence with the effective date of this agreement and end
				on the date corresponding with the end of the marketing year. The initial terms
				of the affected handler members shall be 3 years for 2 members, 2 years for one
				member, and one year for 2 members. Terms of office for council members from
				the potato industry board and the Wisconsin potato and vegetable growers
				association shall be for one year. Council members appointed as affected
				handlers may not serve more than one consecutive 3-year term, and council
				members appointed from the potato industry board and the Wisconsin potato and
				vegetable growers association may not serve more than 3 full terms in
				succession. All members shall serve until their successors have been
				appointed.
(3) DUTIES. The duties
				of the marketing agreement council shall include the following:
(a) Recommend to the secretary administrative
				rules relating to this agreement.
(b) Receive and report to the secretary
				complaints of violations of this agreement.
(c) Recommend to the secretary amendments to
				this agreement.
(d) Advise the
				secretary in the collection of such information and data as the secretary deems
				necessary for the proper administration of the agreement.
(e) Recommend to the secretary methods by
				which administrative costs of the marketing agreement can be
				recovered.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 151 - Potato marketing agreement › Section ATCP 151.11 - Fees

Current through June 24, 2024
(1) GENERAL. Each year the secretary shall,
				in consultation with the marketing agreement council, establish a schedule of
				fees and provide for the collection of fees to compensate the department for
				all expenses incurred in administering the agreement. Fees shall be limited to
				amounts necessary to cover costs of administrative services, including
				inspection services provided for under the agreement, and an adequate level of
				reserves. The secretary may use a fee schedule consisting of fixed and variable
				components in order to ensure recovery of the costs of administration. The
				secretary shall notify affected handlers of the schedule of fees to be in
				effect for the next year at least 60 days prior to the beginning of the
				marketing year.
(2) INITIAL YEAR
				FEES. For the first marketing year in which the marketing agreement is
				effective, each affected handler shall be liable to pay the fee of 1/2 cent
				($0.005) per hundredweight on all potatoes inspected for the standards of the
				agreement. This fee shall be in addition to the inspection fee established by
				the department under the joint federal-state inspection agreement. Fees shall
				be due at the time of inspection and payable according to the terms of the
				joint federal-state inspection agreement. In subsequent years, each affected
				handler shall be liable to pay the established fee in the manner prescribed by
				the secretary.
(3) FIXED FEES. If
				the secretary establishes a fixed component of the fee, that component may be
				due and payable in full or in installments at the dates determined by the
				secretary, provided that the notice required in sub. (1) has been given to
				affected handlers. Fees due shall be determined on the basis of certificates of
				inspection.
(4) ACCOUNTING. The
				secretary shall provide to each affected handler within 90 days after the end
				of each marketing year, an itemized accounting of all expenses incurred by the
				department in administering the agreement.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 151 - Potato marketing agreement › Section ATCP 151.12 - Records and reports

Current through June 24, 2024
Each affected handler shall maintain accurate records and
				  accounts of all potatoes sold in commercial channels. Records shall include,
				  but may not be limited to, names and addresses of buyers to whom potatoes were
				  sold, quantities of potatoes sold, inspected, and certified to meet Wisconsin
				  grade, and copies of certificates issued by the department. Each affected
				  handler shall maintain and submit reports to the secretary as the secretary may
				  require as often as necessary to ensure compliance with this agreement and the
				  proper collection of fees.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 151 - Potato marketing agreement › Section ATCP 151.13 - Audits

Current through June 24, 2024
The department may audit records of affected handlers or
				  their agents and producers as necessary to determine compliance with this
				  agreement. Audits may be conducted by the department on a routine basis or in
				  response to or on the basis of complaints.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 151 - Potato marketing agreement › Section ATCP 151.14 - Prohibited acts

Current through June 24, 2024
(1) MISBRANDING. No affected handler may
				sell, nor any other person may sell, offer for sale, have in possession with
				intent to sell, advertise, label, or otherwise represent potatoes in packages
				labeled with the Wisconsin seal of quality which are not officially inspected
				by the department and certified to meet the standards of this
				agreement.
(2) APPLICATION OF SEAL.
				No person may identify packages of potatoes as meeting Wisconsin grade without
				also applying the Wisconsin seal of quality.
(3) NONRESIDENT SALES. Nonresident handlers
				may not place potatoes in packages labeled with the Wisconsin seal of quality
				or Wisconsin grade.
(4) IMPROPER
				USE OF SEAL. No person may incorporate the Wisconsin seal of quality or the
				Wisconsin grade as the principal part of any private label or brand.
(5) ALTERATION OF SEAL. No person may mark,
				scratch, deface, or otherwise attempt to obliterate the Wisconsin seal of
				quality on any package or container of potatoes.
(6) MISREPRESENTATION. No person may engage
				in any act or practice or make any representation in selling potatoes which has
				the tendency or capacity to mislead any purchaser or consumer with respect to
				potatoes meeting Wisconsin grade requirements, or packages of potatoes bearing
				the Wisconsin seal of quality.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 151 - Potato marketing agreement › Section ATCP 151.15 - Enforcement

