Register November 2006 No. 611
Chapter ATCP 155
VEGETABLE GRADING PROCEDURES AND GRADE STANDARDS
Subchapter I — Definitions and General Requirements
Weighing and measuring devices.
Subchapter II — Grading Procedure for Snap Beans for Processing
Grading and sizing procedure.
Subchapter III — Grading Procedure for Fresh Shelled Peas for Canning or Freezing
Deductions for thistle buds, nightshade berries and mustard pod pieces.
Grading and tenderness testing procedure.
Subchapter IV — Grading Procedure for Sweet Corn for Processing
ATCP 155.01 Definitions.
As used in this chapter:
“Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
“Tare" means the weight of extraneous or foreign material in a load of vegetables which is deducted from the gross weight to obtain net weight. “Tare" does not include culled, substandard or undergrade vegetables.
“Vegetables" means sweet corn, snap beans or peas which are grown or sold for use in food processing, whether or not they are actually processed as food.
ATCP 155.01 History
Cr. Register, December, 1990, No. 420
, eff. 1-1-91; CR 06-028: am. (1), (3) and (4) Register November 2006 No. 611, eff. 12-1-06.
ATCP 155.02 Grade standards.
A determination of the condition or qualitative classification of vegetables is a determination of grade. If the amount of payment received by a producer under a vegetable procurement contract depends on the grade of the vegetables, the grade of the vegetables shall be determined according to one of the following:
Alternative grade standards which are clearly specified in writing in the procurement contract.
ATCP 155.02 Note
Note: Copies of USDA grade standards for snap beans for processing, fresh shelled peas for canning or freezing, and sweet corn for processing are on file with the department, the secretary of state, and the legislative reference bureau. Copies may be obtained from the department.
ATCP 155.02 History
Cr. Register, December, 1990, No. 420
, eff. 1-1-91.
Vegetables grown under a procurement contract, if graded for payment purposes, shall be received, handled and graded in compliance with this subchapter and crop-specific requirements under subchs. II
(2) Loading receipt.
When a contractor receives vegetables under a procurement contract, the contractor shall immediately provide the producer with a signed receipt for the vegetables. If the contractor harvests the vegetables, or receives the vegetables at the harvest site, the contractor shall provide the producer with a receipt for each load of vegetables before that load leaves the harvest field. The contractor may leave the loading receipt in a receptacle provided by the producer at the harvest field. The receipt shall include all of the following information:
Identification of the load of vegetables, including the license number of the transport vehicle used to haul the load of vegetables.
(3) Every load sampled; identification of samples.
If vegetables are graded for payment purposes, the contractor shall collect a grading sample from every load of vegetables, according to sampling procedures prescribed under this chapter. The sample may be collected from the transport vehicle at the harvest location or when the vegetables are delivered or unloaded at the processing plant. Each sample shall be identified with all of the following information:
Identification of the load of vegetables from which the sample was drawn, including the license number of the transport vehicle used to haul the vegetables.
(4) Load weight statement.
Within 7 days after a load of vegetables is harvested, the contractor shall mail or deliver to the producer a written statement of load weight. A contractor shall orally provide load weight information on request of the producer made prior to delivery of the written load weight statement. The statement shall identify the load of vegetables, and shall state the weight of the load of vegetables, as determined by the person who weighs the load. The weight statement shall be signed by the weigher when the load is weighed, and may be incorporated with a grade statement under sub. (5)
. If tare is deducted from the weight, tare shall be determined in compliance with sub. (6)
and shall be recorded with the weight statement.
(5) Grade statement.
Within 7 days after a load of vegetables is harvested, the contractor shall mail or deliver to the producer a written grade statement for that load. A contractor shall orally provide grade information on request of the producer made prior to delivery of the written grade statement. The grade statement shall indicate the grade of the load, as determined by the grader and shall be signed by the grader when the load is graded. Grade shall be determined by analyzing the grading sample collected under sub. (3)
, according to standards and procedures prescribed under this chapter. The grade statement shall include all of the following: