Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 101 - Vegetable Contractors › Subchapter II - Financial Standards and Security › Section ATCP 101.26 - Disclosure to producers

Current through June 24, 2024
(1) DISCLOSURE
				  REQUIRED. A vegetable contractor shall make a disclosure under sub. (2) to
				  every vegetable producer and producer agent with whom the vegetable contractor
				  enters into a vegetable procurement contract. The vegetable contractor shall
				  make the disclosure, in the form prescribed under sub. (2), as part of each
				  proposed vegetable procurement contract offered to the vegetable producer or
				  producer agent. The disclosure shall be clear and conspicuous, and shall be set
				  apart from every other writing.
(2)
				  FORM OF DISCLOSURE. A disclosure under sub. (1) shall consist of a verbatim
				  copy of one of the following statements, as applicable:
(a) Except as provided in par. (b) or (c),
				  the following statement if the vegetable contractor's estimated default
				  exposure is equal to or less than the sum of the maximum fund reimbursement
				  amount and any security amount the vegetable contractor has on file with the
				  department:
IMPORTANT NOTICE
[Name of vegetable contractor] participates in Wisconsin's
					 Agricultural Producer Security program as a licensed vegetable contractor. If
					 we fail to pay you for vegetables when payment is due, you may file a claim
					 under this program. The program may reimburse up to 90% of the first $40,000 of
					 your allowed claim, 85% of the next $40,000, 80% of the next $40,000, and 75%
					 of any additional amount. For more information, you may contact the Wisconsin
					 Department of Agriculture, Trade and Consumer Protection, 2811 Agriculture
					 Drive, P. O. Box 8911, Madison, WI 53708-8911 (phone 608/224-4998).
(b) The following statement if the
				  vegetable contractor's estimated default exposure exceeds the sum of the
				  maximum fund reimbursement amount and any security amount the vegetable
				  contractor has on file with the department:
IMPORTANT NOTICE
[Name of vegetable contractor] participates in Wisconsin's
					 Agricultural Producer Security Program as a licensed vegetable contractor. If
					 we fail to pay you for vegetables when payment is due, you may file a claim
					 under this program. The program may reimburse up to 90% of the first $40,000 of
					 an allowed claim, 85% of the next $40,000, 80% of the next $40,000, and 75% of
					 any additional amount. However, our "estimated default exposure" exceeds
					 available reimbursement funding, so reimbursement may cover a much smaller
					 portion of your loss. For more information, you may contact the Wisconsin
					 Department of Agriculture, Trade and Consumer Protection, 2811 Agriculture
					 Drive, P. O. Box 8911, Madison, WI 53708-8911 (phone 608/224-4998).
(c) The following statement if the
				  vegetable contractor is not required to contribute to the fund or file security
				  with the department, and has not done so voluntarily:
IMPORTANT NOTICE
[Name of vegetable contractor] does not contribute to
					 Wisconsin's Agricultural Producer Security Program, and has not filed security
					 under the program. The program will therefore provide no compensation if we
					 fail to pay you for vegetables. For more information, you may contact the
					 Wisconsin Department of Agriculture, Trade and Consumer Protection, 2811
					 Agriculture Drive, P. O. Box 8911, Madison, WI 53708-8911 (phone 608/224-4998).