ATCP 155.03(5)(g)
(g) The weight of tare in the grading sample, and the percentage of tare calculated on the gross weight of the sample.
ATCP 155.03(6)
(6) Tare. If, under any procurement contract, there is a deduction for tare, tare shall be actual tare as defined under
s. ATCP 155.12 (4) for snap beans,
s. ATCP 155.21 (3) for peas, or
s. ATCP 155.31 (4) for sweet corn. This subsection does not prohibit either of the following:
ATCP 155.03(6)(b)
(b) A payment deduction for undergrade, substandard or culled vegetables graded under subchapters
II to
IV, provided that the undergrade, substandard or culled vegetables are separately identified and graded and are not counted as tare.
ATCP 155.03(7)
(7) Grading location. Vegetables graded under this chapter shall be sampled and graded in this state. Vegetables may be graded outside this state with prior approval from the department. Approval will only be granted if grading is performed by a grader or inspector licensed by the federal department of agriculture.
ATCP 155.03(8)
(8) Review by producer. A producer or producer's representative may observe the loading, weighing, sampling and grading of vegetables grown by that producer, and may review any records required to be kept by the contractor under
s. ATCP 155.05.
ATCP 155.03 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91
; r. and recr. (6),
Register, February, 1995, No. 470, eff. 3-1-95.
ATCP 155.05(1)
(1)
Records required. Every contractor shall maintain copies of the following records for each producer with whom the contractor has entered into a procurement contract:
ATCP 155.05(2)
(2) Records kept for 3 years. Records required under this section shall be kept for 3 years and shall be made available for inspection and copying upon request by the producer, an authorized agent of the producer, or a representative of the department.
ATCP 155.05 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91; r. (1) (f),
Register, December, 1992, No. 444, eff. 1-1-93; reprinted to correct printing error,
Register, November, 1999, No. 527.
ATCP 155.06
ATCP 155.06 Weighing and measuring devices. ATCP 155.06(1)(1)
Good working order. Scales and other measuring devices used in weighing, sampling and grading vegetables shall be maintained in good working order.
ATCP 155.06(2)
(2) Annual inspection and testing. Every scale and measuring device used in weighing, sampling or grading farm products shall be inspected and tested for accuracy annually by the manufacturer of the equipment or an independent testing or service company. Inspection and testing shall comply with applicable specifications, tolerances, standards and procedures required by the national institute of standards and technology and the department. Test weights shall be approved by the department. Annual tests and inspections shall be at the expense of the owner or operator of the scale or measuring device.
ATCP 155.06 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91.
ATCP 155.11(1)
(1)
General. Snap beans for processing shall be weighed, sampled, and graded as soon as reasonably possible after harvest, but not longer than 18 hours after harvest. The contractor shall take necessary and reasonable precautions to preserve the condition of the snap beans at time of harvest until they are graded.
ATCP 155.11(2)
(2) Delay due to extraordinary circumstances; notice. The contractor shall give oral notice to the producer within 18 hours after harvest if, due to extraordinary circumstances, the snap beans cannot be weighed, sampled and graded within the time provided under
sub. (1). Within 7 days after harvest, the contractor shall mail or deliver written notice to the producer, describing the extraordinary circumstances which justify the contractor's failure to comply with
sub. (1).
ATCP 155.11 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91.
ATCP 155.12(1)
(1)
Representative sampling. Each load of snap beans shall be graded on the basis of a grading sample collected under
s. ATCP 155.03 (3). The grading sample shall be collected in compliance with this section. The composite grading sample shall be representative of the entire load of snap beans and shall reflect all qualitative gradations observed in the load by the person who collects the sample.
ATCP 155.12(2)
(2) Component samples; composite sample. At least 10 5-lb. samples of snap beans shall be individually collected from each load of snap beans. The 5-lb. samples shall be combined and thoroughly mixed to form a composite sample weighing not less than 50 lbs. The composite sample shall be used to determine tare for a load of snap beans.
