Ch. ATCP 151 NoteNote: Chapter Ag 151 was renumbered chapter ATCP 151 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

ATCP 151.01(1)(1) “Affected handler” means an individual, partnership, corporation, cooperative or other business entity including a producer-handler, who is engaged in packaging and labeling potatoes in Wisconsin and has assented to the marketing agreement.

ATCP 151.01(2)(2) “Assent” means a signed statement by affected handlers consenting to the terms of this marketing agreement.

ATCP 151.01(3)(3) “Damage” means any defect, or any combination of defects, which materially detracts from the edible or marketing quality, or the internal or external appearance of the potato, or any external defect which cannot be removed without a loss of more than 5% of the total weight of the potato.

ATCP 151.01(4)(4) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 151.01(5)(5) “Holding order” means an official order issued by the department prohibiting the sale or shipment of potatoes when the potatoes fail to meet any of the standards of this agreement.

ATCP 151.01(6)(6) “Marketing agreement assent form” means the document signed by an affected handler which binds the handler to the terms of the marketing agreement.

ATCP 151.01(7)(7) “Marketing year” means the one-year period beginning July 1 and ending the following June 30.

ATCP 151.01(8)(8) “Packaging” or “packages” means any bag, box, carton or other container of any size in which potatoes are enclosed.

ATCP 151.01(9)(9) “Potatoes” means all varieties of Solanum tuberosum grown and packaged in the state of Wisconsin and sold or intended to be sold for fresh use or seed stock in commercial channels.

ATCP 151.01(10)(10) “Secretary” means the secretary of agriculture, trade and consumer protection.

ATCP 151.01(11)(11) “Serious damage” means any defect, any combination of defects, which seriously detracts from the edible or marketing quality or the internal or external appearance of the potato, or any external defect which cannot be removed without a loss of more than 10% of the total weight of the potato.

ATCP 151.01(12)(12) “Wisconsin grade” means the official grade standard established under the agreement for any potato or lot of potatoes certified by inspection to meet Wisconsin grade standards.

ATCP 151.01(13)(13) “Wisconsin seal of quality” means the official seal of quality established under this agreement which affected handlers may use on packages of potatoes certified to meet Wisconsin grade.

ATCP 151.02ATCP 151.02 Purpose. The objectives of this marketing agreement are to establish a uniform grading standard for premium quality potatoes grown and packaged in Wisconsin by affected handlers; to require inspection of potatoes sold as Wisconsin grade and identified with the Wisconsin seal of quality; and to promote the orderly and efficient marketing of premium quality Wisconsin potatoes.

ATCP 151.03(1)(1) Scope. This marketing agreement is applicable to all potatoes sold in commercial channels or being prepared for sale in packages identifying the potatoes as meeting Wisconsin grade and labeled with the Wisconsin seal of quality, according to the standards of this agreement. The department shall inspect potatoes intended for sale in packages displaying the Wisconsin seal of quality and certify that the potatoes meet the official grade standards and labeling requirements of the agreement.

ATCP 151.03(2)(2) Exclusions. This marketing agreement does not include potatoes sold for processing.