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100.03
(3) (b)
Surcharge for operating without a registration certificate. A
17contractor who applies for a registration certificate under sub. (2) shall pay a
18surcharge of $500 if the department determines that, within 365 days before
19submitting the application, the contractor procured a
farm product vegetable from
20a producer without a registration certificate in violation of sub. (2). Payment of the
21surcharge does not relieve the contractor of any other civil or criminal liability that
22results from the procurement of the
farm product
vegetable, but it does not constitute
23evidence of any law violation.
SB430, s. 12
24Section
12. 100.03 (4) (a) of the statutes is amended to read:
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1100.03
(4) (a) The contractor's total paid and unpaid contractual obligations to
2producers, for
farm products vegetables tendered or delivered, that have accrued
3during the registration year immediately preceding the registration year for which
4application is made.
SB430, s. 13
5Section
13. 100.03 (4) (c) of the statutes is amended to read:
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100.03
(4) (c) The contractor's anticipated maximum liability to producers
7during the registration year for which application is made. The application shall
8state if the contractor anticipates a maximum liability of zero. If so, the application
9also shall state whether the contractor anticipates a maximum liability of zero
10because the contractor plans to make cash payment on delivery under every
11procurement contract, or because the contractor plans to procure all
farm products 12vegetables from another contractor. A contractor shall immediately notify the
13department in writing if, at any time during the registration year, the contractor has
14reason to believe that the contractor's maximum liability will exceed the maximum
15liability previously anticipated and reported to the department.
SB430, s. 14
16Section
14. 100.03 (4) (f) of the statutes is amended to read:
SB430,5,2017
100.03
(4) (f) Whether the contractor is a producer-owned cooperative or
18organization doing business on a cooperative pooling basis with its producer owners,
19and whether the producer-owned cooperative or organization procures any
farm
20products vegetables from producers who are not its producer owners.
SB430, s. 15
21Section
15. 100.03 (5) (c) 1. and 3. of the statutes are amended to read:
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100.03
(5) (c) 1. A contractor who either plans to make payment on delivery for
23all
farm products vegetables tendered or delivered by producers, or to procure all
24farm products vegetables from another contractor, and who submits a sworn and
25notarized statement to that effect under sub. (4) (c).
SB430,6,3
13. A producer-owned cooperative or organization that procures
farm products 2vegetables solely on a cooperative pooling basis from its producer owners, and that
3submits under sub. (4) a sworn and notarized statement to that effect.
SB430, s. 16
4Section
16. 100.03 (6) (b) 1. of the statutes is amended to read:
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100.03
(6) (b) 1. If a procurement contract does not specify a payment date in
6writing, the contractor shall pay a liability to a producer by the 15th day of the month
7immediately following the month in which the producer tendered or delivered the
8farm products vegetables under the contract, or by an earlier date agreed upon
9between the parties.
SB430, s. 17
10Section
17. 100.03 (6) (b) 3. of the statutes is amended to read:
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100.03
(6) (b) 3. By January 31 of each registration year, a contractor shall pay
12for all
farm products vegetables that were delivered by producers on or before
13December 31 of that registration year. This requirement does not apply if a written
14contract specifying a later payment date was approved by a vote of producers who
15delivered f
arm products vegetables to the contractor during the preceding
16registration year. To obtain the approval of producers, a contractor shall give
17advance written notice to every eligible producer. The notice shall include a copy of
18the proposed contract and shall announce a meeting at which producers will be asked
19to vote on the proposed contract. The notice shall also include a mail ballot by which
20a producer may cast his or her vote without attending the meeting. Voting shall be
21by secret ballot. The proposed contract shall be approved by a majority of the
22producers who vote on the proposed contract. The contractor shall file a sworn
23statement with the department, on a form provided by the department, certifying the
24results of the balloting.
SB430, s. 18
25Section
18. 100.03 (6) (b) 4. of the statutes is amended to read:
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1100.03
(6) (b) 4. If a producer tenders or delivers
farm products vegetables to
2a contractor after December 31 of any registration year, the contractor shall pay the
3producer for the
farm products vegetables by the 15th day of the month following the
4month in which the
farm products vegetables were tendered or delivered, or within
530 days after tender or delivery.
SB430, s. 19
6Section
19. 100.03 (7) (c) 1. of the statutes is amended to read:
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100.03
(7) (c) 1. The contractor makes payment on delivery for all
farm
8products vegetables obtained from producers.
SB430, s. 20
9Section
20. 100.03 (8) (b) 6. of the statutes is amended to read:
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100.03
(8) (b) 6. If the contractor is an operator, a food processing plant
11trusteeship under which processed
farm products vegetables equivalent to not less
12than 30% of the raw fa
rm products vegetables received from producers are set aside
13in trust for the producers.
SB430, s. 21
14Section
21. 100.03 (8) (bm) 1. a. of the statutes is amended to read:
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100.03
(8) (bm) 1. a. Provide that no portion of the set-aside
products inventory 16may be released from trust unless an amount equivalent to the value of the released
17products inventory has been paid to producers or to the trustee for payment to
18producers. Payments under this subd. 1. a. shall be made to all producers to whom
19liabilities are owed, in proportionate amounts based on the size of the liability to each
20producer.
SB430, s. 22
21Section
22. 100.03 (15) (title) of the statutes is amended to read:
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100.03
(15) (title)
Farm product Vegetable grading and tare.
SB430, s. 23
23Section
23. 100.03 (15) (a) (intro.) of the statutes is amended to read:
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100.03
(15) (a)
Grading procedures and grade standards. (intro.) If under a
25procurement contract the amount received by the producer depends on the grade of
1the
farm products vegetables, the
farm products vegetables shall be graded in
2compliance with all of the following:
SB430, s. 24
3Section
24. 100.03 (15) (c) of the statutes is amended to read:
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100.03
(15) (c)
Price-fixing not permitted. This subsection does not fix or
5regulate the price paid for any
farm product vegetable.
SB430, s. 25
6Section
25. 100.03 (18) of the statutes is amended to read:
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100.03
(18) Summary order requiring payment on delivery. If the department
8has reasonable grounds to believe that a contractor does not meet the minimum
9financial standards under sub. (7), and does not have adequate security on file under
10sub. (8), the department may issue a summary special order requiring the contractor
11to make payment on delivery for all
farm products
vegetables. A summary special
12order shall set forth the specific basis for the order. The order shall remain in effect
13until the contractor meets the financial standards under sub. (7) or files adequate
14security under sub. (8). A person adversely affected by a special order under this
15section shall be given a prompt hearing before the department upon request, under
16ch. 227.
SB430, s. 26
17Section
26. 100.03 (19) (a) (intro.) of the statutes is amended to read:
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100.03
(19) (a)
Grounds. (intro.) The department may summarily suspend the
19contractor's registration certificate when necessary to prevent clear and imminent
20harm to producers if the department has reasonable grounds to believe that a
21contractor has failed to make payment on delivery for
farm products vegetables,
22procured from producers, contrary to any of the following: