ATCP 101.05(9)(9) Refunds to pool contributors. If the contractor collects more pool contributions than the contractor distributes to pool participants under sub. (4), the contractor shall refund all unused pool funds to pool contributors on a pro rata basis, based on the amount of each contributor’s pool contribution. If the contractor refunds pool funds to producers under this subsection, the contractor shall include each producer’s pro rata refund with the contractor’s final payment to the producer under the vegetable procurement contract.

ATCP 101.05(10)(10) Information to producers. When the contractor makes final payment to a pool participant under a vegetable procurement contract, the contractor shall provide all of the following information to the pool participant:

ATCP 101.05(10)(a)(a) The total amount that pool participants contributed to the pool. If the contractor participates as a producer under sub. (8), the contractor’s total contribution as a producer shall be stated separately.

ATCP 101.05(10)(b)(b) The contractor’s total contribution to the pool as a contractor under sub. (7).

ATCP 101.05(10)(c)(c) The total amount of pool funds paid to pool participants under sub. (4). If the contractor received pool funds as a producer under sub. (8) (c), the amount paid to the contractor shall be stated separately.

ATCP 101.05(10)(d)(d) The total number of suitable pool acres left unharvested, the number of pool participants who produced that unharvested suitable acreage, and the total amount of pool funds paid for unharvested suitable acreage. Instead of reporting the number of suitable pool acres left unharvested, the contractor may report that number as a percentage of total pool acres.

ATCP 101.05(10)(e)(e) The total number of pool acres that were abandoned, the number of pool participants who produced that abandoned acreage, and the total amount of pool funds paid for abandoned acreage. If some of the abandoned acres were not eligible for pool payments, the contractor shall also report the total number of eligible acres and producers. Instead of reporting the number of pool acres that were abandoned, or the number of abandoned acres that were eligible for pool payments, the contractor may report those numbers as percentages of total pool acres.

ATCP 101.05(10)(f)(f) The total number of harvested pool acres that were eligible for pool payments under sub. (4) (b), the number of pool participants who produced that eligible harvested acreage, and the total amount of pool funds paid under sub. (4) (b) for that eligible harvested acreage. Instead of reporting the number of pool acres that were eligible for pool payments under sub. (4) (b), the contractor may report that number as a percentage of total pool acres.

ATCP 101.05(10)(g)(g) The total amount of pool funds, if any, that the contractor refunded to pool contributors under sub. (9). If the contractor contributed as a producer under sub. (8), the amount refunded to the contractor shall be stated separately.

ATCP 101.05(11)(a)(a) For each unharvested acreage pool, the contractor shall keep complete and accurate records related to each of the items under sub. (10).

ATCP 101.05(11)(b)(b) For each pool participant, the contractor shall keep accurate records of all of the following:

ATCP 101.05(11)(b)4.4. The amount of unharvested suitable acreage for which the participant received pool payments, and the amount of those payments.

ATCP 101.05(11)(b)5.5. The amount of abandoned acreage for which the participant received pool payments, and the amount of those payments.

ATCP 101.05(11)(b)6.6. The amount of acreage for which the participant received pool payments under sub. (4) (b), and the amount of those payments.

ATCP 101.05(11)(c)(c) If a contractor estimates the yield or grade of unharvested suitable acreage under s. ATCP 101.03 (4), the contractor shall keep complete and accurate records showing how the yield or grade was estimated in compliance with that subsection.

ATCP 101.05(12)(12) Records retained; inspection and copying. A contractor shall retain the records under sub. (11) for at least 3 years, and shall make those records available to the department for inspection and copying upon request.

ATCP 101.06ATCP 101.06 Prohibited contract provisions. No vegetable procurement contract may do any of the following:

ATCP 101.06(1)(1) Require any producer to purchase seed, pesticide applications, harvest services, hauling services, or other supplies or services from the contractor if the charges for the supplies or services exceed the reasonable market value of those supplies or services.

ATCP 101.06(2)(2) Relieve, or purport to relieve a contractor from liability for property damage or personal injury caused by the negligent acts or omissions of the contractor.

ATCP 101.06(3)(3) Impose, or purport to impose liability on a producer for personal injury or property damage caused by the contractor.

ATCP 101.07(2)(2) Knowingly misrepresent the terms of a vegetable procurement contract, the procedures used under the contract, or the services provided by the contractor under the contract, in order to induce a producer to sign a vegetable procurement contract.