ATCP 155.02ATCP 155.02 Grade standards. A determination of the condition or qualitative classification of vegetables is a determination of grade. If the amount of payment received by a producer under a vegetable procurement contract depends on the grade of the vegetables, the grade of the vegetables shall be determined according to one of the following: ATCP 155.02(2)(2) Alternative grade standards which are clearly specified in writing in the procurement contract. ATCP 155.02 NoteNote: Copies of USDA grade standards for snap beans for processing, fresh shelled peas for canning or freezing, and sweet corn for processing are on file with the department, the secretary of state, and the legislative reference bureau. Copies may be obtained from the department.
ATCP 155.02 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. ATCP 155.03(1)(1) General. Vegetables grown under a procurement contract, if graded for payment purposes, shall be received, handled and graded in compliance with this subchapter and crop-specific requirements under subchs. II to IV. ATCP 155.03(2)(2) Loading receipt. When a contractor receives vegetables under a procurement contract, the contractor shall immediately provide the producer with a signed receipt for the vegetables. If the contractor harvests the vegetables, or receives the vegetables at the harvest site, the contractor shall provide the producer with a receipt for each load of vegetables before that load leaves the harvest field. The contractor may leave the loading receipt in a receptacle provided by the producer at the harvest field. The receipt shall include all of the following information: ATCP 155.03(2)(e)(e) Identification of the load of vegetables, including the license number of the transport vehicle used to haul the load of vegetables. ATCP 155.03(3)(3) Every load sampled; identification of samples. If vegetables are graded for payment purposes, the contractor shall collect a grading sample from every load of vegetables, according to sampling procedures prescribed under this chapter. The sample may be collected from the transport vehicle at the harvest location or when the vegetables are delivered or unloaded at the processing plant. Each sample shall be identified with all of the following information: ATCP 155.03(3)(d)(d) Identification of the load of vegetables from which the sample was drawn, including the license number of the transport vehicle used to haul the vegetables. ATCP 155.03(4)(4) Load weight statement. Within 7 days after a load of vegetables is harvested, the contractor shall mail or deliver to the producer a written statement of load weight. A contractor shall orally provide load weight information on request of the producer made prior to delivery of the written load weight statement. The statement shall identify the load of vegetables, and shall state the weight of the load of vegetables, as determined by the person who weighs the load. The weight statement shall be signed by the weigher when the load is weighed, and may be incorporated with a grade statement under sub. (5). If tare is deducted from the weight, tare shall be determined in compliance with sub. (6) and shall be recorded with the weight statement. ATCP 155.03(5)(5) Grade statement. Within 7 days after a load of vegetables is harvested, the contractor shall mail or deliver to the producer a written grade statement for that load. A contractor shall orally provide grade information on request of the producer made prior to delivery of the written grade statement. The grade statement shall indicate the grade of the load, as determined by the grader and shall be signed by the grader when the load is graded. Grade shall be determined by analyzing the grading sample collected under sub. (3), according to standards and procedures prescribed under this chapter. The grade statement shall include all of the following: ATCP 155.03(5)(c)(c) The location, date and time at which the grading sample was collected and the location at which it was graded. ATCP 155.03(5)(d)(d) Identification of the load of vegetables to which the grade statement pertains, including the license number of the transport vehicle used to haul the vegetables. ATCP 155.03(5)(g)(g) The weight of tare in the grading sample, and the percentage of tare calculated on the gross weight of the sample. ATCP 155.03(6)(b)(b) A payment deduction for undergrade, substandard or culled vegetables graded under subchapters II to IV, provided that the undergrade, substandard or culled vegetables are separately identified and graded and are not counted as tare. ATCP 155.03(7)(7) Grading location. Vegetables graded under this chapter shall be sampled and graded in this state. Vegetables may be graded outside this state with prior approval from the department. Approval will only be granted if grading is performed by a grader or inspector licensed by the federal department of agriculture. ATCP 155.03(8)(8) Review by producer. A producer or producer’s representative may observe the loading, weighing, sampling and grading of vegetables grown by that producer, and may review any records required to be kept by the contractor under s. ATCP 155.05. ATCP 155.03 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; r. and recr. (6), Register, February, 1995, No. 470, eff. 3-1-95. ATCP 155.05(1)(1) Records required. Every contractor shall maintain copies of the following records for each producer with whom the contractor has entered into a procurement contract: ATCP 155.05(2)(2) Records kept for 