Wisconsin Legislature: Ch. ATCP 151 TOC

ATCP 151.01(1)(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.

ATCP 151.01(2)(2) “Assent” means a signed statement by affected handlers consenting to the terms of this marketing agreement.

ATCP 151.01(3)(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.

ATCP 151.01(4)(4) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 151.01(5)(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.

ATCP 151.01(6)(6) “Marketing agreement assent form” means the document signed by an affected handler which binds the handler to the terms of the marketing agreement.

ATCP 151.01(7)(7) “Marketing year” means the one-year period beginning July 1 and ending the following June 30.

ATCP 151.01(8)(8) “Packaging” or “packages” means any bag, box, carton or other container of any size in which potatoes are enclosed.

ATCP 151.01(9)(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.

ATCP 151.01(10)(10) “Secretary” means the secretary of agriculture, trade and consumer protection.

ATCP 151.01(11)(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.

ATCP 151.01(12)(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.

ATCP 151.01(13)(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.

ATCP 151.01 HistoryHistory: Cr. Register, October, 1984, No. 346, eff. 11-1-84.

ATCP 151.02ATCP 151.02 Purpose. 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.

ATCP 151.02 HistoryHistory: Cr. Register, October, 1984, No. 346, eff. 11-1-84.

ATCP 151.03ATCP 151.03 Applicability of agreement.

ATCP 151.03(1)(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.

ATCP 151.03(2)(2) Exclusions. This marketing agreement does not include potatoes sold for processing.

ATCP 151.03 HistoryHistory: Cr. Register, October, 1984, No. 346, eff. 11-1-84.

ATCP 151.04ATCP 151.04 Marketing agreement contract terms.

ATCP 151.04(1)(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.

ATCP 151.04(2)(2) Renewal. Assent to the marketing agreement shall automatically renew for a one-year period on each July 1.

ATCP 151.04(3)(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.

ATCP 151.04(4)(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.

ATCP 151.04 HistoryHistory: Cr. Register, October, 1984, No. 346, eff. 11-1-84.

ATCP 151.05ATCP 151.05 Official grade; standards; adjustment of standards.

ATCP 151.05(1)(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).

ATCP 151.05(2)(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.

ATCP 151.05(3)(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.

ATCP 151.05 HistoryHistory: Cr. Register, October, 1984, No. 346, eff. 11-1-84.

ATCP 151.06ATCP 151.06 Wisconsin grade, minimum standards.

ATCP 151.06(1)(1) Grade requirements.

ATCP 151.06(1)(a)(a) Fresh use potatoes.

ATCP 151.06(1)(a)1.1. Wisconsin grade potatoes for fresh use shall consist of potatoes which are:

ATCP 151.06(1)(a)1.a.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.

ATCP 151.06(1)(a)1.b.b. Firm in that the potato is not shriveled or flabby.

ATCP 151.06(1)(a)1.c.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.

ATCP 151.06(1)(a)1.d.d. Fairly well shaped in that the potato is not materially pointed, dumbbell-shaped or otherwise materially deformed.

ATCP 151.06(1)(a)1.e.e. Washed.

ATCP 151.06(1)(a)1.f.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.

ATCP 151.06(1)(a)1.g.g. Free of frost damage or any evidence of freezing.

ATCP 151.06(1)(a)1.h.h. Free of blackheart, late blight, southern bacterial wilt, ring rot, soft rot, and wet breakdown.

ATCP 151.06(1)(a)1.i.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.

ATCP 151.06(1)(a)2.2. In order to allow for variations incident to proper grading and handling, not more than a total of 8% by weight of the potatoes in any lot may fail to meet the grade requirements set forth in subd. 1. a., b., d., e., g., h. and i., provided that included in this tolerance not more than the listed percentages shall be allowed for the following defects:

ATCP 151.06(1)(a)2.a.a. A 5% tolerance for external defects;

ATCP 151.06(1)(a)2.b.b. A 5% tolerance for internal defects;

ATCP 151.06(1)(a)2.c.c. A total tolerance of 3% for potatoes which are affected by freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown, except that not more than one percent of the lot may consist of potatoes which are frozen or affected by soft rot or wet breakdown.

ATCP 151.06(1)(b)(b) Seed potatoes. Wisconsin grade for seed potatoes shall consist of the same grade requirements and tolerances for defects as the Badger State Brand specified in s. ATCP 156.05.

ATCP 151.06(2)(2) Size requirements.