ATCP 101.04(3)(b)(b) A contractor may not require a producer of abandoned acreage to contribute to an unharvested acreage pool unless all of the following apply:
ATCP 101.04(3)(b)1.1. The producer’s pool contribution, expressed as a percentage deduction from the gross amount due the producer for the abandoned acreage, equals the percentage contribution made by every other producer of abandoned acreage.
ATCP 101.04(3)(b)2.2. The pool contribution requirement is clearly disclosed in the vegetable procurement contract, pursuant to s. ATCP 101.05.
ATCP 101.04(3)(b)3.3. The pool contribution does not exceed the maximum contribution specified in the vegetable procurement contract under s. ATCP 101.05 (6).
ATCP 101.04(3)(b)4.4. The pool contribution does not result in any net payment from the producer to the contractor.
ATCP 101.04(4)(4)No net charge to producer.
ATCP 101.04(4)(a)(a) If a contractor declares that acreage is abandoned under this section, the contractor may not require the producer to pay any supply or service charges, or make any pool contribution, which would result in a net payment from the producer to the contractor.
ATCP 101.04(4)(b)(b) Paragraph (a) does not limit charges for supplies and services which the producer was free to obtain from sources other than the contractor.
ATCP 101.04(5)(5)Contractor fault. This section does not relieve a contractor from any contract claim which a producer may have against a contractor because of the contractor’s failure to perform the contractor’s obligations under the contract.
ATCP 101.04 HistoryHistory: Cr. Register, December, 1992, No. 444, eff. 1-1-93.
ATCP 101.05ATCP 101.05Unharvested acreage pool. A contractor may establish an unharvested acreage pool under this section. The unharvested acreage pool shall comply with all of the following requirements:
ATCP 101.05(1)(1)Terms specified in contract. In each vegetable procurement contract with a pool participant, the contractor shall clearly specify the terms and conditions of the pool, including terms related to producer contributions, contractor contributions, and the use of pool funds. The same terms and conditions shall apply to every producer who participates in the pool.
ATCP 101.05(2)(2)Pool coverage. Pool funds may be used only to pay for vegetable acreage contracted with pool participants. No pool may apply to more than one contract year. If a pool applies to more than one vegetable crop, the vegetable procurement contract shall clearly identify the crops included in the pool.
ATCP 101.05(3)(3)Producers and acreage assigned to pool.
ATCP 101.05(3)(a)(a) Pool participants and pool acreage shall be assigned to a specific pool when those participants sign vegetable procurement contracts for that acreage. Pool participants and pool acreage, once assigned to a pool, may not be reassigned to a different pool.
ATCP 101.05(3)(b)(b) If any pool participants are located outside this state, the vegetable procurement contract shall identify all of the states in which pool participants are located.
ATCP 101.05(4)(4)Use of pool funds; general.
ATCP 101.05(4)(a)(a) A contractor may use pool funds to pay for unharvested suitable acreage or abandoned acreage.
ATCP 101.05(4)(b)(b) If, because of low crop yield or grade, a producer is entitled to a smaller contract payment for harvested acreage than if that harvested acreage had been abandoned, a contractor may use pool funds to pay the producer the difference between the harvested acreage payment and the higher contract guarantee for abandoned acreage.
ATCP 101.05(4)(c)(c) A contractor may not use pool funds for any purpose other than those specified under par. (a) or (b). Payments under pars. (a) and (b) are subject to the terms of the vegetable procurement contract.
ATCP 101.05(5)(5)Producer contributions. In every vegetable procurement contract with a pool participant, the contractor shall clearly specify both of the following:
ATCP 101.05(5)(a)(a) The circumstances under which the participant will be required to contribute to the pool, and the method by which contributions will be assessed.
ATCP 101.05(5)(b)(b) The amount of the participant’s contribution to the pool, or the formula by which that contribution will be determined, subject to the maximum specified under sub. (6).
ATCP 101.05(6)(6)Maximum producer contribution.
ATCP 101.05(6)(a)(a) In every vegetable procurement contract with a pool participant, the contractor shall specify the participant’s maximum potential contribution to the pool.
ATCP 101.05(6)(b)(b) The maximum contribution under par. (a) shall be stated as a maximum percentage deduction from the gross amount due the producer under the vegetable procurement contract. Producers of abandoned acreage may be subject to a different maximum contribution than producers of suitable acreage, provided that the different maximum contribution is clearly specified in the contract.
ATCP 101.05(6)(c)(c) No contractor may require a pool participant to contribute more than the applicable maximum amount specified under this subsection.
ATCP 101.05(7)(7)Contractor to match producer contributions. The contractor shall contribute to the pool an amount which is not less than the total of all producer contributions to the pool.
ATCP 101.05(8)(8)Contractor acreage included.