ATCP 155.11ATCP 155.11Grading deadline.
ATCP 155.11(1)(1)General. Snap beans for processing shall be weighed, sampled, and graded as soon as reasonably possible after harvest, but not longer than 18 hours after harvest. The contractor shall take necessary and reasonable precautions to preserve the condition of the snap beans at time of harvest until they are graded.
ATCP 155.11(2)(2)Delay due to extraordinary circumstances; notice. The contractor shall give oral notice to the producer within 18 hours after harvest if, due to extraordinary circumstances, the snap beans cannot be weighed, sampled and graded within the time provided under sub. (1). Within 7 days after harvest, the contractor shall mail or deliver written notice to the producer, describing the extraordinary circumstances which justify the contractor’s failure to comply with sub. (1).
ATCP 155.11 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91.
ATCP 155.12ATCP 155.12Sampling procedure.
ATCP 155.12(1)(1)Representative sampling. Each load of snap beans shall be graded on the basis of a grading sample collected under s. ATCP 155.03 (3). The grading sample shall be collected in compliance with this section. The composite grading sample shall be representative of the entire load of snap beans and shall reflect all qualitative gradations observed in the load by the person who collects the sample.
ATCP 155.12(2)(2)Component samples; composite sample. At least 10 5-lb. samples of snap beans shall be individually collected from each load of snap beans. The 5-lb. samples shall be combined and thoroughly mixed to form a composite sample weighing not less than 50 lbs. The composite sample shall be used to determine tare for a load of snap beans.
ATCP 155.12(3)(3)Grading sample drawn from composite sample. A grading sample weighing at least 10 lbs. shall be taken from the thoroughly mixed 50 lb. composite sample under sub. (2). The 10-lb. grading sample shall be used to determine the grade and size of snap beans.
ATCP 155.12(4)(4)Tare. Actual tare shall be used in grading snap beans. Actual tare is the amount deducted from the gross weight of the composite sample for extraneous material only. Extraneous material consists of bean vines and leaves, weeds, stones, sticks, loose dirt or other foreign material. All vines attached to beans shall be detached in determining the grade, and shall be included with the extraneous material.
ATCP 155.12 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91.
ATCP 155.13ATCP 155.13Grading and sizing procedure.
ATCP 155.13(1)(1)Grade standards. Snap beans shall be graded for grade characteristics using USDA grade standards or alternative standards specified in writing in the procurement contract.
ATCP 155.13(2)(2)Size grading. If snap beans are size graded, the grader shall size grade the sample in accordance with USDA size classification standards. When sizing snap beans, the beans shall be fed slowly and evenly through the sizer to avoid crowding. Sieve size No. 5 beans and larger shall be passed through the sizer at least a second time. The largest and smallest looking beans in each size classification shall be sized with a hand sizer to ensure the beans are identified in the proper size classification.
ATCP 155.13(3)(3)Sizing equipment. Mechanical sizing equipment shall be tested, calibrated and certified by the manufacturer of the equipment or an independent certification agency prior to each harvest season and recalibrated as often as necessary. Sizing equipment shall be cleaned daily, or more frequently if required, and shall be maintained in good working condition.
ATCP 155.13 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91.
ATCP 155.14ATCP 155.14Grade statement. Within 7 days after a load of snap beans is harvested, the contractor shall provide the producer with a grade statement for that load, as required by s. ATCP 155.03 (5). A contractor shall orally provide grade information on request of the producer made prior to delivery of the written grade statement. The grade statement shall state the percentage by weight of snap beans in each bean size classification and grade category specified in the contract, as determined by the grader under this subchapter. The grade statement shall also include the information required under s. ATCP 155.03 (5).
ATCP 155.14 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91.
subch. III of ch. ATCP 155Subchapter III — Grading Procedure for Fresh Shelled Peas for Canning or Freezing
ATCP 155.20ATCP 155.20Grading deadline.
ATCP 155.20(1)(1)General. Fresh shelled peas for canning or freezing shall be weighed, sampled and graded as soon as reasonably possible after harvest, but not longer than 6 hours after harvest. The contractor shall take reasonable and necessary precautions to preserve the condition of the peas at the time of harvest until the peas are graded.
ATCP 155.20(2)(2)Delay due to extraordinary circumstances; notice. The contractor shall give oral notice to the producer within 6 hours after harvest if, due to extraordinary circumstances, the peas cannot be weighed, sampled and graded within the time provided under sub. (1). Within 7 days after harvest, the contractor shall mail or deliver a written notice to the producer, describing the extraordinary circumstances which justify the contractor’s failure to comply with sub. (1).
ATCP 155.20 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91.
ATCP 155.21ATCP 155.21Sampling procedure.
ATCP 155.21(1)(1)Representative sampling. Each load of peas shall be graded on the basis of a grading sample collected under s. ATCP 155.03 (3). The grading sample shall be collected in compliance with this section. The grading sample shall be representative of the entire load of peas and shall reflect all qualitative gradations observed in the load by the person who collects the sample.
ATCP 155.21(2)(2)Component samples; composite sample. The grading sample collected from a load of peas shall weigh not less than 200 ounces. The grading sample shall consist of ten 20-oz. samples individually drawn from throughout the entire load of peas. The 10 component samples shall be combined and thoroughly mixed to form the composite grading sample, which shall be used to determine grade and tare. The composite grading sample shall be accurately weighed, and the weight shall be recorded.
ATCP 155.21(3)(3)Tare. Actual tare shall be used in grading peas. All peas shall be removed from any unshelled pods in the sample, and the pods shall be included as tare. Actual tare is the amount deducted from the gross weight of the sample for foreign material only. Foreign material includes shelled pods, thistle buds, nightshade berries, mustard pod pieces and everything in the sample other than the peas themselves. The presence of thistle buds, nightshade berries, mustard pod pieces or other foreign material in the sample shall not affect the grade of the peas. Except as provided under s. ATCP 155.215, no contractor may deduct for thistle buds, nightshade berries or mustard pod pieces except as tare.
ATCP 155.21 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (3), Register, February, 1995, No. 470, eff. 3-1-95.
ATCP 155.215ATCP 155.215Deductions for thistle buds, nightshade berries and mustard pod pieces.
ATCP 155.215(1)(1)General. Under a procurement contract for peas, a contractor may deduct for thistle buds, nightshade berries and mustard pod pieces found among the peas. The deduction shall be made from the net amount that would be payable to the producer and may be applied to harvested peas or unharvested pea acreage according to this section. The procurement contract shall specify the terms of the deduction, consistent with this section. Deductions shall comply with the procurement contract and this section.