3 years. Records required under this section shall be kept for 3 years and shall be made available for inspection and copying upon request by the producer, an authorized agent of the producer, or a representative of the department. ATCP 155.05 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; r. (1) (f), Register, December, 1992, No. 444, eff. 1-1-93; reprinted to correct printing error, Register, November, 1999, No. 527. ATCP 155.06(1)(1) Good working order. Scales and other measuring devices used in weighing, sampling and grading vegetables shall be maintained in good working order. ATCP 155.06(2)(2) Annual inspection and testing. Every scale and measuring device used in weighing, sampling or grading farm products shall be inspected and tested for accuracy annually by the manufacturer of the equipment or an independent testing or service company. Inspection and testing shall comply with applicable specifications, tolerances, standards and procedures required by the national institute of standards and technology and the department. Test weights shall be approved by the department. Annual tests and inspections shall be at the expense of the owner or operator of the scale or measuring device. ATCP 155.06 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. ATCP 155.11(1)(1) General. Snap beans for processing shall be weighed, sampled, and graded as soon as reasonably possible after harvest, but not longer than 18 hours after harvest. The contractor shall take necessary and reasonable precautions to preserve the condition of the snap beans at time of harvest until they are graded. ATCP 155.11(2)(2) Delay due to extraordinary circumstances; notice. The contractor shall give oral notice to the producer within 18 hours after harvest if, due to extraordinary circumstances, the snap beans cannot be weighed, sampled and graded within the time provided under sub. (1). Within 7 days after harvest, the contractor shall mail or deliver written notice to the producer, describing the extraordinary circumstances which justify the contractor’s failure to comply with sub. (1). ATCP 155.11 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. ATCP 155.12(1)(1) Representative sampling. Each load of snap beans shall be graded on the basis of a grading sample collected under s. ATCP 155.03 (3). The grading sample shall be collected in compliance with this section. The composite grading sample shall be representative of the entire load of snap beans and shall reflect all qualitative gradations observed in the load by the person who collects the sample. ATCP 155.12(2)(2) Component samples; composite sample. At least 10 5-lb. samples of snap beans shall be individually collected from each load of snap beans. The 5-lb. samples shall be combined and thoroughly mixed to form a composite sample weighing not less than 50 lbs. The composite sample shall be used to determine tare for a load of snap beans. ATCP 155.12(3)(3) Grading sample drawn from composite sample. A grading sample weighing at least 10 lbs. shall be taken from the thoroughly mixed 50 lb. composite sample under sub. (2). The 10-lb. grading sample shall be used to determine the grade and size of snap beans. ATCP 155.12(4)(4) Tare. Actual tare shall be used in grading snap beans. Actual tare is the amount deducted from the gross weight of the composite sample for extraneous material only. Extraneous material consists of bean vines and leaves, weeds, stones, sticks, loose dirt or other foreign material. All vines attached to beans shall be detached in determining the grade, and shall be included with the extraneous material. ATCP 155.12 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. ATCP 155.13(1)(1) Grade standards. Snap beans shall be graded for grade characteristics using USDA grade standards or alternative standards specified in writing in the procurement contract. ATCP 155.13(2)(2) Size grading. If snap beans are size graded, the grader shall size grade the sample in accordance with USDA size classification standards. When sizing snap beans, the beans shall be fed slowly and evenly through the sizer to avoid crowding. Sieve size No. 5 beans and larger shall be passed through the sizer at least a second time. The largest and smallest looking beans in each size classification shall be sized with a hand sizer to ensure the beans are identified in the proper size classification. ATCP 155.13(3)(3) Sizing equipment. Mechanical sizing equipment shall be tested, calibrated and certified by the manufacturer of the equipment or an independent certification agency prior to each harvest season and recalibrated as often as necessary. Sizing equipment shall be cleaned daily, or more frequently if required, and shall be maintained in good working condition. ATCP 155.13 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. ATCP 155.14ATCP 155.14 Grade statement. Within 7 days after a load of snap beans is harvested, the contractor shall provide the producer with a grade statement for that load, as required by s. ATCP 155.03 (5). A contractor shall orally provide grade information on request of the producer made prior to delivery of the written grade statement. The grade statement shall state the percentage by weight of snap beans in each bean size classification and grade category specified in the contract, as determined by the grader under this subchapter. The grade statement shall also include the information required under s. ATCP 155.03 (5). ATCP 155.14 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. ATCP 