Chapter ATCP 156

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.

ATCP 156.03 Note Note: 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 Note Note: 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(1)(g) (g) Certified seed potatoes when specifically authorized under sub. (6) (a) 3.

ATCP 156.03 Note Note: 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) (3) Field and harvest inspection standards.

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 Note Note: 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(3)(b)2. 2. The seed potato grower fails or refuses to permit an inspection under s. ATCP 156.04 (1) or (2).

ATCP 156.03(3)(b)3. 3. Conditions on the farm prevent a complete inspection under s. ATCP 156.04 (1) or (2).

ATCP 156.03(4) (4) Post-harvest test standards.

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 Note Note: 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)1. 1. The lot has met the standards under sub. (3) (a) based on field and harvest inspections under s. ATCP 156.04 (1) and (2).

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)(a) (a) The college has conducted field and harvest inspections, under s. ATCP 156.04 (1) and (2), of all potatoes grown on the farm in the 2 preceding years.

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) (6) Bacterial ring rot; additional standards.

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: