ATCP 156.08(3)(b)(b) Following a contested case hearing under ch. 227, Stats., and ch. ATCP 1, the department may reverse, modify or remand an action of the college under this subchapter if the department finds that the action is contrary to this subchapter. The department may not reverse, modify or remand an action of the college if the college has acted within the scope of its discretion under this subchapter. ATCP 156.08 HistoryHistory: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07. ATCP 156.10ATCP 156.10 Grading certified seed potatoes; general. ATCP 156.10(1)(1) Grading by department. At the request of a seed potato grower, the department may grade a lot of seed potatoes that the college has certified under s. ATCP 156.02 (1). The department shall grade the lot according to this subchapter, based on a grading inspection under sub. (5). The department may not grade the lot until the college issues its certification in writing under s. ATCP 156.02 (3). ATCP 156.10(2)(2) Grade assignment. Whenever the department grades a lot of certified seed potatoes under sub. (1), the department shall assign that lot a grade under sub. (3). The department may refuse to assign a grade if the lot fails to comply with any of the grade standards under sub. (3). The department shall do all of the following whenever the department assigns a grade to a lot: ATCP 156.10(2)(a)(a) Issue to the seed potato grower a grade certificate that includes all of the following: ATCP 156.10 NoteNote: A graded lot may be a subset of a lot certified by the college under subch. II.
ATCP 156.10(2)(a)3.3. A description of the graded lot. The description shall include the potato variety and shall identify the storage bin, container or conveyance in which the potatoes were held when graded. ATCP 156.10(2)(a)5.5. The identification numbers of the department seals issued for the graded lot under par. (b). ATCP 156.10(2)(b)(b) Issue an appropriate number of seals for the graded lot. Each seal shall bear an identification number that is unique to that seal. The seed potato grower may use the seals to attach certification tags, issued by the college under s. ATCP 156.02 (3) (a), to seed potato shipments from the graded lot. Certification tags shall be those issued for the certification lot from which the graded lot originates. ATCP 156.10 NoteNote: The issuance of the seal does not necessarily mean the department actually seals the bag, tote, bin, truck or other container of inspected potatoes. In many cases, the potatoes are handled by other persons after the department inspects the potatoes and before they are delivered to the customer.
ATCP 156.10(3)(3) Grades and grade standards. The following grades of certified seed potatoes shall meet the following grade standards: ATCP 156.10(3)(c)(c) Badger state foundation brand. Badger state foundation brand potatoes shall meet the grade standards in s. ATCP 156.14. ATCP 156.10(4)(4) Request for grading. A seed potato grower shall make a grading request under sub. (1) in writing, on a form provided by the department. The requester shall agree to pay the department’s reasonable grading costs, as determined by the department. A grading request may cover 2 or more lots of seed potatoes. ATCP 156.10 NoteNote: To obtain the form required under sub. (4), a seed potato grower may do any of the following:
• Visit the department’s website at www.datcp.state.wi.us.
• Call the department’s fruit and vegetable inspection office at 715/345-5212.
• Call the department’s Bureau of Business Trade Practices at 608/224-4998. ATCP 156.10(5)(5) Grading inspection. The department shall grade a lot of certified seed potatoes based on visual inspection of one or more samples of potatoes selected from that lot. The department shall select samples that appear to be visually representative of the lot. Each sample shall include at least 20 pounds of potatoes and the number of individual samples from each lot may vary with the size of the lot. Tolerances for size and defects shall be calculated on the basis of weight. The department shall inspect enough samples to obtain a reliable representation of the lot. ATCP 156.10(6)(a)(a) The occurrence rate for a defect or size violation in a graded lot, determined as an average of the occurrence rates for each of the samples selected under sub. (5) from the graded lot, may not exceed the applicable tolerance specified under s. ATCP 156.12 or 156.13. ATCP 156.10(6)(b)(b) Within an individual sample selected under sub. (5) from a graded lot, except as provided in par. (c) or (d): ATCP 156.10(6)(b)1.1. No defect or size violation may occur at a rate that is more than 1.5 times the applicable tolerance specified in s. ATCP 156.12 or 156.13 if that tolerance is more than 10%. ATCP 156.10(6)(b)2.2. No defect or size violation may occur at a rate that is more than twice the applicable tolerance specified in s. ATCP 156.12 or 156.13 if that tolerance is 10% or less.