Chapter ATCP 99

ATCP 99.255(1) (1) Voluntary Security. A licensed grain warehouse keeper may at any time file security with the department, regardless of whether the warehouse keeper is required to file security. Except as provided in sub. (2), a voluntary security filing under this subsection does not relieve a grain dealer of any obligation to file security or pay fund assessments.

ATCP 99.255 Note Note: A grain warehouse keeper who files voluntary security under sub. (1) may be eligible for a reduction in fund assessments under sub. (2), and may be able to make a more favorable disclosure to producers under s. ATCP 99.26 (2).

ATCP 99.255(2) (2) Reduced assessment. If, for the duration of a license year, a contributing grain warehouse keeper maintains security under sub. (1) in an amount that is at least equal to the grain warehouse keeper’s estimated default exposure less the maximum fund reimbursement amount, the grain warehouse keeper’s annual fund assessment under s. 126.30, Stats., for that year is reduced by an amount that is determined as follows:

ATCP 99.255(2)(a) (a) Subtract the maximum fund reimbursement from the grain warehouse keeper’s estimated default exposure.

ATCP 99.255(2)(b) (b) Divide the result in par. (a) by the grain warehouse keeper’s estimated default exposure.

ATCP 99.255(2)(c) (c) Multiply the result in par. (b) by the amount of the grain warehouse keeper’s annual fund assessment under s. 126.30 (1), Stats., disregarding any assessment reduction under s. 126.30 (5m), Stats.

ATCP 99.255(2)(d) (d) Subtract, from the result in par. (c), the amount of any assessment reduction given under s. 126.30 (5m), Stats.

ATCP 99.255 History History: Emerg. cr. eff. 4-29-04; CR 04-030: cr. Register September 2004 No. 585, eff. 10-1-04; CR: 05-068: r. and recr. (1), am. (2) (intro.) Register April 2006 No. 604, eff. 5-1-06; correction in (2) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register June 2011 No. 666.

ATCP 99.26 ATCP 99.26 Grain warehouse keeper; disclosure to depositors.

ATCP 99.26(1) (1) Disclosure required. A grain warehouse keeper shall make a disclosure under sub. (2) to every grain producer or producer agent who is a depositor for whom the grain warehouse keeper stores grain in this state. The grain warehouse keeper shall make the disclosure, in the form prescribed under sub. (2), in a written document given to the depositor. The disclosure shall be clear and conspicuous, and shall be set apart from every other writing. The grain warehouse keeper shall make the disclosure at all of the following times:

ATCP 99.26(1)(a) (a) The first time the grain warehouse keeper accepts a grain deposit from that depositor.

ATCP 99.26(1)(b) (b) The first time the grain warehouse keeper accepts a grain deposit from that depositor in each license year.

ATCP 99.26(1)(c) (c) The first time the grain warehouse keeper accepts a grain deposit from that depositor following a change in circumstances that requires a different disclosure statement under sub. (2).

ATCP 99.26(2) (2) Form of disclosure. A disclosure under sub. (1) shall consist of a verbatim copy of one of the following statements, as applicable:

ATCP 99.26(2)(a) (a) The following statement if the grain warehouse keeper is required to be licensed under s. 126.26 (1), Stats., and the grain warehouse keeper’s estimated default exposure does not exceed the sum of the maximum fund reimbursement amount and any security amount the grain warehouse keeper has on file with the department:

IMPORTANT NOTICE

[Name of grain warehouse keeper] participates in Wisconsin’s Agricultural Producer Security program. If we fail to return your grain on demand, you may file a claim under this program. The program may reimburse you for the loss of up to $100,000 worth of grain. For more information, you may contact the Wisconsin Department of Agriculture, Trade and Consumer Protection, 2811 Agriculture Drive, P. O. Box 8911, Madison, WI 53708-8911 (phone [phone]).

ATCP 99.26(2)(b) (b) The following statement if the grain warehouse keeper is required to be licensed under s. 126.26 (1), Stats., and the grain warehouse keeper’s estimated default exposure exceeds the sum of the maximum fund reimbursement amount and any security amount the grain warehouse keeper has on file with the department:

IMPORTANT NOTICE

[Name of grain warehouse keeper] participates in Wisconsin’s Agricultural Producer Security Program. If we fail to return your grain on demand, you may file a claim under this program. The program may provide some compensation. However, our “estimated default exposure” exceeds program coverage, and we have not filed security to cover the difference, so compensation may cover only a portion of your loss. For more information, you may contact the Wisconsin Department of Agriculture, Trade and Consumer Protection, 2811 Agriculture Drive, P. O. Box 8911, Madison, WI 53708-8911 (phone [phone]).

ATCP 99.26(2)(c) (c) The following statement if the grain warehouse keeper is not licensed and is exempt from licensing under s. 126.26 (1), Stats.:

IMPORTANT NOTICE

[Name of grain warehouse keeper] does not participate in Wisconsin’s Agricultural Producer Security Program. You are therefore not eligible for compensation under the program if we fail to return your grain on demand. For more information, you may contact the Wisconsin Department of Agriculture, Trade and Consumer Protection, 2811 Agriculture Drive, P. O. Box 8911, Madison, WI 53708-8911 (phone [phone]).

ATCP 99.26 History History: CR 02-113: cr. Register April 2003 No. 568, eff. 5-1-03; CR 04-030: r. and recr. (2) (b), cr. (2) (c) Register September 2004 No. 585, eff. 10-1-04; CR 05-068: r. and recr. (2) Register April 2006 No. 604, eff. 5-1-06.

ATCP 99.27 ATCP 99.27 Warehouse keepers; daily position record.

ATCP 99.27(1) (1) A grain warehouse keeper’s daily position record under s. 126.32 (2), Stats., shall include all of the following, as of the close of each day’s business:

ATCP 99.27(1)(a) (a) The total amount of grain that the warehouse keeper has in storage, including grain in the warehouse keeper’s licensed warehouses, in the warehouse keeper’s unlicensed warehouses if any, or on deposit with other warehouse keepers.

ATCP 99.27(1)(b) (b) The total amount of stored grain owned by the warehouse keeper, including grain in the warehouse keeper’s licensed warehouses, in the warehouse keeper’s unlicensed warehouses if any, or on deposit with other warehouse keepers.

ATCP 99.27(1)(c) (c) The warehouse keeper’s total grain storage obligations to depositors.

ATCP 99.27(1)(d) (d) The amount of grain, owned by the warehouse keeper, which was added to storage that day.

ATCP 99.27(1)(e) (e) The amount of grain, owned by the warehouse keeper, which was removed from storage that day.

ATCP 99.27(1)(f) (f) The amount of grain, held for others, which was received from depositors that day.

ATCP 99.27(1)(g) (g) The amount of grain, held for others, which was returned to depositors that day.

ATCP 99.27(2) (2) Daily position records under sub. (1) shall be based on individual transaction records kept by the grain warehouse keeper, including records required under ss. 126.32 and 126.33, Stats.

ATCP 99.27 History History: CR 05-068: cr. Register April 2006 No. 604, eff. 5-1-06.

ATCP 99.28 ATCP 99.28 Grain storage receipts. A warehouse receipt or grain storage receipt required under s. 126.33, Stats., shall be one of the following:

ATCP 99.28(1) (1) Legibly printed on a paper or other tangible non-electronic medium that is delivered to the depositor.

ATCP 99.28(2) (2) Delivered to the depositor in a legible electronic form that the depositor can readily retrieve, view, store, and print on paper for future reference.

ATCP 99.28 History History: CR 04-030: cr. Register September 2004 No. 585, eff. 10-1-04.