ATCP 155.12(3)
(3) Grading sample drawn from composite sample. A grading sample weighing at least 10 lbs. shall be taken from the thoroughly mixed 50 lb. composite sample under
sub. (2). The 10-lb. grading sample shall be used to determine the grade and size of snap beans.
ATCP 155.12(4)
(4) Tare. Actual tare shall be used in grading snap beans. Actual tare is the amount deducted from the gross weight of the composite sample for extraneous material only. Extraneous material consists of bean vines and leaves, weeds, stones, sticks, loose dirt or other foreign material. All vines attached to beans shall be detached in determining the grade, and shall be included with the extraneous material.
ATCP 155.12 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91.
ATCP 155.13(1)(1)
Grade standards. Snap beans shall be graded for grade characteristics using USDA grade standards or alternative standards specified in writing in the procurement contract.
ATCP 155.13(2)
(2) Size grading. If snap beans are size graded, the grader shall size grade the sample in accordance with USDA size classification standards. When sizing snap beans, the beans shall be fed slowly and evenly through the sizer to avoid crowding. Sieve size No. 5 beans and larger shall be passed through the sizer at least a second time. The largest and smallest looking beans in each size classification shall be sized with a hand sizer to ensure the beans are identified in the proper size classification.
ATCP 155.13(3)
(3) Sizing equipment. Mechanical sizing equipment shall be tested, calibrated and certified by the manufacturer of the equipment or an independent certification agency prior to each harvest season and recalibrated as often as necessary. Sizing equipment shall be cleaned daily, or more frequently if required, and shall be maintained in good working condition.
ATCP 155.13 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91.
ATCP 155.14
ATCP 155.14 Grade statement. Within 7 days after a load of snap beans is harvested, the contractor shall provide the producer with a grade statement for that load, as required by
s. ATCP 155.03 (5). 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 state the percentage by weight of snap beans in each bean size classification and grade category specified in the contract, as determined by the grader under this subchapter. The grade statement shall also include the information required under
s. ATCP 155.03 (5).
ATCP 155.14 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91.
ATCP 155.20(1)
(1)
General. Fresh shelled peas for canning or freezing shall be weighed, sampled and graded as soon as reasonably possible after harvest, but not longer than 6 hours after harvest. The contractor shall take reasonable and necessary precautions to preserve the condition of the peas at the time of harvest until the peas are graded.
ATCP 155.20(2)
(2) Delay due to extraordinary circumstances; notice. The contractor shall give oral notice to the producer within 6 hours after harvest if, due to extraordinary circumstances, the peas cannot be weighed, sampled and graded within the time provided under
sub. (1). Within 7 days after harvest, the contractor shall mail or deliver a written notice to the producer, describing the extraordinary circumstances which justify the contractor's failure to comply with
sub. (1).
ATCP 155.20 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91.
ATCP 155.21(1)
(1)
Representative sampling. Each load of peas shall be graded on the basis of a grading sample collected under
s. ATCP 155.03 (3). The grading sample shall be collected in compliance with this section. The grading sample shall be representative of the entire load of peas and shall reflect all qualitative gradations observed in the load by the person who collects the sample.
ATCP 155.21(2)
(2) Component samples; composite sample. The grading sample collected from a load of peas shall weigh not less than 200 ounces. The grading sample shall consist of ten 20-oz. samples individually drawn from throughout the entire load of peas. The 10 component samples shall be combined and thoroughly mixed to form the composite grading sample, which shall be used to determine grade and tare. The composite grading sample shall be accurately weighed, and the weight shall be recorded.
ATCP 155.21(3)
(3) Tare. Actual tare shall be used in grading peas. All peas shall be removed from any unshelled pods in the sample, and the pods shall be included as tare. Actual tare is the amount deducted from the gross weight of the sample for foreign material only. Foreign material includes shelled pods, thistle buds, nightshade berries, mustard pod pieces and everything in the sample other than the peas themselves. The presence of thistle buds, nightshade berries, mustard pod pieces or other foreign material in the sample shall not affect the grade of the peas. Except as provided under
s. ATCP 155.215, no contractor may deduct for thistle buds, nightshade berries or mustard pod pieces except as tare.
