Chapter ATCP 156

ATCP 156.03(6)(c)2. 2. Cleans and disinfects relevant potato equipment and facilities in a manner approved by the college.

ATCP 156.03(7) (7) Variance allowed by college.

ATCP 156.03(7)(a) (a) Notwithstanding subs. (3) and (4), the college may certify a lot of seed potatoes that fails to comply with one or more standards under sub. (3) or (4) if the college documents all of the following in the certification document under s. ATCP 156.02 (3):

ATCP 156.03(7)(a)1. 1. Special conditions justify the certification, and there is a reasonable likelihood that the next generation of seed potatoes grown from the non-complying lot will comply with the standards under subs. (3) and (4).

ATCP 156.03(7)(a)2. 2. No bacterial ring rot has been found in the lot.

ATCP 156.03(7)(a)3. 3. The certification will not jeopardize seed potato quality, or pose a significant risk of harm to the potato industry or consumers.

ATCP 156.03(7)(b) (b) A seed potato grower may submit a written request for certification under par. (a). The requester shall provide information to show that the requested action would comply with par. (a).

ATCP 156.03(7)(c) (c) The college may require laboratory tests of a representative sample of the seed potato lot for which the variance is requested.

ATCP 156.03 History History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.

ATCP 156.04 ATCP 156.04 Certification inspections.

ATCP 156.04(1) (1) Field inspection. Before the college certifies a lot of seed potatoes, the college shall conduct at least 2 field inspections of the farm on which that lot is being grown. The college shall visually inspect at least 100 potato plants per acre of plants from which the lot is produced, and may inspect any other potato plants growing on the farm. The inspection of a potato plant may include a visual inspection of the plant and any tubers from the plant. The college shall inspect potato plants for compliance with the standards in s. ATCP 156.03 (2) and (3).

ATCP 156.04(2) (2) Harvest inspection. Before the college certifies a lot of seed potatoes, the college shall visually inspect a representative sample of harvested tubers chosen from that lot. The college shall choose the tubers at harvest, or after the tubers have been harvested and stored. The college shall visually inspect at least 100 tubers for each harvested acre of tubers comprising the lot, and may inspect any other tubers harvested from the farm. The college shall inspect tubers for compliance with the standards under s. ATCP 156.03 (3).

ATCP 156.04(3) (3) Post-harvest test.

ATCP 156.04(3)(a) (a) Except as provided in par. (b) or s. ATCP 156.03 (4) (b), the college shall conduct a post-harvest test on each lot of certified seed potatoes. The college shall conduct the post-harvest test according to par. (c). The college may not certify foundation seed potatoes until it completes the post-harvest test, but may certify other seed potatoes before completing the post-harvest test.

ATCP 156.04 Note Note: The college must perform a post-harvest test before certifying foundation seed potatoes. The college may certify other seed potatoes before completing a post-harvest test, but must withdraw the certification if the post-harvest test shows a violation of standards under s. ATCP 156.03 (4).

ATCP 156.04(3)(b) (b) No post-harvest test is required under par. (a) if the certified lot will be planted in the following season on fewer than 0.25 acres and only on the grower’s own farm.

ATCP 156.04(3)(c) (c) For a post-harvest test under par. (a), the grower shall deliver to a location specified by the college a representative sample of 400 tubers for every 50 acres from each lot to be certified, with a maximum of 4 samples per lot. Each tuber shall be 1¾ to 2¼ inches in diameter and no more than 2½ inches long. The college shall plant the tubers in a winter growing location chosen by the college. The college shall inspect the potato plants and potatoes grown from those tubers for compliance with the standards under s. ATCP 156.03 (4) (a).

ATCP 156.04(3)(d) (d) The college shall deny or withdraw its certification of a seed potato lot if the seed potato grower impedes or fails to permit a post-harvest test under this subsection. If the college is unable to perform a post-harvest test because of conditions outside the control of the seed potato grower or the college, the lack of a post-harvest test does not affect the validity of a certification under s. ATCP 156.02 (1).

ATCP 156.04 History History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.

ATCP 156.05 ATCP 156.05 Classifying certified seed potatoes.

ATCP 156.05(1) (1) General.

ATCP 156.05(1)(a) (a) The college shall classify certified seed potatoes according to Table 3. The college shall use the standard classification except that, if the seed potatoes are descended from propagative material approved under s. ATCP 156.03 (1) (f), the college shall use the experimental classification.

- See PDF for table

ATCP 156.05(1)(b) (b) In Table 3:

ATCP 156.05(1)(b)1. 1. “F” means foundation seed potatoes.

