ATCP 101.01(11) (11) “Unharvested acreage pool” or “pool” means a contractual arrangement under s. ATCP 101.05 between a contractor and producers, under which producers make contributions in order to help finance a contractor’s payments to other producers under s. ATCP 101.05 (4) (a) or (b).

ATCP 101.01(12) (12) “Vegetable” means sweet corn, snap beans or peas that are grown or sold for use in food processing, whether or not they are actually processed as food.

ATCP 101.01(13) (13) “Vegetable procurement contract” means an agreement between a contractor and a producer, under which the contractor buys vegetables from the producer or contracts with the producer to grow vegetables in this state.

ATCP 101.01 History History: Cr. Register, December, 1992, No. 444, eff. 1-1-93; CR 02-113: am. (intro.). Register April 2003 No. 568, eff. 5-1-03.

ATCP 101.02 ATCP 101.02 Vegetable procurement contracts.

ATCP 101.02(1) (1) Contract in writing; copy to producer. Every vegetable procurement contract shall be in writing, and shall include the name, address and telephone number of the contractor. The contractor shall provide a copy of the signed contract to the producer after the producer signs the contract.

ATCP 101.02(2) (2) Producer’s right to cancel. A producer may cancel a vegetable procurement contract by mailing a written cancellation notice to the contractor within 72 hours after the producer receives a copy of the signed contract, or before a later cancellation deadline if a later deadline is specified in the contract. The producer’s right to cancel, the method by which the producer may cancel, and the deadline for canceling the contract shall be clearly disclosed in every vegetable procurement contract.

ATCP 101.02(3) (3) Clear disclosure of terms.

ATCP 101.02(3)(a) (a) Every vegetable procurement contract shall clearly and conspicuously disclose both of the following:

ATCP 101.02(3)(a)1. 1. The amount which the contractor agrees to pay the producer for suitable acreage, including unharvested suitable acreage under s. ATCP 101.03.

ATCP 101.02(3)(a)2. 2. The amount, if any, which the contractor agrees to pay the producer for abandoned acreage under s. ATCP 101.04. If the contractor offers no payment for abandoned acreage, that fact shall be clearly disclosed in the contract.

ATCP 101.02(3)(b) (b) If the amounts under par. (a) are variable, depending on crop yield, grade or other factors to be determined at the time of harvest, the contract shall clearly disclose the formula or method by which the amounts will be determined.

ATCP 101.02(3)(c) (c) The contract shall clearly disclose every charge or deduction which may affect the net amount paid to the producer under the contract.

ATCP 101.02 Note Note: Sections ATCP 101.03 (2) (b), 101.04 (1) (b) and (c) and (3) (b) 2., and 101.05 (1), (5), and (6) also include contract disclosure requirements.

ATCP 101.02(4) (4) Unharvested acreage pool.

ATCP 101.02(4)(a) (a) If a vegetable procurement contract requires a producer to participate in an unharvested acreage pool, the contract shall clearly specify the terms and conditions of the pool, pursuant to s. ATCP 101.05.

ATCP 101.02(4)(b) (b) Except for pool contributions under ss. ATCP 101.03 (2), 101.04 (3) and 101.05, no vegetable procurement contract may provide for any deduction or reduced payment to a producer because of a contractor’s obligations to other producers.

ATCP 101.02(5) (5) Harvest responsibilities. Every vegetable procurement contract shall clearly specify whether the contractor or the producer is responsible for harvesting the vegetable crop. If the producer is responsible for harvest, the contract shall not state or imply that the contractor will provide harvest equipment or services unless the contractor is equipped to meet the reasonably foreseeable demand for harvest equipment and services on a timely basis.

ATCP 101.02(6) (6) Arbitration of disputes. Under every vegetable procurement contract, the contractor shall agree to submit contract disputes to impartial arbitration at the request of the producer.

ATCP 101.02 History History: Cr. Register, December, 1992, No. 444, eff. 1-1-93.

ATCP 101.03 ATCP 101.03 Unharvested suitable acreage.

ATCP 101.03(1) (1) Full payment required.

ATCP 101.03(1)(a) (a) General. If a contractor declines to harvest or accept delivery of suitable acreage grown under a vegetable procurement contract, the contractor shall pay the producer the full contract amount for the suitable acreage, as if the acreage had been harvested or accepted on a timely basis.

ATCP 101.03(1)(b) (b) Suitable acreage left unharvested because of adverse field conditions. If, because of adverse field conditions during the scheduled harvest period, a contractor is not able to harvest acreage which is otherwise suitable, the contractor shall pay for the unharvested acreage as suitable acreage under this section.

ATCP 101.03(2) (2) Contribution to unharvested acreage pool. Subsection (1) does not prohibit the contractor from deducting the producer’s contribution to an unharvested acreage pool under s. ATCP 101.05, provided that all of the following apply:

ATCP 101.03(2)(a) (a) Equivalent contributions from all producers. The producer’s pool contribution, expressed as a percentage deduction from the gross amount due the producer for the unharvested suitable acreage, equals the percentage contribution on harvested acreage made by every producer of harvested acreage.

ATCP 101.03(2)(b) (b) Contribution clearly disclosed. The pool contribution requirement is clearly disclosed in the vegetable procurement contract, pursuant to s. ATCP 101.05.

ATCP 101.03(2)(c) (c) Maximum contribution. The pool contribution does not exceed the maximum contribution specified in the vegetable procurement contract under s. ATCP 101.05 (6).

ATCP 101.03(3) (3) Service charges. When paying for unharvested suitable acreage under sub. (1), the contractor may deduct charges for seed, harvest, hauling, grading or similar supplies or services that would have been assessed against the producer had the producer’s acreage been harvested. A contractor may not receive any pool funds for these services.