Chapter ATCP 156

ATCP 156.13(1)(f)4. 4. Defects in excess of tolerances specified in sub. (5). Tolerances shall be applied according to s. ATCP 156.10 (6).

ATCP 156.13(2) (2) Minimum diameter.

ATCP 156.13(2)(a) (a) Except as provided in par. (b), not more than 3% of the potatoes in any lot of yellow tag grade certified seed potatoes may have a diameter smaller than 1½ inches or, if the seller guarantees a different minimum diameter, the minimum diameter guaranteed.

ATCP 156.13(2)(b) (b) If a seller guarantees a minimum diameter under par. (a) of at least 2¼ inches, not more than 5% of the potatoes in the lot may have a diameter that is smaller than the guarantee.

ATCP 156.13(3) (3) Minimum weight.

ATCP 156.13(3)(a) (a) Except as provided in par. (b), not more than 3% of the potatoes in any lot of yellow tag grade certified seed potatoes may have a weight less than the minimum weight, if any, guaranteed by the seller.

ATCP 156.13(3)(b) (b) If a seller guarantees a minimum weight under par. (a) of at least 5 ounces, not more than 5% of the potatoes in the graded lot may have a weight that is less than the guaranteed minimum.

ATCP 156.13(4) (4) Maximum size. Not more than 15% of the potatoes in any lot of yellow tag grade certified seed potatoes may have any of the following:

ATCP 156.13(4)(a) (a) A weight of more than 12 ounces or, if the seller guarantees a different maximum weight, the guaranteed maximum. If the maximum weight under this paragraph is not more than 12 ounces, not more than 5% by weight of potatoes in the lot may exceed 16 ounces.

ATCP 156.13(4)(b) (b) A diameter that exceeds the maximum guaranteed by the seller, if the seller guarantees a maximum diameter.

ATCP 156.13(5) (5) Defect tolerances. A lot of yellow tag grade certified seed potatoes may not contain any of the following defects in excess of the following tolerances, specified as a percentage by weight of affected potatoes compared to weight of potatoes in the lot:

ATCP 156.13(5)(a) (a) Damage from defects listed in s. ATCP 156.11 (1) or (2): 20%, except as provided in pars. (c) and (d).

ATCP 156.13(5)(b) (b) Sprout damage: 10%.

ATCP 156.13(5)(c) (c) Scab damage: 10%.

ATCP 156.13(5)(d) (d) Late blight tuber rot: 1%.

ATCP 156.13(5)(e) (e) Damage from freezing, soft rot or wet breakdown: 1%.

ATCP 156.13(6) (6) Sale in bags or totes. The following requirements apply whenever yellow tag grade certified seed potatoes are sold in bags or totes, as certified seed potatoes:

ATCP 156.13(6)(a) (a) The potatoes shall be sold only in clean new bags or totes. Each bag or tote shall be conspicuously labeled with the name and address of the seller.

ATCP 156.13(6)(b) (b) No brand, other than the seller’s trademark, may appear on the bag or tote without the department’s approval.

ATCP 156.13(6)(c) (c) Each bag or tote shall bear a yellow tag issued by the college under s. ATCP 156.02 (3) (a). The yellow tag shall clearly disclose all of the following:

ATCP 156.13(6)(c)1. 1. The words “Wisconsin Certified Seed Potatoes Yellow Tag Grade.”

ATCP 156.13(6)(c)2. 2. The potato variety.

ATCP 156.13(6)(c)3. 3. The year in which the potatoes were grown.

ATCP 156.13(6)(c)4. 4. The name and address of the seed potato grower.

ATCP 156.13(6)(c)5. 5. The classification assigned by the college under s. ATCP 156.05.

ATCP 156.13(6)(d) (d) Each bag or tote shall bear a net weight statement, and any potato size guarantees under subs. (2) to (4) that differ from standard sizes specified in subs. (2) to (4).

ATCP 156.13(6)(e) (e) Each bag, if hand sewn, shall be sealed with a seal issued by the department.

