ATCP 99.135 ATCP 99.135 Reduced fund assessment for contributing grain dealers who also maintain security.

ATCP 99.135(1) (1) Voluntary security. A licensed grain dealer may at any time file security with the department, regardless of whether the grain dealer is required to file security. Except as provided in sub. (2), a voluntary security filing under this subsection does not relieve a grain dealer of any other obligation to file security or pay fund assessments.

ATCP 99.135 Note Note: A grain dealer who files voluntary security under sub. (1) may be eligible for a reduction in fund assessments under sub. (2), and may be able to make a more favorable disclosure to producers under s. ATCP 99.14 (2).

ATCP 99.135(2) (2) Reduced assessment. If, for the duration of a license year, a contributing grain dealer maintains security under sub. (1) in an amount that is at least equal to the grain dealer’s estimated default exposure less the maximum fund reimbursement amount, the contributing grain dealer’s annual fund assessment under s. ATCP 99.126 (1) for that year is reduced by an amount that is determined as follows:

ATCP 99.135(2)(a) (a) Subtract the maximum fund reimbursement from the grain dealer’s estimated default exposure.

ATCP 99.135(2)(b) (b) Divide the result in par. (a) by the grain dealer’s estimated default exposure.

ATCP 99.135(2)(c) (c) Multiply the result in par. (b) by the amount of the grain dealer’s annual fund assessment under s. ATCP 99.126 (1), disregarding any assessment reduction under s. ATCP 99.126 (4) (a).

ATCP 99.135(2)(d) (d) Subtract, from the result in par. (c), the amount of any assessment reduction given under s. ATCP 99.126 (4) (a).

ATCP 99.135 History History: Emerg. cr. eff. 4-29-04; CR 04-030: cr. Register September 2004 No. 585, eff. 10-1-04; CR 05-068: r. and recr. (1), am. (2) (intro.) Register April 2006 No. 604, eff. 5-1-06; CR 07-073: am. (2) (intro.), (c) and (d) Register December 2008 No. 636, eff. 1-1-09; correction in (2) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register June 2011 No. 666.

ATCP 99.14 ATCP 99.14 Grain dealer; disclosure to producers.

ATCP 99.14(1) (1) Disclosure required. A grain dealer shall make a disclosure under sub. (2) to every grain producer and producer agent from whom the grain dealer procures producer grain in this state. The grain dealer shall make the disclosure, in the form prescribed under sub. (2), in a written document given to the producer or producer agent. The disclosure shall be clear and conspicuous, and shall be set apart from every other writing. The grain dealer shall make the disclosure to a producer or producer agent at all of the following times:

ATCP 99.14(1)(a) (a) The first time the grain dealer procures producer grain from that producer or producer agent.

ATCP 99.14(1)(b) (b) The first time the grain dealer procures producer grain from that producer or producer agent during each license year.

ATCP 99.14(1)(c) (c) The first time the grain dealer procures producer grain from that producer or producer agent following a change in circumstances that requires a different disclosure statement under sub. (2).

ATCP 99.14(2) (2) Form of disclosure. A disclosure under sub. (1) shall consist of a verbatim copy of one of the following statements, as applicable:

ATCP 99.14(2)(a) (a) The following statement if the grain dealer’s estimated default exposure is equal to or less than the sum of the maximum fund reimbursement amount and any security amount the grain dealer has on file with the department:

IMPORTANT NOTICE

[Name of grain dealer] participates in Wisconsin’s Agricultural Producer Security program. If we fail to pay you for grain when payment is due, you may file a claim under this program. The program may reimburse up to 80% of the first $60,000 of your allowed claim, and up to 75% of any additional amount. For more information, you may contact the Wisconsin Department of Agriculture, Trade and Consumer Protection, 2811 Agriculture Drive, P. O. Box 8911, Madison, WI 53708-8911 (phone [phone]).

ATCP 99.14(2)(b) (b) The following statement if the grain dealer’s estimated default exposure exceeds the sum of the maximum fund reimbursement amount and any security amount the grain dealer has on file with the department:

IMPORTANT NOTICE

[Name of grain dealer] participates in Wisconsin’s Agricultural Producer Security Program. If we fail to pay you for grain when payment is due, you may file a claim under this program. The program may provide some compensation. However, our “estimated default exposure” exceeds program coverage, and we have not filed security to cover the difference, so compensation may cover only a portion of your loss. For more information, you may contact the Wisconsin Department of Agriculture, Trade and Consumer Protection, 2811 Agriculture Drive, P. O. Box 8911, Madison, WI 53708-8911 (phone [phone]).

ATCP 99.14 History History: CR 02-113: cr. Register April 2003 No. 568, eff. 5-1-03; CR 04-030: cr. (2) (d) Register September 2004 No. 585, eff. 10-1-04; CR 05-068: r. and recr. (2) Register April 2006 No. 604, eff. 5-1-06.

ATCP 99.16 ATCP 99.16 Grain dealers; receipts for grain. A grain purchase receipt required under s. 126.18, Stats., shall be one of the following:

ATCP 99.16(1) (1) Legibly printed on a paper or other tangible non-electronic medium that is delivered to the producer.

ATCP 99.16(2) (2) Delivered to the producer in a legible electronic form that the producer can readily retrieve, view, store, and print on paper for future reference.

ATCP 99.16 History History: CR 04-030: cr. Register September 2004 No. 585, eff. 10-1-04.

subch. III of ch. ATCP 99 Subchapter III — Grain Warehouse Keepers

ATCP 99.20 ATCP 99.20 General requirements. A grain warehouse keeper shall comply with applicable requirements in ch. 126, Stats.

ATCP 99.20 History History: CR 02-113: cr. Register April 2003 No. 568, eff. 5-1-03.