Chapter ATCP 100
MILK CONTRACTORS
Subchapter I — General Provisions
ATCP 100.01   Definitions.
Subchapter II — Financial Standards and Security
ATCP 100.10   Financial standards and security; general.
ATCP 100.12   Financial statement.
ATCP 100.13   Fund assessment temporarily affected by merger or acquisition; partial refund.
ATCP 100.135   Contributing milk contractors; fund assessments.
ATCP 100.14   Custom processing services to milk producers.
ATCP 100.16   Producer agents.
ATCP 100.18   Marketing processed dairy products for milk producers.
ATCP 100.20   Disclosures to milk producers.
ATCP 100.22   Producer payroll report.
Subchapter III — Milk Contractor Payments to Producers; Records
ATCP 100.30   Pay statements to milk producers.
ATCP 100.32   Pay records.
Subchapter IV — Discriminatory Payments to Producers
ATCP 100.98   Definitions.
ATCP 100.981   Price discrimination prohibited.
ATCP 100.982   Exemptions.
ATCP 100.983   Cost-justification defense.
ATCP 100.984   Meeting competition defense.
ATCP 100.985   Demanding justification.
ATCP 100.986   Failure to justify discrimination; notice.
ATCP 100.987   Injury to producer.
Note: Chapters Ag 7, 8, 102 to 104 as those chapters existed on November 30, 1992 were repealed, renumbered and revised into chapter Ag 100; Chapter Ag 100 was renumbered chapter ATCP 100 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.
Subchapter I — General Provisions
ATCP 100.01Definitions. In this chapter:
(1)“Affiliate” has the meaning given in s. 126.01 (1), Stats. “Affiliate” includes a person who has significant control or influence over the contractor.
(1m)“Aged cheese” means cheese for which the standard of identity under 21 CFR 133 requires aging for at least 4 months.
(2)“Audited financial statement” has the meaning given in s. 126.01 (3), Stats.
(2m)“Contingent financial backing amount” means the amount of contingent financial backing, if any, which the department holds under s. 126.06, Stats.
(3)“Contributing milk contractor” has the meaning given in s. 126.40 (1), Stats.
(4)“Dairy plant operator” has the meaning given in s. 126.40 (5), Stats., except as provided in s. ATCP 100.98 (4).
(4m)“Disqualified milk contractor” has the meaning given in s. 126.40 (7), Stats.
(4p)“Estimated default exposure” has the meaning given in s. 126.47 (1) (b) 1., Stats.
(4r)“Maximum fund reimbursement” means the deductible amount specified in s. 126.72 (3), Stats.
(5)“Milk contractor” has the meaning given in s. 126.40 (8), Stats.
(5m)“Milk payroll obligation” has the meaning given in s. 126.40 (9), Stats.
(6)“Milk producer” has the meaning given in s. 126.40 (10), Stats.
(7)“Procure producer milk in this state” has the meaning given in s. 126.40 (12), Stats.
(8)“Producer agent” has the meaning given in s. 126.40 (13), Stats.
(9)“Producer milk” has the meaning given in s. 126.40 (14), Stats. “Producer milk” includes producer-owned dairy products that a producer agent manufactures from raw producer milk.
(10)“Reviewed financial statement” has the meaning given in s. 126.01 (20), Stats.
History: Cr. Register, February, 1991, No. 422, eff. 5-1-91; renum. from Ag 8.01 and am. (5), (9) (a) and (17), cr. (18m), Register, November, 1992, No. 443, eff. 12-1-92; cr. (18d) and (19m) r. and recr. (19) (c), am. (20) (b), Register, March, 1994, No. 459, eff. 4-1-94; CR 02-113: r. and recr. Register April 2003 No. 568, eff. 5-1-03; CR 05-068: renum. (1) to be (1m), cr. (1), (2m), (4g), (4m), (4p) and (4r) Register April 2006 No. 604, eff. 5-1-06; CR 07-073: r. (4g), am. (4r), cr. (5m) Register December 2008 No. 636, eff. 1-1-09.
Subchapter II — Financial Standards and Security
Note: This subchapter is adopted under authority of ss. 93.07 (1), 126.49, 126.51 and 126.81, Stats., and interprets ch. 126, Stats. The Wisconsin department of agriculture, trade and consumer protection may enforce this subchapter under subch. VIII of ch. 126, Stats.
ATCP 100.10Financial standards and security; general. A milk contractor shall comply with applicable requirements under ch. 126, Stats.
History: CR 02-113: cr. Register April 2003 No. 568, eff. 5-1-03.
ATCP 100.12Financial statement.
(1)General. A milk contractor’s financial statement, filed under s. 126.44, Stats., shall comply with this section and s. 126.44, Stats.
(2)Liability disclosures. A financial statement shall include a detailed description of all notes, mortgages and other long-term liabilities not due or payable within one year. The description shall be included in the financial statement notes or as an attachment to the financial statement. The description shall indicate the nature of the liabilities, the due dates, and the payment terms.
(3)Liability classification. A financial statement shall classify, as current liabilities, notes payable that do not have a specific due date.
(4)Asset disclosures.
(a) A financial statement shall specifically identify and explain, either in the financial statement notes or as an attachment to the financial statement, the following assets:
1. Every non-trade note or account receivable from an officer, director, employee, partner, or stockholder, or from a member of the family of any of those individuals.
2. Every note or account receivable from a parent organization, a subsidiary, or an affiliate, other than an employee.
Note: “Affiliate” as defined in s. ATCP 100.01 (1) means a person who has significant control or influence. Significant control or influence is a phrase used under generally accepted accounting principals to describe a related party that has sufficient ownership interest to influence the operating and financial policies of an entity.
3. Every note or account that has been receivable for more than one year, unless the milk contractor has established an offsetting reserve for uncollectible notes and accounts receivable.
(b) A financial statement shall include at least one of the following:
1. An allowance for doubtful or uncollectible receivables. The notes to the financial statement shall describe the method used to account for doubtful or uncollectible receivables.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.