ATCP 156.01(11)(11) “Field inspection” means inspection of growing potato plants on a farm where seed potatoes are produced. ATCP 156.01(12)(12) “Foundation seed potatoes” means seed potatoes that are certified for use in the production of other certified seed potatoes. “Foundation seed potatoes” includes all of the following: ATCP 156.01(12)(a)(a) Foundation seed potatoes certified, classified and graded as foundation seed potatoes under this chapter, including Badger State Brand Foundation seed potatoes and Yellow Tag Grade Foundation seed potatoes. ATCP 156.01 NoteNote: Foundation seed potatoes may be produced from, among other things, “Elite Source” potatoes produced by the college. See s. ATCP 156.03 (1). ATCP 156.01(12)(b)(b) Seed potatoes that the seed certification agency in another state has certified, classified and graded as foundation seed potatoes for use as seed for certified seed potatoes, under standards equivalent to those in this chapter as determined by the college. ATCP 156.01(13)(13) “Internal defect” means any defect that cannot be detected without cutting the potato. “Internal defect” includes any of the defects listed in s. ATCP 156.11 (2). ATCP 156.01(14)(14) “Internal discoloration” means discoloration on the inside of a potato, including discoloration caused by necrosis, stem-end browning or internal brown spot. ATCP 156.01(16)(16) “Leafroll” means the condition caused by leafroll virus. ATCP 156.01(17)(17) “Line” means all generations of propagative material descended from a single tissue culture plantlet, or from a single set of tissue culture plantlets of the same potato variety or selection. “Line” does not include other tissue culture plantlets subsequently produced from tubers or plants in the line, or any propagative material descended from those other tissue culture plantlets. ATCP 156.01(18)(18) “Lot” means potatoes of the same variety and line that are produced from the same type of propagative material from the same source, and are grown on the same farm in the same year. ATCP 156.01(19)(19) “Microtubers” means pathogen-free tubers produced aseptically in tissue culture. ATCP 156.01(20)(20) “Minitubers” means tubers produced from plants grown in pots, or in a hydroponic system, in a controlled environment such as a greenhouse. ATCP 156.01(21)(21) “Mosaics” means symptoms caused by potato virus Y, X or A. “Mosaics” includes symptoms, produced by other viruses, which are similar to those produced by virus Y, X or A. ATCP 156.01(22)(22) “Nematode or tuber moth injury” means the presence of nematode or tuber moth, or the evidence of nematode or tuber moth activity. ATCP 156.01(23)(23) “Person” means an individual, corporation, partnership, cooperative, limited liability company, or other legal entity. ATCP 156.01(24)(24) “Plant variety protection act” means the United States plant variety protection act, 7 USC 2321 et seq., as amended. ATCP 156.01(25)(25) “Pre-approved” means approved by the college, in writing, prior to being planted in the field. ATCP 156.01(26)(26) “Propagative material” means tubers, tuber portions, microtubers, minitubers, tissue-culture plantlets, or potato plants used to produce seed potatoes. “Propagative material” includes foundation seed potatoes. ATCP 156.01(27)(27) “Seed certification agency” means a state agency, state academic institution, or state grower organization that is responsible for certifying seed potatoes and issuing certification documentation for seed potatoes or propagative materials. ATCP 156.01(28)(28) “Seed potato” means a tuber, minituber or microtuber that is used, or that is held, offered, sold or distributed for use, for the field propagation of potatoes. ATCP 156.01(29)(29) “Seed potato grower” means a person, other than the college, who produces seed potatoes on land in this state that the person owns or controls. ATCP 156.01(30)(30) “Sell” means to contract for sale, offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale. ATCP 156.01(31)(31) “Serious damage” means any defects, except sunburn, greening or hollow heart, which seriously detract from the internal or external appearance of a potato, or which cannot be removed without removing more than 10% of the total weight of the potato. “Serious damage” includes any of the defects identified in s. ATCP 156.11 (3). ATCP 156.01(32)(32) “Soft rot or wet breakdown” means any soft, mushy, or leaky condition of seed potato tissue. ATCP 156.01(33)(33) “Spindle tuber” means the condition caused by potato spindle tuber viroid (PSTVd). ATCP 156.01(35)(35) “Tissue culture plantlet” means a pathogen-free potato plant grown aseptically, from a tissue sample, in an aseptic artificial medium. ATCP 156.01 HistoryHistory: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07. ATCP 156.02ATCP 156.02 Seed potato certification; general. ATCP 156.02(1)(1) Certification by college. The college may certify a lot of seed potatoes at the request of the seed potato grower if the college finds that the lot meets applicable standards under s. ATCP 156.03. Certification does not constitute a warranty by the college, and does not extend to any disease or condition that cannot be observed by visual inspection of potato plants or tubers. ATCP 156.02(2)(2) Classifying certified seed potatoes. The college shall classify, according to s. ATCP 156.05, each lot of seed potatoes that it certifies under sub. (1). Classification does not constitute a warranty by the college. ATCP 156.02(3)(3) Certification documents. The college shall issue a certification under sub. (1) in writing, and shall provide copies of the certification documents to the seed potato grower. The certification documents shall include all of the following: ATCP 156.02(3)(c)(c) The certification date and the year to which the certification applies. ATCP 156.02(3)(d)(d) The location of the farm on which the certified seed potatoes are grown. ATCP 156.02(3)(g)(g) The