Register August 2016 No. 728
Chapter ATCP 156
CERTIFIED SEED POTATOES
Subchapter I - Definitions
Subchapter II - Certification
Seed potato certification; general.
Classifying certified seed potatoes.
Storage and handling of certified seed potatoes.
Approved laboratory or greenhouse.
Review of college actions.
Subchapter III - Grading
Grading certified seed potatoes; general.
Badger state brand.
Yellow tag grade.
Badger state foundation brand.
Yellow tag foundation grade.
Review of grading decisions.
Ch. ATCP 156 Note
Chapter Ag 91 was renumbered chapter ATCP 156 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448
. Chapter ATCP 156 was renumbered sections ATCP 157.01 to 157.08, Register, February, 1996, No. 482
. Ch. ATCP 156 as it existed on 04-30-07 was repealed and a new Ch. ATCP 156 was created, Register April 2007 No. 616
, eff. 5-1-07.
Ch. ATCP 156 Note
This chapter establishes a cooperative program, between the Wisconsin department of agriculture, trade and consumer protection (the “department") and the university of Wisconsin college of agricultural and life sciences (the “college"), for the voluntary certification and grading of seed potatoes in this state.
Under this cooperative program, the college inspects seed potatoes for pathogens, and certifies seed potatoes in appropriate categories based on predicted disease-free reliability. The department inspects and grades college-certified seed potatoes for other measures of quality.
Grading and certification are based on standards and procedures spelled out in this rule. Grading and certification are voluntary (at the request of the seed potato grower). The department and the college charge fees to cover the costs of grading and certification.
The department has adopted this rule pursuant to ss. 93.06 (1)
, 93.07 (1)
, Stats., and pursuant to a memorandum of understanding with the college. Sections ATCP 156.02 (5)
are adopted under s. 100.20 (2)
, Stats. Violations of those sections are subject to applicable penalties and remedies provided in ss. 100.20 (5)
Under this rule and the memorandum of understanding with the college, the department has delegated authority to the college to inspect and certify seed potatoes, and charge fees to cover the college's costs of inspection and certification. Certification decisions by the college may be subject to administrative review by the department, as provided by this chapter.
For purposes of visual inspection under this chapter, the condition caused by Clavibacter michiganensis
For purposes of laboratory testing under this chapter, Clavibacter michiganensis
“Certified seed potatoes" means seed potatoes certified and graded by any of the following:
The seed certification agency in another state, under standards equivalent to those under subchs. II
as determined by the college.
“College" means the college of agricultural and life sciences of the university of Wisconsin-Madison, department of plant pathology.
“Damage" means any defects, except sunburn, greening or hollow heart, which materially detract from the internal or external appearance of a potato, or which cannot be removed without removing more than 5% of the total weight of the potato. “Damage" includes any of the defects identified in s. ATCP 156.11 (1)
“Department" means the Wisconsin department of agriculture, trade and consumer protection.
“Diameter" means the greatest dimension at right angles to the longitudinal axis of a potato, where the longitudinal axis is determined without regard to the position of the stem (rhizome).
“External defect" means a defect that can be detected by inspecting the outer surface of a potato, regardless of whether cutting is needed to determine the extent of internal injury related to the external defect. “External defect" includes any of the defects listed in s. ATCP 156.11 (1)
“Fairly well shaped" means not pointed, dumbbell-shaped or otherwise ill-formed to a material degree.
“Farm" means land in this state on which a seed potato grower produces seed potatoes. “Farm" includes all land, equipment, and storage facilities used to plant, grow, harvest, handle or store potatoes grown on the farm. A “farm" includes all land that the seed potato grower uses to produce potatoes of any kind, except that the seed potato grower and the college may agree to treat non-contiguous tracts of land as separate “farms" if the seed potato grower refrains from doing any of the following:
Storing potatoes from non-contiguous tracts of land in the same storage facility.
Using the same planting, cultivation or harvesting equipment on more than one non-contiguous tract of land, unless the grower cleans and disinfects the equipment according to college specifications between uses on different non-contiguous tracts of land.
“Field propagation" means the outdoor production of potatoes in this state or another state. “Field propagation" does not include any of the following:
“Field inspection" means inspection of growing potato plants on a farm where seed potatoes are produced.
“Foundation seed potatoes" means seed potatoes that are certified for use in the production of other certified seed potatoes. “Foundation seed potatoes" includes all of the following:
Foundation seed potatoes certified, classified and graded as foundation seed potatoes under this chapter, including Badger State Brand Foundation seed potatoes and Yellow Tag Grade Foundation seed potatoes.
ATCP 156.01 Note
Foundation seed potatoes may be produced from, among other things, “Elite Source" potatoes produced by the college. See s. ATCP 156.03 (1)
Seed potatoes that the seed certification agency in another state has certified, classified and graded as foundation seed potatoes for use as seed for certified seed potatoes, under standards equivalent to those in this chapter as determined by the college.
“Internal defect" means any defect that cannot be detected without cutting the potato. “Internal defect" includes any of the defects listed in s. ATCP 156.11 (2)
“Internal discoloration" means discoloration on the inside of a potato, including discoloration caused by necrosis, stem-end browning or internal brown spot.
“Leafroll" means the condition caused by leafroll virus.
“Line" means all generations of propagative material descended from a single tissue culture plantlet, or from a single set of tissue culture plantlets of the same potato variety or selection. “Line" does not include other tissue culture plantlets subsequently produced from tubers or plants in the line, or any propagative material descended from those other tissue culture plantlets.
“Lot" means potatoes of the same variety and line that are produced from the same type of propagative material from the same source, and are grown on the same farm in the same year.
“Microtubers" means pathogen-free tubers produced aseptically in tissue culture.