155.20(1)(1) General. Fresh shelled peas for canning or freezing shall be weighed, sampled and graded as soon as reasonably possible after harvest, but not longer than 6 hours after harvest. The contractor shall take reasonable and necessary precautions to preserve the condition of the peas at the time of harvest until the peas are graded. ATCP 155.20(2)(2) Delay due to extraordinary circumstances; notice. The contractor shall give oral notice to the producer within 6 hours after harvest if, due to extraordinary circumstances, the peas cannot be weighed, sampled and graded within the time provided under sub. (1). Within 7 days after harvest, the contractor shall mail or deliver a written notice to the producer, describing the extraordinary circumstances which justify the contractor’s failure to comply with sub. (1). ATCP 155.20 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. ATCP 155.21(1)(1) Representative sampling. Each load of peas shall be graded on the basis of a grading sample collected under s. ATCP 155.03 (3). The grading sample shall be collected in compliance with this section. The grading sample shall be representative of the entire load of peas and shall reflect all qualitative gradations observed in the load by the person who collects the sample. ATCP 155.21(2)(2) Component samples; composite sample. The grading sample collected from a load of peas shall weigh not less than 200 ounces. The grading sample shall consist of ten 20-oz. samples individually drawn from throughout the entire load of peas. The 10 component samples shall be combined and thoroughly mixed to form the composite grading sample, which shall be used to determine grade and tare. The composite grading sample shall be accurately weighed, and the weight shall be recorded. ATCP 155.21(3)(3) Tare. Actual tare shall be used in grading peas. All peas shall be removed from any unshelled pods in the sample, and the pods shall be included as tare. Actual tare is the amount deducted from the gross weight of the sample for foreign material only. Foreign material includes shelled pods, thistle buds, nightshade berries, mustard pod pieces and everything in the sample other than the peas themselves. The presence of thistle buds, nightshade berries, mustard pod pieces or other foreign material in the sample shall not affect the grade of the peas. Except as provided under s. ATCP 155.215, no contractor may deduct for thistle buds, nightshade berries or mustard pod pieces except as tare. ATCP 155.21 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (3), Register, February, 1995, No. 470, eff. 3-1-95. ATCP 155.215ATCP 155.215 Deductions for thistle buds, nightshade berries and mustard pod pieces. ATCP 155.215(1)(1) General. Under a procurement contract for peas, a contractor may deduct for thistle buds, nightshade berries and mustard pod pieces found among the peas. The deduction shall be made from the net amount that would be payable to the producer and may be applied to harvested peas or unharvested pea acreage according to this section. The procurement contract shall specify the terms of the deduction, consistent with this section. Deductions shall comply with the procurement contract and this section. ATCP 155.215(2)(2) Harvested peas; basis for deduction. For each load of harvested peas, the deduction under sub. (1) shall be based on the actual number of thistle buds, nightshade berries or mustard pod pieces found in a 200-ounce grading sample collected from that load. The sample shall be collected according to ss. ATCP 155.03 (3) and 155.21. ATCP 155.215(3)(3) Unharvested acreage; basis for deduction. For unharvested pea acreage, the deduction under sub. (1) shall be based on the actual number of thistle buds, nightshade berries or mustard pod pieces found in a composite 200-ounce grading sample collected from the unharvested acreage. The composite sample shall be comprised of component samples collected from the unharvested acreage according to s. ATCP 101.03 (5) or equivalent field sampling procedures specified in the procurement contract. ATCP 155.215(4)(4) Deduction amount. No contractor may make a deduction under sub. (1) unless the procurement contract specifies the amount of the deduction. Subject to the limits specified under subs. (5) and (6), the amount deducted shall be based on the number of thistle buds, nightshade berries or mustard pod pieces found in sampling under sub. (2) or (3). Deduction amounts shall be expressed as percentages of the net amount that would be payable to the producer in the absence of any deduction under sub. (1). ATCP 155.215(5)(5) Deduction limitations. No contractor may make a deduction under sub. (1) unless the procurement contract specifies a number of thistle buds, nightshade berries or mustard pod pieces which, when found in sampling under sub. (2) or (3), will cause a deduction to be made under the contract. For purposes of making a deduction, the contract may not specify a number less than 4 thistle buds, 2 nightshade berries, or 20 mustard pod pieces. ATCP 155.215(6)(a)(a) The amount of the deduction specified under sub. (4) for each thistle bud in excess of one may not exceed 5% of the net amount payable to the producer absent the deduction. ATCP 155.215(6)(b)(b) The amount of the deduction specified under sub. (4) for each nightshade berry, if the deduction threshold is met, may not exceed 10% of the net amount payable to the producer absent the deduction.
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