classification assigned to the certified seed potatoes under sub. (2) and the basis for that classification. ATCP 156.02(3)(h)(h) The nature and source of the propagative material used to produce the certified lot. ATCP 156.02 NoteNote: Certified seed potatoes must be produced from propagative material that complies with s. ATCP 156.03 (1). ATCP 156.02(3)(i)(i) The result of each of the following inspections or tests conducted on the certified lot: ATCP 156.02(3)(i)3.3. Each post-harvest test under s. ATCP 156.04 (3). If the college certifies a lot of seed potatoes before completing the post-harvest test under s. ATCP 156.04 (3), the college shall issue the result of the post-harvest test in writing when the test is complete. ATCP 156.02 NoteNote: The college must perform a post-harvest test before certifying foundation seed potatoes (see s. ATCP 156.04 (3) (a)). The college may certify other seed potatoes before completing a post-harvest test, but must withdraw the certification if the post-harvest test shows a violation of certification standards. ATCP 156.02(3)(j)(j) A statement that the certification applies only if the certified lot is also graded under subch. III. ATCP 156.02(3m)(3m) Certification tags. Whenever the college certifies a lot of seed potatoes, the college shall provide the seed potato grower with an appropriate number of certification tags. The seed potato grower may attach the tags to shipments of seed potatoes from the certified lot, once the department has graded the seed potatoes under subch. III. ATCP 156.02(4)(a)(a) No person may sell or represent potatoes as Wisconsin certified seed potatoes unless the potatoes are all of the following: ATCP 156.02(4)(a)3.3. Labeled according to this subchapter and subch. III. Labeling shall include the classification assigned under sub. (2) and the grade assigned under subch. III. ATCP 156.02(4)(b)(b) No person may represent seed potatoes, certified in another state, as Wisconsin certified seed potatoes. ATCP 156.02(4)(c)(c) No person may misrepresent the terms, conditions or basis for any seed potato certification, including any information related to seed potato classification, inspection findings, lab test findings, line or source. ATCP 156.02 NoteNote: Subsection (4) is adopted under s. 100.20 (1), Stats. The college may withdraw a violator’s certification, pursuant to sub. (9). The department may also prosecute fraudulent claims pursuant to s. 100.20 (6) or 100.26, Stats. A buyer who suffers a monetary loss because of a fraudulent claim may bring a private court action for double damages, costs and attorney fees, pursuant to s. 100.20 (5), Stats. ATCP 156.02(5)(5) Certification by another state. No person may sell or represent potatoes as seed potatoes certified by another state unless all of the following apply: ATCP 156.02(5)(a)(a) The seed certification agency in the other state has certified, classified and graded the seed potatoes according to standards that are equivalent to the standards in this chapter as determined by the college. ATCP 156.02(5)(b)(b) The potatoes are labeled to show their state of origin, and their certification, classification and grade under par. (a). ATCP 156.02(5)(c)(c) The potatoes are accompanied by certification documentation, issued by the seed certification agency in the other state, which is equivalent to the certification documentation under sub. (3) as determined by the college. The seller shall make the certification documentation available to the college and the department, for inspection and copying, upon request. ATCP 156.02(5)(d)(d) The other state acknowledges Wisconsin seed potato certification, subject to terms that are no more restrictive than the terms in this subsection. ATCP 156.02 NoteNote: Subsection (5) is adopted under s. 100.20 (1), Stats. The college may withdraw a violator’s certification, pursuant to sub. (9). The department may also prosecute fraudulent claims pursuant to s. 100.20 (6) or 100.26, Stats. A buyer who suffers a monetary loss because of a fraudulent claim may bring a private court action for double damages, costs and attorney fees, pursuant to s. 100.20 (5), Stats. ATCP 156.02(6)(6) Applying for certification. A seed potato grower shall apply for certification under sub. (1) by June 15 of the year in which the grower produces the seed potatoes. The grower shall apply to the college on a form provided by the college. The application shall include all of the following: ATCP 156.02(6)(c)(c) The total acreage of potatoes planted on the farm, and the total acreage proposed for certification. ATCP 156.02 NoteNote: A grower who applies for certification of seed potatoes may not plant, on the same farm in the same year, any potatoes or propagative materials except those listed in s. ATCP 156.03 (1). See s. ATCP 156.03 (2) (c). ATCP 156.02(6)(d)(d) A description of each separate lot of seed potatoes proposed for certification. The description of each lot shall comply with sub. (7). ATCP 156.02(6)(f)(f) An agreement to pay the college’s reasonable certification costs, as determined by the college, including costs for all of the following: ATCP 156.02(6)(g)(g) Other relevant information requested by the college, for purposes of certification. ATCP 156.02 NoteNote: A seed potato grower may obtain an application form under sub. (6) by contacting the college. The college maintains a certification field office in Antigo, Wisconsin. A grower may also obtain application information by visiting the college website at: http://www.plantpath.wisc.edu/wspcp/. ATCP 156.02(7)(7) Lot description. A lot description under sub. (6) (d) shall include all of the following: ATCP 156.02(7)(a)(a) The potato variety. If the variety is protected under the plant variety protection act, the application shall document that the seed potato grower has the right to grow and sell the protected variety.
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