ATCP 155.21 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91; am. (3),
Register, February, 1995, No. 470, eff. 3-1-95.
ATCP 155.215
ATCP 155.215 Deductions for thistle buds, nightshade berries and mustard pod pieces. ATCP 155.215(1)
(1)
General. Under a procurement contract for peas, a contractor may deduct for thistle buds, nightshade berries and mustard pod pieces found among the peas. The deduction shall be made from the net amount that would be payable to the producer and may be applied to harvested peas or unharvested pea acreage according to this section. The procurement contract shall specify the terms of the deduction, consistent with this section. Deductions shall comply with the procurement contract and this section.
ATCP 155.215(2)
(2) Harvested peas; basis for deduction. For each load of harvested peas, the deduction under
sub. (1) shall be based on the actual number of thistle buds, nightshade berries or mustard pod pieces found in a 200-ounce grading sample collected from that load. The sample shall be collected according to
ss. ATCP 155.03 (3) and
155.21.
ATCP 155.215(3)
(3) Unharvested acreage; basis for deduction. For unharvested pea acreage, the deduction under
sub. (1) shall be based on the actual number of thistle buds, nightshade berries or mustard pod pieces found in a composite 200-ounce grading sample collected from the unharvested acreage. The composite sample shall be comprised of component samples collected from the unharvested acreage according to
s. ATCP 101.03 (5) or equivalent field sampling procedures specified in the procurement contract.
ATCP 155.215(4)
(4) Deduction amount. No contractor may make a deduction under
sub. (1) unless the procurement contract specifies the amount of the deduction. Subject to the limits specified under
subs. (5) and
(6), the amount deducted shall be based on the number of thistle buds, nightshade berries or mustard pod pieces found in sampling under
sub. (2) or
(3). Deduction amounts shall be expressed as percentages of the net amount that would be payable to the producer in the absence of any deduction under
sub. (1).
ATCP 155.215(5)
(5) Deduction limitations. No contractor may make a deduction under
sub. (1) unless the procurement contract specifies a number of thistle buds, nightshade berries or mustard pod pieces which, when found in sampling under
sub. (2) or
(3), will cause a deduction to be made under the contract. For purposes of making a deduction, the contract may not specify a number less than 4 thistle buds, 2 nightshade berries, or 20 mustard pod pieces.
ATCP 155.215(6)(a)(a) The amount of the deduction specified under
sub. (4) for each thistle bud in excess of one may not exceed 5% of the net amount payable to the producer absent the deduction.
ATCP 155.215(6)(b)
(b) The amount of the deduction specified under
sub. (4) for each nightshade berry, if the deduction threshold is met, may not exceed 10% of the net amount payable to the producer absent the deduction.
ATCP 155.215(6)(c)
(c) The amount of the deduction specified under
sub. (4) for each aggregate unit of 20 whole or partial pieces of mustard pods may not exceed 5% of the net amount payable to the producer absent the deduction.
ATCP 155.215(6)(d)
(d) The combined deduction specified under
sub. (4) for thistle buds, nightshade berries and mustard pod pieces may not exceed 30% of the net amount that would be payable to the producer absent the deduction.
ATCP 155.215(7)
(7) Unharvested acreage; agreement on deduction. Notwithstanding
sub. (3), a contractor and producer may, without field sampling, agree to a deduction under
sub. (1) for unharvested pea acreage if all of the following apply:
ATCP 155.215(7)(a)
(a) The deduction is determined according to the procurement contract, based on an agreed upon estimate of the number of thistle buds, nightshade berries or mustard pod pieces that would be found by sampling under
sub. (3).
ATCP 155.215(7)(c)
(c) The contractor discloses to the producer in writing, before the producer agrees to the deduction, that the producer has the right to have the field sampled for thistle buds, nightshade berries and mustard pod pieces according to
sub. (3).
