Register October 2004 No. 586
Chapter ATCP 159
WISCONSIN GRAIN GRADES
ATCP 159.02 Prohibitions.
ATCP 159.01(1)
(1) “
Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
ATCP 159.01(2)
(2) “Person" means any individual, partnership, corporation, firm, or association engaged in business as principal or agent in the buying, selling, storing or shipping grain.
ATCP 159.01(3)
(3) “Federal act" means the United States Grain Standards Act of 1916, as amended (7U.S.C. 71 et. seq.).
ATCP 159.01(4)
(4) “Grain" means corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans and mixed grains, and any other food grains, feed grains, and oil seeds for which standards are established and defined under the federal act.
ATCP 159.01(5)
(5) “Official grade" means a numerical or sample grade designation, established under the federal act and used to identify the grade of grain which has been officially inspected and graded.
ATCP 159.01(6)
(6) “Official inspection" means the determination and the certification, by official inspection personnel, of the kind, class, quality, or condition of grain under standards established in the federal act.
ATCP 159.01(7)
(7) “Official inspection personnel" means employees of state or other governmental agencies, commercial agencies or other persons who are licensed to perform all or specified functions involved in official inspections under the federal act.
ATCP 159.01(8)
(8) “Grade" means a numerical or sample grade designation established under the federal act for use in identifying the grade, quality or condition of grain.
ATCP 159.01(9)
(9) “Officially graded" means any grain that has been officially sampled, inspected, and certified by official inspection personnel and found to be of a particular kind, class, quality or condition.
ATCP 159.01 History
History: Cr.
Register, July, 1975, No. 235, eff. 8-1-75; correction in (1) made under s. 13.93 (2m) (b) 6., Stats.,
Register, April, 1993, No. 448.
ATCP 159.02(1)
(1) No person shall, in any sale, offer for sale, or consignment:
ATCP 159.02(1)(a)
(a) Misrepresent that any grain has been officially inspected or graded and found to be of a particular kind, class, grade, quality, condition or quantity, or that particular standards or factors have been established with respect to such grain by official inspection.
ATCP 159.02(1)(b)
(b) Represent grain which has been officially inspected and graded as being of a grade or quality contrary to the grade or quality designation set forth in the official inspection certificate issued for such grain.
ATCP 159.02(1)(c)
(c) Knowingly describe grain by any grade designation or other description which is false or misleading.
ATCP 159.02(1)(d)
(d) Forge, counterfeit, alter, obliterate, damage or remove an official inspection certificate on any lot of grain.
ATCP 159.02(2)
(2) Nothing herein shall prohibit a person from designating a grade for grain or of using standards or factors as prescribed under the federal act in arriving at such grade for grain, provided no representations are made that the grain has been officially graded or that such standards or factors have been officially determined.
ATCP 159.02 History
History: Cr.
Register, July, 1975, No. 235, eff. 8-1-75.
ATCP 159.03
ATCP 159.03 Fees. The department may grade any lot of grain upon the request of the owner or holder of such grain, and shall establish and collect fees sufficient to cover the actual cost of the grading services provided for herein.
ATCP 159.03 History
History: Cr.
Register, July, 1975, No. 235, eff. 8-1-75.