ATCP 156.13 Note Note: “Sell,” as defined in s. ATCP 156.01 (30), means “to contract or offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale.”

ATCP 156.13(7) (7) Sale in bulk. The following requirements apply whenever yellow tag grade certified seed potatoes are sold in bulk, as certified seed potatoes:

ATCP 156.13(7)(a) (a) The potatoes shall be sold in a sealed container or conveyance that is thoroughly cleaned and disinfected before each use as a seed potato container or conveyance.

ATCP 156.13(7)(b) (b) Each container or conveyance shall bear all of the following:

ATCP 156.13(7)(b)1. 1. A yellow tag, issued by the college, that complies with sub. (6) (c).

ATCP 156.13(7)(b)2. 2. A seal issued by the department under s. ATCP 156.10 (2) (b).

ATCP 156.13 Note Note: “Sell,” as defined in s. ATCP 156.01 (30), means “to contract or offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale.”

ATCP 156.13 History History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.

ATCP 156.14 ATCP 156.14 Badger state foundation brand.

ATCP 156.14(1) (1) Grade requirements. To qualify for the badger state foundation brand, a lot of certified seed potatoes shall meet all of the following requirements:

ATCP 156.14(1)(a) (a) The college shall certify the lot under subchapter II as foundation seed potatoes.

ATCP 156.14(1)(b) (b) The lot shall comply with all requirements applicable to badger state brand certified seed potatoes under s. ATCP 156.12.

ATCP 156.14(2) (2) Sale in bags. The following requirements apply whenever badger state foundation brand seed potatoes are sold in bags or totes, as certified foundation seed potatoes:

ATCP 156.14(2)(a) (a) The potatoes shall be sold only in clean new bags or totes. Each bag or tote shall be labeled with the name and address of the seller.

ATCP 156.14(2)(b) (b) Each bag or tote may be labeled with the words “Badger State Brand.” No other brand, other than the seller’s trademark, may appear on the bag without the department’s approval.

ATCP 156.14(2)(c) (c) Each bag or tote shall bear a blue tag issued by the college under s. ATCP 156.02 (3) (a). The blue tag shall clearly disclose all of the following:

ATCP 156.14(2)(c)1. 1. The words “Wisconsin Certified Seed Potatoes Badger State Brand.”

ATCP 156.14(2)(c)2. 2. The word “Foundation” overprinted on the face of the tag.

ATCP 156.14(2)(c)3. 3. The potato variety.

ATCP 156.14(2)(c)4. 4. The year in which the potatoes were grown.

ATCP 156.14(2)(c)5. 5. The name and address of the seed potato grower.

ATCP 156.14(2)(c)6. 6. The classification assigned by the college under s. ATCP 156.05.

ATCP 156.14(2)(d) (d) Each bag or tote shall bear a net weight statement.

ATCP 156.14(2)(e) (e) Each bag or tote shall bear a statement of potato size guarantees if the guaranteed sizes differ from the sizes specified for yellow tag grade potatoes in s. ATCP 156.12 (2) to (4).

ATCP 156.14(2)(f) (f) Each bag, if hand sewn, shall be sealed with a seal issued by the department.

ATCP 156.14 Note Note: “Sell,” as defined in s. ATCP 156.01 (30), means “to contract or offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale.”

ATCP 156.14(3) (3) Sale in bulk. The following requirements apply whenever badger state foundation brand seed potatoes are sold in bulk, as certified foundation seed potatoes:

ATCP 156.14(3)(a) (a) The potatoes shall be sold in a sealed container or conveyance that is thoroughly cleaned and disinfected before each use as a seed potato container or conveyance.

ATCP 156.14(3)(b) (b) Each container or conveyance shall bear all of the following:

ATCP 156.14(3)(b)1. 1. A blue tag, issued by the college, that complies with sub. (2) (c).

ATCP 156.14(3)(b)2. 2. A seal issued by the department under s. ATCP 156.10 (2) (b).

ATCP 156.14 Note Note: “Sell,” as defined in s. ATCP 156.01 (30), means “to contract or offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale.”

