ATCP 156.13(4)(b)
(b) A diameter that exceeds the maximum guaranteed by the seller, if the seller guarantees a maximum diameter.
ATCP 156.13(5)
(5) Defect tolerances. A lot of yellow tag grade certified seed potatoes may not contain any of the following defects in excess of the following tolerances, specified as a percentage by weight of affected potatoes compared to weight of potatoes in the lot:
ATCP 156.13(6)
(6) Sale in bags or totes. The following requirements apply whenever yellow tag grade certified seed potatoes are sold in bags or totes, as certified seed potatoes:
ATCP 156.13(6)(a)
(a) The potatoes shall be sold only in clean new bags or totes. Each bag or tote shall be conspicuously labeled with the name and address of the seller.
ATCP 156.13(6)(b)
(b) No brand, other than the seller's trademark, may appear on the bag or tote without the department's approval.
ATCP 156.13(6)(d)
(d) Each bag or tote shall bear a net weight statement, and any potato size guarantees under
subs. (2) to
(4) that differ from standard sizes specified in
subs. (2) to
(4).
ATCP 156.13(6)(e)
(e) Each bag, if hand sewn, shall be sealed with a seal issued by the department.
ATCP 156.13 Note
Note: “Sell," as defined in s.
ATCP 156.01 (30), means “to contract or offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale."
ATCP 156.13(7)
(7) Sale in bulk. The following requirements apply whenever yellow tag grade certified seed potatoes are sold in bulk, as certified seed potatoes:
ATCP 156.13(7)(a)
(a) The potatoes shall be sold in a sealed container or conveyance that is thoroughly cleaned and disinfected before each use as a seed potato container or conveyance.
ATCP 156.13 Note
Note: “Sell," as defined in s.
ATCP 156.01 (30), means “to contract or offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale."
ATCP 156.13 History
History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07. ATCP 156.14(1)(1)
Grade requirements. To qualify for the badger state foundation brand, a lot of certified seed potatoes shall meet all of the following requirements:
ATCP 156.14(1)(a)
(a) The college shall certify the lot under subchapter
II as foundation seed potatoes.
ATCP 156.14(1)(b)
(b) The lot shall comply with all requirements applicable to badger state brand certified seed potatoes under
s. ATCP 156.12.
ATCP 156.14(2)
(2) Sale in bags. The following requirements apply whenever badger state foundation brand seed potatoes are sold in bags or totes, as certified foundation seed potatoes:
ATCP 156.14(2)(a)
(a) The potatoes shall be sold only in clean new bags or totes. Each bag or tote shall be labeled with the name and address of the seller.
ATCP 156.14(2)(b)
(b) Each bag or tote may be labeled with the words “Badger State Brand." No other brand, other than the seller's trademark, may appear on the bag without the department's approval.
ATCP 156.14(2)(e)
(e) Each bag or tote shall bear a statement of potato size guarantees if the guaranteed sizes differ from the sizes specified for yellow tag grade potatoes in
s. ATCP 156.12 (2) to
(4).
ATCP 156.14(2)(f)
(f) Each bag, if hand sewn, shall be sealed with a seal issued by the department.
ATCP 156.14 Note
Note: “Sell," as defined in s.
ATCP 156.01 (30), means “to contract or offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale."
ATCP 156.14(3)
(3) Sale in bulk. The following requirements apply whenever badger state foundation brand seed potatoes are sold in bulk, as certified foundation seed potatoes:
ATCP 156.14(3)(a)
(a) The potatoes shall be sold in a sealed container or conveyance that is thoroughly cleaned and disinfected before each use as a seed potato container or conveyance.
ATCP 156.14 Note
Note: “Sell," as defined in s.
ATCP 156.01 (30), means “to contract or offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale."
ATCP 156.14 History
History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07. ATCP 156.15(1)(1)
Grade requirements. To qualify for the yellow tag foundation grade, a lot of certified seed potatoes shall meet all of the following requirements:
ATCP 156.15(1)(a)
(a) The college shall certify the lot under subch.
II as foundation seed potatoes.
ATCP 156.15(1)(b)
(b) The lot shall comply with all requirements applicable to yellow tag grade certified seed potatoes under
s. ATCP 156.13.
ATCP 156.15(2)
(2) Sale in bags or totes. The following requirements apply whenever yellow tag foundation grade seed potatoes are sold in bags or totes, as certified foundation seed potatoes:
ATCP 156.15(2)(a)
(a) The potatoes shall be sold only in clean new bags or totes. Each bag or tote shall be labeled with the name and address of the seller.
ATCP 156.15(2)(b)
(b) Each bag or tote may be labeled with the words “Yellow Tag Grade." No other brand, other than the seller's trademark, may appear on the bag without the department's approval.
ATCP 156.15 Note
Note: “Sell," as defined in s.
ATCP 156.01 (30), means “to contract or offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale."
ATCP 156.15(3)
(3) Sale in bulk. The following requirements apply whenever yellow tag grade foundation seed potatoes are sold in bulk, as certified foundation seed potatoes:
ATCP 156.15(3)(a)
(a) The potatoes shall be sold in a sealed container or conveyance that is thoroughly cleaned and disinfected before each use as a seed potato container or conveyance.
ATCP 156.15 Note
Note: “Sell," as defined in s.
ATCP 156.01 (30), means “to contract or offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale."
ATCP 156.15 History
History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07. ATCP 156.16
ATCP 156.16 Misrepresentations. No person may do any of the following in connection with the sale of potatoes:
ATCP 156.16(1)
(1) Represent the potatoes as Wisconsin graded seed potatoes unless the potatoes are graded, handled and accurately labeled according to this subchapter.
ATCP 156.16(2)
(2) Misrepresent the grade of certified seed potatoes, or the basis for that grade.
ATCP 156.16 Note
Note: Section
ATCP 156.16 is adopted under authority of s.
100.20(2), Stats. The department may prosecute fraudulent misrepresentations of grade pursuant to s.
100.20(6) or
100.26, Stats. A buyer who suffers a monetary loss because of a fraudulent misrepresentation of grade may bring a private court action for double damages, costs and attorney fees, pursuant to s.
100.20 (5), Stats.
ATCP 156.16 History
History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07. ATCP 156.17(1)(1)
Request. A person adversely affected by a department grading decision under this subchapter may make a written request for department review of that decision.
ATCP 156.17(2)(a)(a) If the department receives a written request under
sub. (1), a department representative shall hold an informal meeting with the requester. The department 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 156.17(2)(b)
(b) At the informal meeting under
par. (a), the department may explain the basis for its decision. A requester may also present information or arguments related to the decision.
ATCP 156.17(3)
(3) Contested case. If a disputed matter under
sub. (1) is not resolved after a meeting under
sub. (2), the affected person may request a contested case hearing before the department, pursuant to
ch. 227, Stats., and
ch. ATCP 1. The person shall make the request under
s. ATCP 1.06. The department shall grant or deny the hearing request as provided in
s. ATCP 1.06 (3).
ATCP 156.17 History
History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.