ATCP 155.215(7)(d)
(d) The agreement is made in writing and signed by the parties during the scheduled harvest period.
ATCP 155.215 History
History: Cr.
Register, February, 1995, No. 470, eff. 3-1-95.
ATCP 155.22
ATCP 155.22 Grading and tenderness testing procedure. ATCP 155.22(1)(1)
Grade standards. Peas shall be inspected for grade characteristics using USDA grade standards or alternative standards specified in writing in the procurement contract.
ATCP 155.22(2)
(2) Tenderness. If peas are tested for tenderness in a tenderometer or shear press, the peas in the sample shall be washed in running water and cooled to a temperature of 55 to 65
° F. prior to testing. A quantity of not less than 48 ounces from the composite sample shall be used to perform the tenderness test. Tenderness tests shall be conducted on 3 separate portions of the 48 ounce quantity set aside from the composite sample. Peas shall be placed in the tenderometer up to, and level with, the top edge of the test receptacle. If the range between the high and low readings on the 3 separate portions is greater than 6 points, 3 additional readings shall be taken on peas from a second 48 ounce quantity removed from the composite sample and all 6 readings averaged to obtain the tenderness of the peas in the sample.
ATCP 155.22(3)
(3) Devices used to determine tenderness. Tenderometers, shear presses or other devices used to measure the tenderness of peas shall be calibrated and certified by the manufacturer of the equipment or an independent testing agency prior to each harvest season and recalibrated daily or as often as necessary. The equipment shall be cleaned between each tenderness reading and maintained in good working condition.
ATCP 155.22 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91.
ATCP 155.23
ATCP 155.23 Grade statement. Within 7 days after a load of peas is harvested, the contractor shall provide the producer with a grade statement for that load, as required by
s. ATCP 155.03 (5). 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 state the percentage by weight of peas in each grade category, as determined by the grader under this subchapter, and the information required under
s. ATCP 155.03 (5). If tenderness of the peas is determined under
s. ATCP 155.22 (2), the grade statement shall also include the tenderness classification.
ATCP 155.23 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91.
ATCP 155.30(1)
(1)
General. Sweet corn for processing shall be weighed, sampled and graded as soon as possible but not longer than 24 hours after harvest. The contractor shall take necessary and reasonable precautions to preserve the condition of sweet corn at the time of harvest until it is graded.
ATCP 155.30(2)
(2) Delay due to extraordinary circumstances; notice. The contractor shall give oral notice to the producer within 24 hours after harvest if, due to extraordinary circumstances, the sweet corn cannot be weighed, sampled and graded within the time provided under
sub. (1). Within 7 days after harvest, the contractor shall mail or deliver a written notice to the producer, describing the extraordinary circumstances which justify the contractor's failure to comply with
sub. (1).
ATCP 155.30 History
History: Cr.
Register, December, 1990, No. 420, eff. 1-1-91.
ATCP 155.31(1)
(1)
Representative sampling. Each load of sweet corn shall be graded on the basis of a grading sample collected under
s. ATCP 155.03 (3). The grading sample shall be collected and prepared in compliance with this section. The grading sample shall be representative of the entire load of sweet corn and shall consist of all qualitative gradations observed in the load by the person who collects the sample.
ATCP 155.31(2)
(2) Method of sampling. Component samples of approximately equal weight shall be collected from at least 5 separate locations which are representative of the load. The component samples shall then be combined to form a composite grading sample weighing at least 50 lbs.
ATCP 155.31(3)
(3) Sample preparation. The composite grading sample under
sub. (1) shall be prepared for grading as follows:
ATCP 155.31(3)(a)
(a) All ears in the sample shall be completely husked. The shank or stem and any excess tip on the husked ears shall be removed.
ATCP 155.31(3)(b)
(b) If a portion of the shank or stem remaining on any husked ear extends more than one inch from the base of the cob, the shank shall be broken or cut off at a point as close as possible but not more than one inch below the base of the cob.
