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. ATCP 156.02(7)(c)(c) A description of the propagative material used to produce the lot. The description shall do all of the following: ATCP 156.02(7)(c)3.3. Include a certification document under sub. (3) or (5) (c) if the propagative material consists of certified seed potatoes. ATCP 156.02(8)(8) Fraudulent application. No person may submit any false or fraudulent information in connection with a certification application under sub. (6). ATCP 156.02(9)(a)(a) The college may, by written notice, deny or withdraw a certification under sub. (1) if the college finds any of the following: ATCP 156.02(9)(a)2.2. The college issued the certification based on false or fraudulent information. ATCP 156.02 NoteNote: A seed potato grower may request a meeting with college staff to discuss a certification denial or withdrawal under sub. (9). If the matter cannot be resolved by the grower and the college, the grower may request a contested case hearing before the department, pursuant to s. 227.42, Stats., and ch. ATCP 1. See s. ATCP 156.08. ATCP 156.02 HistoryHistory: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07. ATCP 156.03(1)(1) Propagative material used to grow the certified seed potatoes. Certified seed potatoes shall be grown from one of the following: ATCP 156.03(1)(a)(a) Foundation seed potatoes produced, on the same farm, by the seed potato grower requesting certification. ATCP 156.03(1)(b)(b) Foundation seed potatoes produced on another farm in this state, if pre-approved by the college. ATCP 156.03 NoteNote: The college produces “Elite Source” potatoes that may be used under par. (c) to grow foundation seed potatoes. “Elite Source” potatoes comply with all of the standards in this subchapter, and are labeled to show the number of years of field propagation on the college farm. The college rigidly screens the potatoes for disease, using accepted indexing methods.
ATCP 156.03(1)(d)(d) Propagative material that is pre-approved by the college and produced in a laboratory or greenhouse approved under s. ATCP 156.07. ATCP 156.03(1)(e)(e) Foundation seed potatoes certified by another state, under standards equivalent to those in this chapter, and pre-approved by the college. ATCP 156.03(1)(f)(f) Propagative material produced by a breeding program that is pre-approved by the college. The college may approve the propagative material if the college does all of the following: ATCP 156.03(1)(f)1.1. Finds that the material was produced under conditions that reasonably limit the threat of disease or variety mixture. ATCP 156.03(1)(f)2.2. Conducts field and harvest inspections of the propagative material, equivalent to the inspections under s. ATCP 156.04 (1) and (2), and finds that the propagative material meets standards equivalent to the certification standards under s. ATCP 156.03 (3) to (5). ATCP 156.03 NoteNote: The college may pre-approve propagative material from a recognized breeding program, even though the program does not employ a limited-generation scheme. Recognized breeding programs evaluate potato lines for agronomic characteristics, and most of the lines are derived from true seed rather than tissue culture. Seed potatoes descended from the propagative material may be certified for a maximum of 3 years. See s. ATCP 156.05 (2). ATCP 156.03 NoteNote: Sub. (6) (a) 3. allows a grower to produce foundation seed potatoes from non-foundation certified seed potatoes under special circumstances, when the grower is recovering from a bacterial ring rot finding 2 seasons earlier.
ATCP 156.03(2)(2) Planting standards. Seed potato lots proposed for certification shall comply with the following planting standards: ATCP 156.03(2)(a)(a) Each lot shall be separated from every other lot by at least one planting row. ATCP 156.03(2)(b)(b) Each lot shall be separated by at least 50 feet from other potatoes that are not a part of a lot proposed for certification. The college may approve a shorter separation distance if there is adequate alternative protection against transmission of viral disease. ATCP 156.03(2)(c)(c) Lots may not be planted on the same farm, in the same year, with any potatoes or propagative materials except those listed in sub. (1). ATCP 156.03(3)(a)(a) The college may not certify a lot of seed potatoes if an inspection under s. ATCP 156.04 (1) or (2) finds any disease or variety mixture in excess of the rate specified in Table 1. ATCP 156.03(3)(b)(b) The college may decline to certify a lot of seed potatoes if any of the following apply: ATCP 156.03(3)(b)1.1. The planted or harvested lot is materially affected by a disease, pest infestation or condition, not identified in Table 1, which adversely affects the growth, quality or value of the seed potatoes. ATCP 156.03 NoteNote: For example, par. (b) 1. may include diseases, pest infestations and conditions such as late blight, soft rot, frostbite, slow emergence, missing hills or excessive weed growth.
ATCP 156.03(4)(a)(a) Except as provided in par. (b), the college shall deny or withdraw certification of a seed potato lot if a post-harvest test under s. ATCP 156.04 (3) finds any disease or variety mixture in excess of the rate specified in Table 2. ATCP 156.03 NoteNote: The college must complete 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 standards under sub. (4) (a). ATCP 156.03(4)(b)(b) The college may certify a lot of seed potatoes, regardless of the existence or results of any post-harvest test under s. ATCP 156.04 (3), if all of the following apply: ATCP 156.03(4)(b)2.2. The college conducts reliable laboratory tests on a representative sample of potatoes from the lot; or receives results from equivalent tests conducted by a reliable commercial laboratory, and the laboratory tests show that the lot complies with the post-harvest test standards in par. (a). ATCP 156.03(5)(5) Foundation seed potatoes; additional standards. The college may not certify foundation seed potatoes from any farm unless all of the following apply: ATCP 156.03(5)(b)(b) The college has conducted a post-harvest test of the previous year’s seed potato production from that farm under s. ATCP 156.04 (3), or has conducted equivalent laboratory tests of that production under sub. (4) (b). ATCP 156.03(6)(a)(a) The college may not do any of the following if the college finds that any lot of potatoes from a farm is infected with bacterial ring rot: ATCP 156.03(6)(a)2.2. Certify as foundation seed potatoes any potatoes descended from potatoes grown on the same farm, in the same year, as the infected lot. ATCP 156.03(6)(a)3.3. Certify as foundation seed potatoes any potatoes grown on the same farm in the same year or the following year, except that certified seed potatoes grown in the second year may be used to grow foundation seed potatoes in the third year if there is no further finding of bacterial ring rot. ATCP 156.03(6)(b)(b) If the college finds any lot of potatoes infected with bacterial ring rot, no potatoes from that lot may be stored in a warehouse used to store certified seed potatoes. ATCP 156.03(6)(c)(c) If the college finds bacterial ring rot in stored potatoes, the college may not certify any lot of potatoes from the same farm until the seed potato grower does all of the following: ATCP 156.03(6)(c)2.2. Cleans and disinfects relevant potato equipment and facilities in a manner approved by the college. ATCP 156.03(7)(a)(a) Notwithstanding subs. (3) and (4), the college may certify a lot of seed potatoes that fails to comply with one or more standards under sub. (3) or (4) if the college documents all of the following in the certification document under s. ATCP 156.02 (3): ATCP 156.03(7)(a)1.1. Special conditions justify the certification, and there is a reasonable likelihood that the next generation of seed potatoes grown from the non-complying lot will comply with the standards under subs. (3) and (4). ATCP 156.03(7)(a)3.3. The certification will not jeopardize seed potato quality, or pose a significant risk of harm to the potato industry or consumers. ATCP 156.03(7)(b)(b) A seed potato grower may submit a written request for certification under par. (a). The requester shall provide information to show that the requested action would comply with par. (a). ATCP 156.03(7)(c)(c) The college may require laboratory tests of a representative sample of the seed potato lot for which the variance is requested. ATCP 156.03 HistoryHistory: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.
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