Chapter ATCP 156

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.

ATCP 156.17 ATCP 156.17 Review of grading decisions.

ATCP 156.17(1) (1) Request. A person adversely affected by a department grading decision under this subchapter may make a written request for department review of that decision.

ATCP 156.17(2) (2) Meeting.

ATCP 156.17(2)(a) (a) If the department receives a written request under sub. (1), a department representative shall hold an informal meeting with the requester. The department shall hold the informal meeting within 30 days after it receives the written request, unless the requester agrees to a later meeting date. The meeting may be held in person or by telephone.

ATCP 156.17(2)(b) (b) At the informal meeting under par. (a), the department may explain the basis for its decision. A requester may also present information or arguments related to the decision.

ATCP 156.17(3) (3) Contested case. If a disputed matter under sub. (1) is not resolved after a meeting under sub. (2), the affected person may request a contested case hearing before the department, pursuant to ch. 227, Stats., and ch. ATCP 1. The person shall make the request under s. ATCP 1.06. The department shall grant or deny the hearing request as provided in s. ATCP 1.06 (3).

ATCP 156.17 History History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.