ATCP 156.08(2)(a)(a) If the college receives a written request under
sub. (1), a representative designated by the college shall hold an informal meeting with the requester. The college shall hold the informal meeting within 30 days after it receives the written request, unless the requester agrees to a later meeting date. The meeting may be held in person or by telephone.
ATCP 156.08(2)(b)
(b) At the informal meeting under
par. (a), the college may explain the basis for its action. A requester may also present information or arguments related to the action.
ATCP 156.08(3)(a)(a) If a disputed matter under
sub. (1) is not resolved after a meeting under
sub. (2), the person who requested the meeting may request a contested case hearing before the department, pursuant to s.
227.42, Stats., and
ch. ATCP 1. The person shall make the request under
s. ATCP 1.06, as if the person were requesting a hearing on a department action. The department shall grant or deny the hearing request as provided in
s. ATCP 1.06 (3).
ATCP 156.08(3)(b)
(b) Following a contested case hearing under
ch. 227, Stats., and
ch. ATCP 1, the department may reverse, modify or remand an action of the college under this subchapter if the department finds that the action is contrary to this subchapter. The department may not reverse, modify or remand an action of the college if the college has acted within the scope of its discretion under this subchapter.
ATCP 156.08 History
History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07. ATCP 156.10
ATCP 156.10 Grading certified seed potatoes; general. ATCP 156.10(1)(1)
Grading by department. At the request of a seed potato grower, the department may grade a lot of seed potatoes that the college has certified under
s. ATCP 156.02 (1). The department shall grade the lot according to this subchapter, based on a grading inspection under
sub. (5). The department may not grade the lot until the college issues its certification in writing under
s. ATCP 156.02 (3).
ATCP 156.10(2)
(2) Grade assignment. Whenever the department grades a lot of certified seed potatoes under
sub. (1), the department shall assign that lot a grade under
sub. (3). The department may refuse to assign a grade if the lot fails to comply with any of the grade standards under
sub. (3). The department shall do all of the following whenever the department assigns a grade to a lot:
ATCP 156.10(2)(a)
(a) Issue to the seed potato grower a grade certificate that includes all of the following:
ATCP 156.10 Note
Note: A graded lot may be a subset of a lot certified by the college under subch. II.
ATCP 156.10(2)(a)3.
3. A description of the graded lot. The description shall include the potato variety and shall identify the storage bin, container or conveyance in which the potatoes were held when graded.
ATCP 156.10(2)(a)5.
5. The identification numbers of the department seals issued for the graded lot under
par. (b).
ATCP 156.10(2)(b)
(b) Issue an appropriate number of seals for the graded lot. Each seal shall bear an identification number that is unique to that seal. The seed potato grower may use the seals to attach certification tags, issued by the college under
s. ATCP 156.02 (3) (a), to seed potato shipments from the graded lot. Certification tags shall be those issued for the certification lot from which the graded lot originates.
ATCP 156.10 Note
Note: The issuance of the seal does not necessarily mean the department actually seals the bag, tote, bin, truck or other container of inspected potatoes. In many cases, the potatoes are handled by other persons after the department inspects the potatoes and before they are delivered to the customer.
ATCP 156.10(3)
(3) Grades and grade standards. The following grades of certified seed potatoes shall meet the following grade standards:
ATCP 156.10(3)(c)
(c)
Badger state foundation brand. Badger state foundation brand potatoes shall meet the grade standards in
s. ATCP 156.14.
ATCP 156.10(4)
(4) Request for grading. A seed potato grower shall make a grading request under
sub. (1) in writing, on a form provided by the department. The requester shall agree to pay the department's reasonable grading costs, as determined by the department. A grading request may cover 2 or more lots of seed potatoes.
ATCP 156.10 Note
Note: To obtain the form required under sub. (4), a seed potato grower may do any of the following:
• Visit the department's website at
www.datcp.state.wi.us.
• Call the department's fruit and vegetable inspection office at 715/345-5212.
• Call the department's Bureau of Business Trade Practices at 608/224-4998.
ATCP 156.10(5)
(5) Grading inspection. The department shall grade a lot of certified seed potatoes based on visual inspection of one or more samples of potatoes selected from that lot. The department shall select samples that appear to be visually representative of the lot. Each sample shall include at least 20 pounds of potatoes and the number of individual samples from each lot may vary with the size of the lot. Tolerances for size and defects shall be calculated on the basis of weight. The department shall inspect enough samples to obtain a reliable representation of the lot.
ATCP 156.10(6)(a)(a) The occurrence rate for a defect or size violation in a graded lot, determined as an average of the occurrence rates for each of the samples selected under
sub. (5) from the graded lot, may not exceed the applicable tolerance specified under
s. ATCP 156.12 or
156.13.
ATCP 156.10(6)(b)
(b) Within an individual sample selected under
sub. (5) from a graded lot, except as provided in
par. (c) or
(d):
ATCP 156.10(6)(b)1.
1. No defect or size violation may occur at a rate that is more than 1.5 times the applicable tolerance specified in
s. ATCP 156.12 or
156.13 if that tolerance is more than 10%.
