ATCP 151.08(1)
(1)
General. Potatoes may not be sold in packages labeled with the Wisconsin seal of quality and identified as potatoes meeting Wisconsin grade, unless they have been officially inspected by the department and official certificates have been issued showing the potatoes conform to the standards and requirements specified in the agreement, including grade standards, labeling requirements and inspection and certification requirements.
ATCP 151.08(2)
(2) Inspection. Inspection of potatoes under this agreement shall be made by the department under the U.S.D.A.-Wisconsin joint federal-state inspection agreement. All lots of potatoes shall be inspected at the point of loading or shipment. Inspection of potatoes shall be made according to standard procedures under the joint federal-state agreement.
ATCP 151.08(3)
(3) Request for inspection. Affected handlers intending to package potatoes in packages labeled with the Wisconsin seal of quality shall request the department to provide inspection services under this agreement. Priority for inspection services shall be given first to affected handlers who are under shipping point contractual arrangements of the joint federal-state agreement, and then to other affected handlers in the order in which requests for inspection services are received.
ATCP 151.08(4)
(4) Issuance of certificates. Official certificates shall be issued by department inspectors, and be based on a determination that the lot of potatoes under inspection meets the standards and requirements specified in the agreement. Potatoes certified as Wisconsin grade shall be loaded for shipment within 24 hours after inspection and issuance of the certificate or within 48 hours if the 24-hour period ends on a Saturday, Sunday or legal holiday. Potatoes not loaded within 24 hours shall be reinspected for compliance with Wisconsin grade standards, unless the 48 hours rule applies. Affected handlers shall keep copies of certificates issued by the department for a period of 2 years after the date of issuance. In the issuance of inspection certificates, the department makes no express or implied warranties as to the disease-free status of the potatoes, but certifies only that at the time of inspection the sample potatoes in each lot conformed to the quality standards and requirements of this marketing agreement.
ATCP 151.08(5)
(5) Certificate contents. The certificate issued by the department after inspecting each lot shall contain the following:
ATCP 151.08(5)(e)
(e) A statement indicating the potatoes meet the standards of this agreement;
ATCP 151.08(5)(f)
(f) License number of truck-trailer or identification number of the railroad car on which potatoes are shipped.
ATCP 151.08(6)
(6) Shipments. Shipments of potatoes under the agreement shall be accompanied by a copy of the official certificate covering the inspected lot and shall be attached to bills of lading or other shipping documents.
ATCP 151.08(7)(a)(a) The department may issue a holding order, pursuant to s.
97.12 (2), Stats., to prevent the shipment of potatoes which are labeled with the Wisconsin seal of quality, but which violate any standards of the marketing agreement and are misbranded under s.
97.03, Stats. The holding order shall prohibit the shipment or sale of the lot of potatoes identified in the order until the violation has been cured to the satisfaction of the department. The holding order shall specify the nature of the violation; whether the violation may be corrected; and, if the violation cannot be corrected, the manner in which the potatoes may be disposed. Potatoes subject to a holding order shall not be sold or shipped for any purpose, except as authorized by the department.
ATCP 151.08(7)(b)1.
1. Correct the violation to the satisfaction of the department, if possible;
ATCP 151.08(7)(b)2.
2. Re-sort and repackage the potatoes so as to comply with the marketing agreement standards; or
ATCP 151.08(7)(c)
(c) An affected handler after receiving a holding order shall have 7 days from the date of issue to certify in writing and document to the department the manner in which the violation has been corrected, or in which the disposal of the affected potatoes has been carried out. Failure of the handler to provide certification and documentation within the time specified constitutes a violation of the agreement.
ATCP 151.08 History
History: Cr.
Register, October, 1984, No. 346, eff. 11-1-84; correction in (5) made under s. 13.93 (2m) (b) 1., Stats.,
Register, September, 1999, No. 525.
ATCP 151.09(1)
(1)
Secretary. The department shall provide services for the administration of the marketing agreement, including:
ATCP 151.09(1)(a)
(a) Establishing a marketing agreement council to assist in the administration of this agreement.
ATCP 151.09(1)(b)
(b) Determining a fee schedule and procedures for collecting and depositing fees due.
ATCP 151.09(1)(e)
(e) Enforcing provisions of the agreement, subject to the discretion of the secretary.
ATCP 151.09 History
History: Cr.
Register, October, 1984, No. 346, eff. 11-1-84.
ATCP 151.10(1)(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.
ATCP 151.10(2)
(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.
ATCP 151.10(3)
(3) Duties. The duties of the marketing agreement council shall include the following:
ATCP 151.10(3)(a)
(a) Recommend to the secretary administrative rules relating to this agreement.
ATCP 151.10(3)(b)
(b) Receive and report to the secretary complaints of violations of this agreement.
ATCP 151.10(3)(d)
(d) Advise the secretary in the collection of such information and data as the secretary deems necessary for the proper administration of the agreement.
ATCP 151.10(3)(e)
(e) Recommend to the secretary methods by which administrative costs of the marketing agreement can be recovered.
ATCP 151.10 History
History: Cr.
Register, October, 1984, No. 346, eff. 11-1-84.
ATCP 151.11(1)(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.
ATCP 151.11(2)
(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.
ATCP 151.11(3)
(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.
ATCP 151.11(4)
(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.
ATCP 151.11 History
History: Cr.
Register, October, 1984, No. 346, eff. 11-1-84.
ATCP 151.12
ATCP 151.12 Records and reports. 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.
ATCP 151.12 History
History: Cr.
Register, October, 1984, No. 346, eff. 11-1-84.
ATCP 151.13
ATCP 151.13 Audits. 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.
ATCP 151.13 History
History: Cr.
Register, October, 1984, No. 346, eff. 11-1-84.
ATCP 151.14(1)
(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.
ATCP 151.14(2)
(2) Application of seal. No person may identify packages of potatoes as meeting Wisconsin grade without also applying the Wisconsin seal of quality.
ATCP 151.14(3)
(3) Nonresident sales. Nonresident handlers may not place potatoes in packages labeled with the Wisconsin seal of quality or Wisconsin grade.
ATCP 151.14(4)
(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.
ATCP 151.14(5)
(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.
ATCP 151.14(6)
(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.
ATCP 151.14 History
History: Cr.
Register, October, 1984, No. 346, eff. 11-1-84.
ATCP 151.15(1)(a)(a) The secretary shall monitor the payment of fees collected from affected handlers and compliance with and enforcement of the agreement.
ATCP 151.15(1)(b)
(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.
ATCP 151.15(2)
(2) Violations. Any person who violates a provision of this marketing agreement is subject to the penalties in s.
96.17, Stats.
ATCP 151.15 History
History: Cr.
Register, October, 1984, No. 346, eff. 11-1-84.
