EmR1803 Rule Text

(2) Assessment amount.

(a) A contributing vegetable contractor that reports less than $500,000 in contract obligations under s. 126.56 (9) (am), Stats., shall pay a fund assessment equal to the greater of the following amounts:

.1. $100.

2. The sum of the amounts calculated under s. 126.60 (1) (a) and (b), Stats. If all of the contract obligations reported by the vegetable contractor under s. 126.56 (9) (am), Stats., were made under written contracts where payments were required no more than 30 days after taking custody or control of the vegetables, then further divide this amount by 2.

(b) A contributing vegetable contractor that reports at least $500,000 but less than $4 million in contract obligations under s. 126.56 (9) (am), Stats., shall pay a fund assessment equal to the greater of the following amounts:

1. $200.

  2. The sum of the amounts calculated under s. 126.60 (1) (a) and (b), Stats. If all of the contract obligations reported by the vegetable contractor under s. 126.56 (9) (am), Stats., were made under written contracts where payments were required no more than 30 days after taking custody or control of the vegetables, then further divide this amount by 2.

(c) A contributing vegetable contractor who reports $4 million or more in contract obligations under s. 126.56 (9) (am), Stats., shall pay an fund assessment equal to the greater of following amounts:

1. $500.

2. The sum of the amounts calculated under s. 126.60 (1) (a) and (b), Stats. If all of the contract obligations reported by the vegetable contractor under s. 126.56 (9) (am), Stats., were made under written contracts where payments were required no more than 30 days after taking custody or control of the vegetables, then further divide this amount by 2.

(d) If the fund balance attributable to vegetable contractors is less than $800,000 on November 30 of the preceding license year, a contributing vegetable contractor shall pay the sum of the amount calculated under either (a), (b), or (c) and the lesser of:

1.

$50,000. If all of the contract obligations reported by the vegetable contractor under s. 126.56 (9) (am), Stats., were made under written contracts where payments were required no more than 30 days after taking custody or control of the vegetables, then this amount is $25,000.

2.

The amount of contract obligations under s. 126.56 (9) (am), Stats., multiplied by 0.002. If all of the contract obligations reported by the vegetable contractor under s. 126.56 (9) (am), Stats., were made under written contracts where payments were required no more than 30 days after taking custody or control of the vegetables, then divide this amount by 2.

Section 5. Effective date: This emergency rule takes effect on February 1, 2018, and remains in effect for two years. The department implements this emergency rule as provided in s. 126.88 (2)(b), Stats.

Dated this _______ day of ______________________, 2018.

      WISCONSIN DEPARTMENT OF AGRICULTURE,

      TRADE AND CONSUMER PROTECTION

      By: _______________________________________

      Sheila Harsdorf

Secretary