ATCP 100.16(2)(f) (f) The appropriate milk security disclosure statement under s. ATCP 100.20.

ATCP 100.16(3) (3) Monthly report. A producer agent who files a monthly report under sub. (1) (f) shall file the report on or before the 25th day of the month. The report shall include all the following:

ATCP 100.16(3)(a) (a) The name and address of each person to whom the producer agent marketed, in the preceding month, producer milk that the producer agent procured in this state as a producer agent.

ATCP 100.16(3)(b) (b) The total pounds of producer milk that the producer agent marketed to each person under par. (a) in the preceding month.

ATCP 100.16(3)(c) (c) The total dollar value of producer milk that the producer agent marketed to each person under par. (a) in the preceding month.

ATCP 100.16(3)(d) (d) The producer agent’s total gross payments to milk producers for producer milk that the producer agent marketed under par. (a) in the preceding month.

ATCP 100.16(4) (4) Exempt agent. Chapter 126, Stats., does not apply to a person who collects a producer’s milk for delivery to a custom processor under s. ATCP 100.14, and who receives and markets the custom-processed dairy products for the producer, provided that all the following apply:

ATCP 100.16(4)(a) (a) The person does not handle more than 5 million pounds of producer milk in any month, does not process milk or dairy products, and does not otherwise operate as a milk contractor.

ATCP 100.16(4)(b) (b) The producer retains title to the milk and the processed dairy products made from the milk.

ATCP 100.16(4)(c) (c) The person has a written contract with the producer. The contract shall clearly and conspicuously disclose all the following:

ATCP 100.16(4)(c)1. 1. That the producer retains title to the milk and the dairy products made from the milk.

ATCP 100.16(4)(c)2. 2. That the producer’s milk shipments are not secured under ch. 126, Stats.

ATCP 100.16(4)(d) (d) The person keeps a copy of the contract under par. (c) for at least 3 years after the contract ends, and makes it available to the department for inspection and copying upon request.

ATCP 100.16(4)(e) (e) The person submits to the department, by May 1 of each year, an affidavit certifying that the person qualifies as an exempt agent under this subsection.

ATCP 100.16 History History: CR 02-113: cr. Register April 2003 No. 568, eff. 5-1-03; correction in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register September 2004 No. 585; correction in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register June 2011 No. 666; correction in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., November 2018 No. 755.

ATCP 100.18 ATCP 100.18 Marketing processed dairy products for milk producers. Chapter 126, Stats., does not apply to a person who markets only processed dairy products for milk producers, provided that the person does not procure, market or process raw producer milk.

ATCP 100.18 History History: CR 02-113: cr. Register April 2003 No. 568, eff. 5-1-03.

ATCP 100.20 ATCP 100.20 Disclosures to milk producers.

ATCP 100.20(1) (1) Disclosure required. A milk contractor shall make a disclosure under sub. (2) to every milk producer and producer agent from whom the milk contractor procures producer milk in this state. The milk contractor 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 milk contractor shall make the disclosure to the producer or producer agent at all of the following times:

ATCP 100.20(1)(a) (a) When the milk contractor first procures producer milk from that producer or producer agent.

ATCP 100.20(1)(b) (b) In June of each year in which the milk contractor procures milk from that producer or producer agent.

ATCP 100.20(1)(c) (c) When the milk contractor first procures producer milk from that producer or producer agent following a change in circumstances that requires a different disclosure statement under sub. (2).

ATCP 100.20(2) (2) Form of disclosure.

ATCP 100.20(2)(a) (a) Except as provided in pars. (b) to (e), the disclosure under sub. (1) shall consist of a verbatim copy of the following statement:

IMPORTANT NOTICE

[Name of milk contractor] participates in Wisconsin’s Agricultural Producer Security program. If we fail to pay you for milk 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 100.20(2)(b) (b) Except as provided in pars. (c) to (e), the disclosure under sub. (1) shall consist of a verbatim copy of the following statement if the milk contractor contributes to the fund and the milk contractor’s estimated default exposure is greater than the sum of the maximum fund reimbursement amount plus any security amount the milk contractor has on file with the department:

IMPORTANT NOTICE

[Name of milk contractor] participates in Wisconsin’s Agricultural Producer Security Program. If we fail to pay you for milk 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 an allowed claim and up to 75% of any additional amount. However, our “estimated default exposure” exceeds available reimbursement funding, and we have not filed security to cover the difference, so reimbursement may cover a much smaller 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]).