Current through June 24, 2024
(1) COMPLIANCE.
(a) The secretary shall monitor the payment
				of fees collected from affected handlers and compliance with and enforcement of
				the agreement.
(b) For the purpose
				of enforcing the agreement, the department and its agents shall have access at
				reasonable hours to any packing shed, warehouse or establishment in which
				potatoes are held for sale, or to enter any vehicles being used to transport or
				hold potatoes, in order to inspect packages of potatoes affected by this
				agreement.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 155 - Vegetable grading procedures and grade standards › Subchapter I - Definitions and General Requirements › Section ATCP 155.01 - Definitions

Current through June 24, 2024
As used in this chapter:
(1) "Contractor" means a vegetable contractor
				  as defined in s.
				  126.55(14),
				  Stats.
(2) "Department" means the
				  state of Wisconsin department of agriculture, trade and consumer
				  protection.
(3) "Procurement
				  contract" means a vegetable procurement contract as defined in s.
				  126.55(15),
				  Stats.
(4) "Producer" means a
				  vegetable producer as defined in s.
				  126.55(16),
				  Stats.
(5) "Tare" means the weight
				  of extraneous or foreign material in a load of vegetables which is deducted
				  from the gross weight to obtain net weight. "Tare" does not include culled,
				  substandard or undergrade vegetables.
(6) "Vegetables" means sweet corn, snap beans
				  or peas which are grown or sold for use in food processing, whether or not they
				  are actually processed as food.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 155 - Vegetable grading procedures and grade standards › Subchapter I - Definitions and General Requirements › Section ATCP 155.02 - Grade standards

Current through June 24, 2024
A determination of the condition or qualitative
					 classification of vegetables is a determination of grade. If the amount of
					 payment received by a producer under a vegetable procurement contract depends
					 on the grade of the vegetables, the grade of the vegetables shall be determined
					 according to one of the following:
(1)
				  Applicable grade standards adopted by the federal department of agriculture
				  under
				  7
				  USC 1621 et seq.
(2) Alternative grade standards which are
				  clearly specified in writing in the procurement contract.
Copies of USDA grade standards for snap beans for
						processing, fresh shelled peas for canning or freezing, and sweet corn for
						processing are on file with the department, the secretary of state, and the
						legislative reference bureau. Copies may be obtained from the department.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 155 - Vegetable grading procedures and grade standards › Subchapter I - Definitions and General Requirements › Section ATCP 155.03 - Grading procedures

Current through June 24, 2024
(1) GENERAL. Vegetables grown under a
				  procurement contract, if graded for payment purposes, shall be received,
				  handled and graded in compliance with this subchapter and crop-specific
				  requirements under subchs. II to IV.
(2) LOADING RECEIPT. When a contractor
				  receives vegetables under a procurement contract, the contractor shall
				  immediately provide the producer with a signed receipt for the vegetables. If
				  the contractor harvests the vegetables, or receives the vegetables at the
				  harvest site, the contractor shall provide the producer with a receipt for each
				  load of vegetables before that load leaves the harvest field. The contractor
				  may leave the loading receipt in a receptacle provided by the producer at the
				  harvest field. The receipt shall include all of the following information:
(a) The name and address of the contractor
				  and carrier.
(b) The identity of
				  the producer.
(c) The location of
				  the harvest field.
(d) The date and
				  beginning time of harvest.
(e)
				  Identification of the load of vegetables, including the license number of the
				  transport vehicle used to haul the load of vegetables.
(f) Signature of the contractor or agent of
				  the contractor.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 155 - Vegetable grading procedures and grade standards › Subchapter I - Definitions and General Requirements › Section ATCP 155.05 - Recordkeeping

Current through June 24, 2024
(1) RECORDS REQUIRED. Every contractor shall
				  maintain copies of the following records for each producer with whom the
				  contractor has entered into a procurement contract:
(a) Procurement contracts.
(b) Loading receipts under s.
				  ATCP
				  155.03(2).
(c) Sampling information under s.
				  ATCP
				  155.03(3).
(d) Load weight statements under s.
				  ATCP
				  155.03(4).
(e) Grade statements under s.
				  ATCP
				  155.03(5).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 155 - Vegetable grading procedures and grade standards › Subchapter I - Definitions and General Requirements › Section ATCP 155.06 - Weighing and measuring devices

Current through June 24, 2024
(1) GOOD WORKING
				  ORDER. Scales and other measuring devices used in weighing, sampling and
				  grading vegetables shall be maintained in good working order.
(2) ANNUAL INSPECTION AND TESTING. Every
				  scale and measuring device used in weighing, sampling or grading farm products
				  shall be inspected and tested for accuracy annually by the manufacturer of the
				  equipment or an independent testing or service company. Inspection and testing
				  shall comply with applicable specifications, tolerances, standards and
				  procedures required by the national institute of standards and technology and
				  the department. Test weights shall be approved by the department. Annual tests
				  and inspections shall be at the expense of the owner or operator of the scale
				  or measuring device.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 155 - Vegetable grading procedures and grade standards › Subchapter II - Grading Procedure for Snap Beans for Processing › Section ATCP 155.11 - Grading deadline

