Chapter ATCP 156

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(34) (34) “State” means any of the following:

ATCP 156.01(34)(a) (a) A state in the United States.

ATCP 156.01(34)(b) (b) A United States territory.

ATCP 156.01(34)(c) (c) A nation other than the United States.

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 History History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.

subch. II of ch. ATCP 156 Subchapter II — Certification

ATCP 156.02 ATCP 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)(a) (a) A unique identification number for the certified lot.

ATCP 156.02(3)(b) (b) The name and address of the seed potato grower.

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)(e) (e) The number of acres of seed potatoes in the certified lot.

ATCP 156.02(3)(f) (f) The variety of seed potatoes in the certified lot.

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 Note Note: 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)1. 1. Each field inspection under s. ATCP 156.04 (1).

ATCP 156.02(3)(i)2. 2. Each harvest inspection under s. ATCP 156.04 (2).

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 Note Note: 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)(i)4. 4. Any laboratory tests conducted on the certified lot.

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(3)(k) (k) Documentation related to any variance granted by the college under s. ATCP 156.03 (7).

ATCP 156.02(3)(L) (L) Any conditions or limitations on certification, including any conditions or limitations under s. ATCP 156.03 (7).

ATCP 156.02(3)(m) (m) Other information that the college chooses to include.

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) (4) Misrepresentation.

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)1. 1. Certified under sub. (1).

ATCP 156.02(4)(a)2. 2. Graded under subch. III.

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 Note Note: 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 Note Note: 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 Note Note: To obtain a list of states whose certification is recognized in this state, visit the college website at: http://www.plantpath.wisc.edu/wspcp/.

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)(a) (a) The name of the seed potato grower.

ATCP 156.02(6)(b) (b) The location of the farm on which the seed potatoes are grown.

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 Note Note: 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)(e) (e) An agreement to permit inspections required under s. ATCP 156.04.

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)(f)1. 1. Inspections required under s. ATCP 156.04.

ATCP 156.02(6)(f)2. 2. Laboratory testing, if required.

ATCP 156.02(6)(f)3. 3. Issuing certification documents under sub. (3).

ATCP 156.02(6)(g) (g) Other relevant information requested by the college, for purposes of certification.

ATCP 156.02 Note Note: 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)(b) (b) The number of planted acres from which the lot was produced.

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)1. 1. Identify the nature and source of the propagative material.

ATCP 156.02(7)(c)2. 2. Document that the propagative material complies with s. ATCP 156.03 (1).

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) (9) Denying or withdrawing certification.

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)1. 1. Certification standards under this subchapter are not met.

ATCP 156.02(9)(a)2. 2. The college issued the certification based on false or fraudulent information.

ATCP 156.02(9)(a)3. 3. The seed potato grower has materially violated this section.

ATCP 156.02(9)(b) (b) A notice under par. (a) shall state the reasons for the denial or withdrawal.

ATCP 156.02 Note Note: 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 History History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.

ATCP 156.03 ATCP 156.03 Certification standards.

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(1)(c) (c) Propagative material produced by the college.