ATCP 156.10(6)(b)2.
2. No defect or size violation may occur at a rate that is more than twice the applicable tolerance specified in
s. ATCP 156.12 or
156.13 if that tolerance is 10% or less.
ATCP 156.10(6)(d)
(d) Potatoes damaged by freezing, soft rot or wet breakdown may not occur, at more than 3 times the applicable tolerance specified in
s. ATCP 156.12 or
156.13, in more than one-tenth of the samples selected under
sub. (5) from a graded lot.
ATCP 156.10 History
History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07. ATCP 156.11(1)
(1)
External defects. External defects in a certified seed potato include the following:
ATCP 156.11(1)(b)
(b) Shallow air cracks that materially detract from the appearance of the potato.
ATCP 156.11(1)(c)
(c) Second growth or growth cracks that materially detract from the appearance of the potato.
ATCP 156.11(1)(d)
(d) Brown or dark skin discoloration that materially detracts from the appearance of the potato.
ATCP 156.11(1)(g)
(g) One or more scabs that together cover more than 5% of the potato surface. Scabs may include pitted scabs.
ATCP 156.11(1)(h)
(h) Pitted scab that causes a loss of more than 5% of the weight of the potato.
ATCP 156.11(1)(i)
(i) Rhizoctonia that materially detracts from the appearance of the potato.
ATCP 156.11(1)(j)1.
1. In a potato that is at approximately 2
½ inches wide or weighs approximately 6 ounces, a hole more than
¾ inch long or multiple holes with an aggregate length of more than 1
¼
inch.
ATCP 156.11(1)(k)
(k) A more than slight amount of dirt or foreign matter adhering to the potato, or present in the sample of potatoes.
ATCP 156.11(2)
(2) Internal defects. Internal defects in a certified seed potato include the following:
ATCP 156.11(2)(a)
(a) Ingrown sprouts, if removal causes a loss of more than 5% of the weight of the potato.
ATCP 156.11(2)(b)
(b) Internal discoloration, occurring entirely within the vascular ring, which includes any of the following:
ATCP 156.11(2)(b)1.
1. In a potato that is at approximately 2
½ inches wide or weighs approximately 6 ounces, the equivalent of 3 scattered light brown spots 1/8 inch in diameter.
ATCP 156.11(2)(b)2.
2. A proportionately smaller or larger number or size of spots in a smaller or larger potato.
ATCP 156.11(2)(c)
(c) Internal discoloration located or extending outside of the vascular ring, if removal causes a loss of more than 5% of the weight of the potato.
ATCP 156.11(3)
(3) Defects constituting serious damage. The following defects constitute serious damage:
ATCP 156.11(3)(b)
(b) Brown or dark skin discoloration that seriously detracts from the appearance of the potato.
ATCP 156.11(3)(d)
(d) One or more scabs that together cover more than 50% of the potato surface. Scabs may include pitted scabs.
ATCP 156.11(3)(e)
(e) Pitted scab that causes a loss of more than 10% of the weight of the potato.
ATCP 156.11(3)(f)1.
1. In a potato that is at approximately 2
½ inches wide or weighs approximately 6 ounces, a hole more than 1
¼ inches long or multiple holes with an aggregate length of more than 2 inches.
ATCP 156.11(3)(g)
(g) Ingrown sprouts, if removal causes a loss of more than 10% of the weight of the potato.
ATCP 156.11(3)(h)
(h) Internal discoloration, occurring entirely within the vascular ring, which includes any of the following:
ATCP 156.11(3)(h)1.
1. In a potato that is at approximately 2
½ inches wide or weighs approximately 6 ounces, the equivalent of 6 scattered light brown spots 1/8 inch in diameter.
ATCP 156.11(3)(h)2.
2. A proportionately smaller or larger number or size of spots in a smaller or larger potato.
ATCP 156.11(3)(i)
(i) Internal discoloration located or extending outside of the vascular ring, if removal causes a loss of more than 10% of the weight of the potato.
ATCP 156.11 History
History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07. ATCP 156.12(1)
(1)
Grade requirements. To qualify for the badger state brand, a lot of certified seed potatoes shall meet all of the following requirements:
ATCP 156.12(1)(b)
(b) All potatoes in the lot shall be of the same variety, subject to a tolerance of 0.25% for varietal mixture. The tolerance shall be applied according to
s. ATCP 156.10 (6).
ATCP 156.12(1)(e)
(e) No potatoes in the lot may be frozen at the time of inspection.
ATCP 156.12 Note
Note: See definition of “damage" in s.
ATCP 156.01 (4). “Damage" includes, but is not limited to, “serious damage" as defined in s.
ATCP 156.01 (31).
ATCP 156.12(2)(a)(a) Except as provided in
par. (b), not more than 3% of the potatoes in any lot of badger state brand certified seed potatoes may have a diameter smaller than 1
½ inches or, if the seller guarantees a different minimum diameter, the minimum diameter guaranteed.