ATCP 156.14 History History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.

ATCP 156.15 ATCP 156.15 Yellow tag foundation grade.

ATCP 156.15(1) (1) Grade requirements. To qualify for the yellow tag foundation grade, a lot of certified seed potatoes shall meet all of the following requirements:

ATCP 156.15(1)(a) (a) The college shall certify the lot under subch. II as foundation seed potatoes.

ATCP 156.15(1)(b) (b) The lot shall comply with all requirements applicable to yellow tag grade certified seed potatoes under s. ATCP 156.13.

ATCP 156.15(2) (2) Sale in bags or totes. The following requirements apply whenever yellow tag foundation grade seed potatoes are sold in bags or totes, as certified foundation seed potatoes:

ATCP 156.15(2)(a) (a) The potatoes shall be sold only in clean new bags or totes. Each bag or tote shall be labeled with the name and address of the seller.

ATCP 156.15(2)(b) (b) Each bag or tote may be labeled with the words “Yellow Tag Grade.” No other brand, other than the seller’s trademark, may appear on the bag without the department’s approval.

ATCP 156.15(2)(c) (c) Each bag or tote shall bear a yellow tag issued by the college under s. ATCP 156.02 (3) (a). The yellow tag shall clearly disclose all of the following:

ATCP 156.15(2)(c)1. 1. The words “Wisconsin Certified Seed Potatoes Yellow Tag Grade.”

ATCP 156.15(2)(c)2. 2. The word “Foundation” overprinted on the face of the tag.

ATCP 156.15(2)(c)3. 3. The potato variety.

ATCP 156.15(2)(c)4. 4. The year in which the potatoes were grown.

ATCP 156.15(2)(c)5. 5. The name and address of the seed potato grower.

ATCP 156.15(2)(c)6. 6. The classification assigned by the college under s. ATCP 156.05.

ATCP 156.15(2)(d) (d) Each bag or tote shall bear a net weight statement, and any potato size guarantees under s. ATCP 156.13 (2) to (4) that differ from standard sizes specified in s. ATCP 156.13 (2) to (4).

ATCP 156.15(2)(e) (e) Each bag, if hand sewn, shall be sealed with a seal issued by the department under s. ATCP 156.10 (2) (b).

ATCP 156.15 Note Note: “Sell,” as defined in s. ATCP 156.01 (30), means “to contract or offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale.”

ATCP 156.15(3) (3) Sale in bulk. The following requirements apply whenever yellow tag grade foundation seed potatoes are sold in bulk, as certified foundation seed potatoes:

ATCP 156.15(3)(a) (a) The potatoes shall be sold in a sealed container or conveyance that is thoroughly cleaned and disinfected before each use as a seed potato container or conveyance.

ATCP 156.15(3)(b) (b) Each container or conveyance shall bear all of the following:

ATCP 156.15(3)(b)1. 1. A yellow tag, issued by the college, that complies with sub. (2) (c).

ATCP 156.15(3)(b)2. 2. A seal issued by the department under s. ATCP 156.10 (2) (b).

ATCP 156.15 Note Note: “Sell,” as defined in s. ATCP 156.01 (30), means “to contract or offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale.”

ATCP 156.15 History History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.

ATCP 156.16 ATCP 156.16 Misrepresentations. No person may do any of the following in connection with the sale of potatoes:

ATCP 156.16(1) (1) Represent the potatoes as Wisconsin graded seed potatoes unless the potatoes are graded, handled and accurately labeled according to this subchapter.

ATCP 156.16(2) (2) Misrepresent the grade of certified seed potatoes, or the basis for that grade.

ATCP 156.16 Note Note: Section ATCP 156.16 is adopted under authority of s. 100.20(2), Stats. The department may prosecute fraudulent misrepresentations of grade pursuant to s. 100.20(6) or 100.26, Stats. A buyer who suffers a monetary loss because of a fraudulent misrepresentation of grade may bring a private court action for double damages, costs and attorney fees, pursuant to s. 100.20 (5), Stats.

ATCP 156.16 History History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.