Register June 2011 No. 666
Chapter ATCP 101
Subchapter I — Vegetable Procurement Practices
Vegetable procurement contracts.
Unharvested suitable acreage.
Unharvested acreage pool.
Prohibited contract provisions.
Subchapter II — Financial Standards and Security
Vegetable contractor license fees.
Vegetable contractor fund assessments.
Fund assessment temporarily affected by merger or acquisition; partial refund.
Reduced fund assessment for contributing vegetable contractors who also maintain security.
Disclosure to producers.
Subch. I of ch. ATCP 101 Note
This subchapter is adopted under authority of s. 100.20 (2)
, Stats., Violations of this subchapter may be prosecuted under s. 100.20 (6)
or 100.26 (3)
, Stats. A person who suffers a monetary loss because of a violation of this subchapter may sue the violator directly under s. 100.20 (5)
, Stats., and may recover twice the amount of the loss, together with costs and reasonable attorneys' fees.
ATCP 101.01 Definitions.
In this subchapter:
“Abandoned acreage" means vegetable acreage, grown under a vegetable procurement contract, which the contractor declares to be abandoned under s. ATCP 101.04
“Contractor" means a person who buys or offers to buy vegetables in this state from a producer, or who contracts or offers to contract with a producer to grow vegetables in this state, regardless of whether the contractor is located in this state or is engaged in food processing. “Contractor" does not include any of the following:
A person who procures vegetables primarily for unprocessed fresh market use and is licensed under the federal perishable agricultural commodities act, 7 USC 499
A restaurant or retail food establishment that procures vegetables solely for retail sale at the restaurant or retail food establishment.
A producer who contributes, either directly or by means of a deduction or reduced compensation under a vegetable procurement contract, to an unharvested acreage pool.
“Pool contribution" or “contribution" means an amount of money contributed to an unharvested acreage pool by a pool contributor. A producer's “contribution" to an unharvested acreage pool includes any contribution in the form of a deduction or reduced compensation under a vegetable procurement contract.
“Pool funds" means all contributions made by pool contributors as part of an unharvested acreage pool.
“Pool participant" means a producer assigned to an unharvested acreage pool under s. ATCP 101.05
. “Pool participant" includes a contractor who participates in an unharvested acreage pool as a producer under s. ATCP 101.05 (8)
“Producer" means a person who produces and sells vegetables, or who grows vegetables under contract.
“Suitable acreage" means all vegetable acreage grown under a vegetable procurement contract, other than acreage which the contractor declares to be abandoned under s. ATCP 101.04
Vegetable acreage which a contractor leaves unharvested for any reason, regardless of whether the vegetable crop is suitable or abandoned.
Acreage used to produce a vegetable crop which is rejected by the contractor for any reason, regardless of whether the crop is suitable or abandoned.
“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)
“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.
“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
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 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.
(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.
Every vegetable procurement contract shall clearly and conspicuously disclose both of the following:
The amount which the contractor agrees to pay the producer for suitable acreage, including unharvested suitable acreage under s. ATCP 101.03
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.
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.
The contract shall clearly disclose every charge or deduction which may affect the net amount paid to the producer under the contract.
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
Except for pool contributions under ss. ATCP 101.03 (2)
, 101.04 (3)
, no vegetable procurement contract may provide for any deduction or reduced payment to a producer because of a contractor's obligations to other producers.