ATCP 101.03(4)(c)(c) Agreement on yield and grade. If, because of adverse field conditions or because field harvest is impractical during the scheduled harvest period, a contractor is not able to harvest acreage which is otherwise suitable, the contractor and the producer may agree on the yield and grade of the unharvested acreage without field sampling under sub. (5), provided that all of the following apply: ATCP 101.03(4)(c)1.1. The agreement is made in writing and signed by the parties during the scheduled harvest period, and a copy is provided to the producer. ATCP 101.03(4)(c)2.2. The agreement clearly describes the field conditions deemed adverse or the reason why field harvest was deemed impractical. ATCP 101.03(4)(c)3.3. Before the agreement is made, the contractor discloses to the producer in writing that the producer has a right to have the field sampled for yield and grade in compliance with this subsection. If a producer requests field sampling, the contractor shall sample the field in compliance with par. (a) or (b). ATCP 101.03(5)(a)(a) General. If a contractor is required to estimate the yield or grade of unharvested acreage under sub. (4) (a), the contractor shall estimate the yield or grade using the field sampling procedure under this subsection. Field samples used to estimate yield or grade shall be collected when the unharvested vegetables are at maturity, and shall be collected from areas which are reasonably representative of the field. ATCP 101.03(5)(b)(b) Number of samples. Except as provided under par. (c), the number of samples collected under par. (a) shall be based on the size of the field as follows: ATCP 101.03(5)(b)1.1. At least 3 samples from different areas shall be taken from a field which is less than 40 acres. ATCP 101.03(5)(b)2.2. At least 5 samples from different areas shall be taken from a field which is 40 to 100 acres. ATCP 101.03(5)(b)3.3. At least 7 samples from different areas shall be taken from a field which is larger than 100 acres. ATCP 101.03(5)(c)(c) Different crop or soil conditions within field; subdivision of field. If significant differences of crop or soil conditions exist within a field, the field shall be divided so that crop and soil conditions are reasonably uniform within each subdivision. Each subdivision shall be treated as a separate field under par. (b). ATCP 101.03(5)(d)(d) Selecting sampling areas. The samples collected under par. (b) or (c) shall be collected from sampling areas alternately selected by the contractor and the producer. After the contractor and the producer have each selected an equal number of sample areas, the contractor and the producer shall jointly select the last sample area. ATCP 101.03(5)(e)(e) Sample areas defined. Each area sample under par. (d) shall consist of one of the following: ATCP 101.03(5)(e)1.1. If the vegetable is a row crop such as sweet corn or snap beans, each sample area shall be not less than 15 linear feet of a row. ATCP 101.03(5)(e)2.2. If vegetables, such as peas, are planted by either the drill or broadcast method, each sample area shall be a plot of not less than 25 square feet having dimensions of not less than 5 feet in length and width. ATCP 101.03(5)(f)(f) Sample weights. Each sample collected under this subsection shall be individually weighed. The weights of the individual samples shall be added together to obtain a combined sample weight for the field, which shall be divided by the number of samples to determine an average sample weight. Vegetable samples shall be weighed according to the following procedures for the respective commodity: ATCP 101.03(5)(f)1.1. Sweet corn shall be weighed after the ears are completely husked, and the stem and any excess tip are removed. ATCP 101.03(5)(f)2.2. Snap beans shall be weighed after all beans in the sample are removed from the vines. ATCP 101.03(5)(f)3.3. Sweet peas shall be weighed after all peas in the sample are removed from the pods. ATCP 101.03(5)(g)(g) Calculating yield per acre. The yield per acre of unharvested vegetables shall be calculated by performing the following sequential operations: ATCP 101.03(5)(g)1.1. Calculate the square footage of each sample area. For row crops, multiply the length of the row by the space between rows, measured in feet to 2 decimal places. ATCP 101.03(5)(g)3.ft.ft.) by the average square footage of the sample areas to determine the number of sampling units per acre. ATCP 101.03(5)(g)4.4. Multiply the number of sampling units per acre by the average sample weight under par. (f) to determine the yield in pounds per acre. ATCP 101.03(5)(g)5.5. Calculate the estimated yield for the unharvested field by multiplying the yield per acre by the number of acres in the field. ATCP 101.03(5)(h)(h) Documenting the yield estimate. Every yield estimate under this section shall be documented in writing, and a copy shall be provided to the producer. The documentation shall include: ATCP 101.03(5)(h)3.3. The date and time when the field was sampled and the yield estimate was made. ATCP 101.03(5)(h)4.4. The size of the field, the number of samples collected, and the calculations used to estimate the yield. If sampling methods or yield estimation methods differ from those prescribed under this section, the documentation shall specify the methods used. ATCP 101.03(5)(i)(i) Grading samples. If payment for unharvested