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.