Current through June 24, 2024
(1) GENERAL. Snap beans for processing shall
				  be weighed, sampled, and graded as soon as reasonably possible after harvest,
				  but not longer than 18 hours after harvest. The contractor shall take necessary
				  and reasonable precautions to preserve the condition of the snap beans at time
				  of harvest until they are graded.
(2) DELAY DUE TO EXTRAORDINARY CIRCUMSTANCES;
				  NOTICE. The contractor shall give oral notice to the producer within 18 hours
				  after harvest if, due to extraordinary circumstances, the snap beans cannot be
				  weighed, sampled and graded within the time provided under sub. (1). Within 7
				  days after harvest, the contractor shall mail or deliver written notice to the
				  producer, describing the extraordinary circumstances which justify the
				  contractor's failure to comply with sub. (1).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 155 - Vegetable grading procedures and grade standards › Subchapter II - Grading Procedure for Snap Beans for Processing › Section ATCP 155.12 - Sampling procedure

Current through June 24, 2024
(1) REPRESENTATIVE SAMPLING. Each load of
				  snap beans shall be graded on the basis of a grading sample collected under s.
				  ATCP
				  155.03(3). The grading sample shall
				  be collected in compliance with this section. The composite grading sample
				  shall be representative of the entire load of snap beans and shall reflect all
				  qualitative gradations observed in the load by the person who collects the
				  sample.
(2) COMPONENT SAMPLES;
				  COMPOSITE SAMPLE. At least 10 5-1b. samples of snap beans shall be individually
				  collected from each load of snap beans. The 5-1b. samples shall be combined and
				  thoroughly mixed to form a composite sample weighing not less than 50 lbs. The
				  composite sample shall be used to determine tare for a load of snap
				  beans.
(3) GRADING SAMPLE DRAWN
				  FROM COMPOSITE SAMPLE. A grading sample weighing at least 10 lbs. shall be
				  taken from the thoroughly mixed 50 lb. composite sample under sub. (2). The
				  10-1b. grading sample shall be used to determine the grade and size of snap
				  beans.
(4) TARE. Actual tare shall
				  be used in grading snap beans. Actual tare is the amount deducted from the
				  gross weight of the composite sample for extraneous material only. Extraneous
				  material consists of bean vines and leaves, weeds, stones, sticks, loose dirt
				  or other foreign material. All vines attached to beans shall be detached in
				  determining the grade, and shall be included with the extraneous
				  material.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 155 - Vegetable grading procedures and grade standards › Subchapter II - Grading Procedure for Snap Beans for Processing › Section ATCP 155.13 - Grading and sizing procedure

Current through June 24, 2024
(1) GRADE
				  STANDARDS. Snap beans shall be graded for grade characteristics using USDA
				  grade standards or alternative standards specified in writing in the
				  procurement contract.
(2) SIZE
				  GRADING. If snap beans are size graded, the grader shall size grade the sample
				  in accordance with USDA size classification standards. When sizing snap beans,
				  the beans shall be fed slowly and evenly through the sizer to avoid crowding.
				  Sieve size No. 5 beans and larger shall be passed through the sizer at least a
				  second time. The largest and smallest looking beans in each size classification
				  shall be sized with a hand sizer to ensure the beans are identified in the
				  proper size classification.
(3)
				  SIZING EQUIPMENT. Mechanical sizing equipment shall be tested, calibrated and
				  certified by the manufacturer of the equipment or an independent certification
				  agency prior to each harvest season and recalibrated as often as necessary.
				  Sizing equipment shall be cleaned daily, or more frequently if required, and
				  shall be maintained in good working condition.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 155 - Vegetable grading procedures and grade standards › Subchapter II - Grading Procedure for Snap Beans for Processing › Section ATCP 155.14 - Grade statement

Current through June 24, 2024
Within 7 days after a load of snap beans is harvested, the
					 contractor shall provide the producer with a grade statement for that load, as
					 required by s.
					 ATCP
					 155.03(5). A contractor shall orally
					 provide grade information on request of the producer made prior to delivery of
					 the written grade statement. The grade statement shall state the percentage by
					 weight of snap beans in each bean size classification and grade category
					 specified in the contract, as determined by the grader under this subchapter.
					 The grade statement shall also include the information required under s.
					 ATCP
					 155.03(5).
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 155.20 - Grading deadline

Current through June 24, 2024
(1) GENERAL. Fresh shelled peas for canning
				  or freezing shall be weighed, sampled and graded as soon as reasonably possible
				  after harvest, but not longer than 6 hours after harvest. The contractor shall
				  take reasonable and necessary precautions to preserve the condition of the peas
				  at the time of harvest until the peas are graded.
(2) DELAY DUE TO EXTRAORDINARY CIRCUMSTANCES;
				  NOTICE. The contractor shall give oral notice to the producer within 6 hours
				  after harvest if, due to extraordinary circumstances, the peas cannot be
				  weighed, sampled and graded within the time provided under sub. (1). Within 7
				  days after harvest, the contractor shall mail or deliver a written notice to
				  the producer, describing the extraordinary circumstances which justify the
				  contractor's failure to comply with sub. (1).