ATCP 156.05(1)(b)2. 2. “Ex” means experimental foundation seed potatoes.

ATCP 156.05(1)(b)3. 3. “Certified” means certified seed potatoes other than foundation seed potatoes.

ATCP 156.05(1)(b)4. 4. In each column, classifications are listed from highest (top) to lowest (bottom).

ATCP 156.05(2) (2) Classification based on years of field propagation.

ATCP 156.05(2)(a) (a) Except as provided in sub. (3), the college may not do any of the following:

ATCP 156.05(2)(a)1. 1. Certify, under the standard classification, seed potatoes from a line with more than 7 generations of field propagation.

ATCP 156.05(2)(a)2. 2. Certify, under the experimental classification, seed potatoes from a line with more than 3 generations of field propagation. The college shall classify the first field-propagated generation as “Ex5.”

ATCP 156.05 Note Note: “Field propagation” does not include outdoor production of propagative material at a breeding farm, prior to time that the college approves that propagative material under s. ATCP 156.03 (1) (f) for use at a seed potato farm. See s. ATCP 156.01 (10) (b).

ATCP 156.05(2)(b) (b) The college shall downgrade the classification of certified seed potatoes by one step for each year of field propagation, except that no potatoes may be certified as foundation seed potatoes unless they meet the standards under s. ATCP 156.03.

ATCP 156.05 Note Note: Pathogen populations in seed potatoes normally increase with each year (generation) of field propagation. Under the standard classification system, seed potatoes may be certified for up to 6 generations as “foundation” seed potatoes (for use as seed for other certified seed potatoes). The 7th generation may be certified as seed for commercial potatoes, but not for growing other certified seed potatoes.
  Seed potatoes are normally downgraded by one step for each year of field propagation. But if they fail to meet standards under s. ATCP 156.03 (5) for “foundation” seed potatoes, they must be downgraded to “certified” class even if they have been propagated in the field for fewer than 7 years. If they fail to meet the basic standards for certification under s. ATCP 156.03, they may not be certified at all.

ATCP 156.05(2)(c) (c) Foundation seed potatoes certified by another state shall be treated as having an equivalent classification under Table 3 based on years of field propagation. If the seed potatoes do not bear a classification showing the year of field propagation, they shall be treated as FY5.

ATCP 156.05 Note Note: Under s. ATCP 156.03 (1) (e), foundation seed potatoes certified by another state may be used to grow certified seed potatoes in this state if the other state uses equivalent certification standards and the college pre-approves the use.

ATCP 156.05(3) (3) Classification renewal.

ATCP 156.05(3)(a) (a) The college may grant one of the following classification renewals one time for any line of certified seed potatoes:

ATCP 156.05(3)(a)1. 1. The college may classify, as “FY5” rather than “certified,” certified seed potatoes produced from seed potatoes classified as “FY6.”

ATCP 156.05(3)(a)2. 2. The college may classify, as “Ex5” rather than “certified,” certified seed potatoes produced from seed potatoes classified as “Ex6.”

ATCP 156.05 Note Note: Among other things, a classification renewal under par. (a) may allow continued production of a minor or experimental variety for which there may be a limited seed supply. A renewal gives seed potato growers another 3 years to find a new seed source for that variety.

ATCP 156.05(3)(b) (b) The college may grant a classification renewal under par. (a) if all of the following apply:

ATCP 156.05(3)(b)1. 1. The seed potato grower requests the renewal in writing, and submits information to justify the renewal.

ATCP 156.05 Note Note: For example, the seed potato grower may document favorable test results, “tuber unit planting,” a limited supply of a special variety, or other conditions that may warrant the renewal. “Tuber unit planting” means cutting seed potatoes into pieces and planting the pieces together in the field in such a way that if any progeny plants from any tuber are diseased or off-variety, all progeny from that tuber will be identified and discarded.

ATCP 156.05(3)(b)2. 2. The college finds that the seed potatoes affected by the renewal meet all of the certification standards under s. ATCP 156.03.

ATCP 156.05(3)(b)3. 3. The college finds that the renewal will not jeopardize seed potato quality, or pose a significant risk of harm to the potato industry or consumers.

ATCP 156.05(3)(c) (c) The college may require laboratory tests on a representative sample of any seed potatoes for which a seed potato grower requests a classification renewal under par. (a).

ATCP 156.05 History History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.

ATCP 156.06 ATCP 156.06 Storage and handling of certified seed potatoes.