vegetables is based on the quality or condition of the vegetables, the samples collected under this subsection shall be graded in compliance with ch. ATCP 155. ATCP 101.03 HistoryHistory: Cr. Register, December, 1992, No. 444, eff. 1-1-93. ATCP 101.04(1)(1) Declaration that acreage is abandoned. For payment purposes under s. ATCP 101.03, contracted vegetable acreage is considered suitable unless the contractor declares that the acreage is abandoned under this section. A contractor may declare that acreage is abandoned if any of the following apply: ATCP 101.04(1)(a)(a) The vegetable crop is destroyed, or rendered clearly unsuitable for processing, by drought, flood, wind, hail, frost or other natural peril. ATCP 101.04(1)(b)(b) The crop yield or grade, determined according to the procedure specified for unharvested suitable acreage under s. ATCP 101.03 (4), fails to meet the contractor’s reasonable minimum standard for harvest as specified in the vegetable procurement contract. ATCP 101.04(1)(c)(c) The crop is not suitable for processing because it contains illegal pesticide residues, or pesticide residues which exceed limits specified in the vegetable procurement contract. ATCP 101.04 NoteNote: Pesticide residues are illegal if, for example, they exceed legal tolerances on the vegetable crop, or if they resulted from the use of a pesticide which is not registered or labeled for use on that vegetable crop.
ATCP 101.04(2)(2) Form of declaration. If a contractor declares that acreage is abandoned under sub. (1), the contractor shall make that declaration in writing to the producer. The contractor shall specify the basis for the declaration under sub. (1). ATCP 101.04(3)(a)(a) Subject to par. (b), a contractor may require a producer of abandoned acreage to contribute to an unharvested acreage pool under s. ATCP 101.05, and may deduct the producer’s contribution from the amount paid to the producer for the abandoned acreage. ATCP 101.04(3)(b)(b) A contractor may not require a producer of abandoned acreage to contribute to an unharvested acreage pool unless all of the following apply: ATCP 101.04(3)(b)1.1. The producer’s pool contribution, expressed as a percentage deduction from the gross amount due the producer for the abandoned acreage, equals the percentage contribution made by every other producer of abandoned acreage. ATCP 101.04(3)(b)4.4. The pool contribution does not result in any net payment from the producer to the contractor. ATCP 101.04(4)(a)(a) If a contractor declares that acreage is abandoned under this section, the contractor may not require the producer to pay any supply or service charges, or make any pool contribution, which would result in a net payment from the producer to the contractor. ATCP 101.04(4)(b)(b) Paragraph (a) does not limit charges for supplies and services which the producer was free to obtain from sources other than the contractor. ATCP 101.04(5)(5) Contractor fault. This section does not relieve a contractor from any contract claim which a producer may have against a contractor because of the contractor’s failure to perform the contractor’s obligations under the contract. ATCP 101.04 HistoryHistory: Cr. Register, December, 1992, No. 444, eff. 1-1-93. ATCP 101.05ATCP 101.05 Unharvested acreage pool. A contractor may establish an unharvested acreage pool under this section. The unharvested acreage pool shall comply with all of the following requirements: ATCP 101.05(1)(1) Terms specified in contract. In each vegetable procurement contract with a pool participant, the contractor shall clearly specify the terms and conditions of the pool, including terms related to producer contributions, contractor contributions, and the use of pool funds. The same terms and conditions shall apply to every producer who participates in the pool. ATCP 101.05(2)(2) Pool coverage. Pool funds may be used only to pay for vegetable acreage contracted with pool participants. No pool may apply to more than one contract year. If a pool applies to more than one vegetable crop, the vegetable procurement contract shall clearly identify the crops included in the pool. ATCP 101.05(3)(a)(a) Pool participants and pool acreage shall be assigned to a specific pool when those participants sign vegetable procurement contracts for that acreage. Pool participants and pool acreage, once assigned to a pool, may not be reassigned to a different pool. ATCP 101.05(3)(b)(b) If any pool participants are located outside this state, the vegetable procurement contract shall identify all of the states in which pool participants are located. ATCP 101.05(4)(a)(a) A contractor may use pool funds to pay for unharvested suitable acreage or abandoned acreage. ATCP 101.05(4)(b)(b) If, because of low crop yield or grade, a producer is entitled to a smaller contract payment for harvested acreage than if that harvested acreage had been abandoned, a contractor may use pool funds to pay the producer the difference between the harvested acreage payment and the higher contract guarantee for abandoned acreage. ATCP 101.05(4)(c)(c) A contractor may not use pool funds for any purpose other than those specified under par. (a) or (b). Payments under pars. (a) and (b) are subject to the terms of the vegetable procurement contract. ATCP 101.05(5)(5) Producer contributions. In every vegetable procurement contract with a pool participant, the contractor shall clearly specify both of the following: ATCP 101.05(5)(a)(a) The circumstances under which the participant will be required to contribute to the pool, and the method by which contributions will be assessed. ATCP 101.05(5)(b)(b) The amount of the participant’s contribution to the pool, or the formula by which that contribution will be determined, subject to the maximum specified under sub. (6). ATCP 101.05(6)(a)(a) In every vegetable procurement contract with a pool participant, the contractor shall specify the participant’s maximum potential contribution to the pool. ATCP 101.05(6)(b)(b) The maximum contribution under par. (a) shall be stated as a maximum percentage deduction from the gross amount due the producer under the vegetable procurement contract. Producers of abandoned acreage may be subject to a different maximum contribution than producers of suitable acreage, provided that the different maximum contribution is clearly specified in the contract. ATCP 101.05(6)(c)(c) No contractor may require a pool participant to contribute more than the applicable maximum amount specified under this subsection. ATCP 101.05(7)(7) Contractor to match producer contributions. The contractor shall contribute to the pool an amount which is not less than the total of all producer contributions to the pool. ATCP 101.05(8)(a)(a) If, in any geographic area covered by a pool, a contractor grows the same vegetable crop on acreage owned or leased by the contractor, the contractor shall participate in the pool on the same basis as every other participating producer. ATCP 101.05(8)(b)(b) If the contractor participates as a producer under par. (a), the contractor’s pool contribution shall be treated as a producer contribution which the contractor shall also match with a separate contribution under sub. (7). ATCP 101.05(8)(c)(c) If a contractor participates as a producer under par. (a), the contractor is eligible for payments from the pool on the same basis as every other participating producer. ATCP 101.05(9)(9) Refunds to pool contributors. If the contractor collects more pool contributions than the contractor distributes to pool participants under sub. (4), the contractor shall refund all unused pool funds to pool contributors on a pro rata basis, based on the amount of each contributor’s pool contribution. If the contractor refunds pool funds to producers under this subsection, the contractor shall include each producer’s pro rata refund with the contractor’s final payment to the producer under the vegetable procurement contract. ATCP 101.05(10)(10) Information to producers. When the contractor makes final payment to a pool participant under a vegetable procurement contract, the contractor shall provide all of the following information to the pool participant: ATCP 101.05(10)(a)(a) The total amount that pool participants contributed to the pool. If the contractor participates as a producer under sub. (8), the contractor’s total contribution as a producer shall be stated separately. ATCP 101.05(10)(c)(c) The total amount of pool funds paid to pool participants under sub. (4). If the contractor received pool funds as a producer under sub. (8) (c), the amount paid to the contractor shall be stated separately. ATCP 101.05(10)(d)(d) The total number of suitable pool acres left unharvested, the number of pool participants who produced that unharvested suitable acreage, and the total amount of pool funds paid for unharvested suitable acreage. Instead of reporting the number of suitable pool acres left unharvested, the contractor may report that number as a percentage of total pool acres. ATCP 101.05(10)(e)(e) The total number of pool acres that were abandoned, the number of pool participants who produced that abandoned acreage, and the total amount of pool funds paid for abandoned acreage. If some of the abandoned acres were not eligible for pool payments, the contractor shall also report the total number of eligible acres and producers. Instead of reporting the number of pool acres that were abandoned, or the number of abandoned acres that were eligible for pool payments, the contractor may report those numbers as percentages of total pool acres. ATCP 101.05(10)(f)(f) The total number of harvested pool acres that were eligible for pool payments under sub. (4) (b), the number of pool participants who produced that eligible harvested acreage, and the total amount of pool funds paid under sub. (4) (b) for that eligible harvested acreage. Instead of reporting the number of pool acres that were eligible for pool payments under sub. (4) (b), the contractor may report that number as a percentage of total pool acres. ATCP 101.05(10)(g)(g) The total amount of pool funds, if any, that the contractor refunded to pool contributors under sub. (9). If the contractor contributed as a producer under sub. (8), the amount refunded to the contractor shall be stated separately. ATCP 101.05(11)(a)(a) For each unharvested acreage pool, the contractor shall keep complete and accurate records related to each of the items under sub. (10). ATCP 101.05(11)(b)(b) For each pool participant, the contractor shall keep accurate records of all of the following:
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Chs. ATCP 90-139; Trade and Consumer Protection
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