ATCP 156.06(1) (1) Storage with other potatoes prohibited. No person may store certified seed potatoes in the same storage facility with uncertified seed potatoes, except that a person may store lots of certified seed potatoes in the same facility with any of the following:

ATCP 156.06(1)(a) (a) Lots of seed potatoes that have been proposed for certification.

ATCP 156.06(1)(b) (b) Lots of seed potatoes that have been rejected for certification solely because of unacceptable virus levels.

ATCP 156.06 Note Note: Viruses, unlike bacteria or nematodes, cannot spread from tuber to tuber in storage.

ATCP 156.06(2) (2) Varieties may not be commingled. No person may store, in the same bin or container, certified seed potatoes from more than one variety.

ATCP 156.06(3) (3) Clean and disinfected storage facilities. No person may store certified seed potatoes in a facility previously used to store potatoes other than certified seed potatoes, unless all of the following first occur:

ATCP 156.06(3)(a) (a) The person cleans and disinfects the storage facility according to college specifications.

ATCP 156.06(3)(b) (b) The college inspects the storage facility, and posts in the facility a dated written notice certifying that the storage facility has been cleaned and disinfected to college specifications.

ATCP 156.06(4) (4) Labeling storage bins. A person storing certified seed potatoes shall clearly label each storage bin with the bin measurements, the name of the seed potato grower, the potato variety, and the source of the foundation seed potatoes or other propagative material used to produce the certified seed potatoes.

ATCP 156.06(5) (5) Shipments protected. Certified seed potatoes and other propagative material shall be protected from deterioration and contamination during shipment. The college may disqualify propagative material from use under s. ATCP 156.03 (1) if the college finds that shipping methods do not comply with this subsection.

ATCP 156.06 History History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.

ATCP 156.07 ATCP 156.07 Approved laboratory or greenhouse.

ATCP 156.07(1) (1) Laboratory or greenhouse in this state. The college may approve a laboratory or greenhouse in this state, for purposes of s. ATCP 156.03 (1) (d), if all of the following apply:

ATCP 156.07(1)(a) (a) The college first inspects the laboratory or greenhouse facilities, equipment, procedures and records before granting approval for production of propagative material.

ATCP 156.07(1)(b) (b) The college inspects all greenhouse-produced minitubers at least once during their growth, and at least once at harvest or in storage, prior to shipment and field planting.

ATCP 156.07(1)(c) (c) In the preparation and distribution of propagative material, the laboratory or greenhouse uses testing, propagation, isolation and sanitation procedures approved by the college.

ATCP 156.07(1)(d) (d) The initial tissue culture plantlets or other propagative material used for laboratory propagation is tested for all pathogens of concern using methods approved by the college.

ATCP 156.07(1)(e) (e) The operator of the laboratory or greenhouse does all of the following:

ATCP 156.07(1)(e)1. 1. Applies to the college for approval, and provides information reasonably required by the college for purposes of evaluation and approval under this subsection.

ATCP 156.07(1)(e)2. 2. Agrees to pay the college’s reasonable costs to inspect, evaluate and approve the laboratory or greenhouse under this subsection.

ATCP 156.07(1)(e)3. 3. Keeps complete records of laboratory or greenhouse operations, and makes the records available to the college for inspection upon request.

ATCP 156.07(1)(e)4. 4. Keeps complete and accurate records of all propagative materials distributed for use in the production of certified seed potatoes. Records shall include the applicable college approval under s. ATCP 156.03 (1) (d), the potato variety, the type of propagative material, the amount of propagative material produced and distributed, the date of each shipment, the name and address of the person receiving each shipment, and a complete record of all disease tests on the propagative material.

ATCP 156.07(1)(e)5. 5. Labels propagative material as directed by the college, consistent with this chapter.

ATCP 156.07(2) (2) Laboratory or greenhouse outside this state. The college may approve a laboratory or greenhouse in another state, for purposes of s. ATCP 156.03, if the seed potato certification agency in the other state approves that laboratory or greenhouse based on standards and procedures equivalent to the standards and procedures in sub. (1).

ATCP 156.07 History History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.

ATCP 156.08 ATCP 156.08 Review of college actions.

ATCP 156.08(1) (1) Request for meeting to review action. A person adversely affected by an action of the college under this subchapter, including an action denying or withdrawing any certification or approval under this subchapter, may make a written request for an informal meeting with the college to discuss the action.

ATCP 156.08(2) (2) Meeting to review action.

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) (3) Review by the department.

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.

subch. III of ch. ATCP 156 Subchapter III — Grading

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: