Chapter ATCP 156

ATCP 156.12   Badger state brand.

ATCP 156.13   Yellow tag grade.

ATCP 156.14   Badger state foundation brand.

ATCP 156.15   Yellow tag foundation grade.

ATCP 156.16   Misrepresentations.

ATCP 156.17   Review of grading decisions.

Ch. ATCP 156 Note 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 ATCP 156 as it existed on 04-30-07 was repealed and a new Ch.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 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), (1m), (1p) and (11), 93.07 (1), 93.09 and 100.14, Stats., and pursuant to a memorandum of understanding with the college. Sections ATCP 156.02 (5) and 156.16 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) and (6) and 100.26, Stats.
  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.

subch. I of ch. ATCP 156 Subchapter I — Definitions

ATCP 156.01 ATCP 156.01 Definitions. In this chapter:

ATCP 156.01(1) (1) “Bacterial ring rot” means one of the following:

ATCP 156.01(1)(a) (a) For purposes of visual inspection under this chapter, the condition caused by Clavibacter michiganensis subsp. Sepedonicus.

ATCP 156.01(1)(b) (b) For purposes of laboratory testing under this chapter, Clavibacter michiganensis subsp. Sepedonicus.

ATCP 156.01(2) (2) “Certified seed potatoes” means seed potatoes certified and graded by any of the following:

ATCP 156.01(2)(a) (a) The college under subch. II and the department under subch. III.

ATCP 156.01(2)(b) (b) The seed certification agency in another state, under standards equivalent to those under subchs. II and III as determined by the college.

ATCP 156.01 Note Note: To obtain a list of states whose certification is recognized in this state, visit the college website at: http://www.plantpath.wisc.edu/wspcp/.

ATCP 156.01(3) (3) “College” means the college of agricultural and life sciences of the university of Wisconsin-Madison, department of plant pathology.

ATCP 156.01(4) (4) “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) or (2).

ATCP 156.01(5) (5) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 156.01(6) (6) “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).

ATCP 156.01(7) (7) “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).

ATCP 156.01(8) (8) “Fairly well shaped” means not pointed, dumbbell-shaped or otherwise ill-formed to a material degree.

ATCP 156.01(9) (9) “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:

ATCP 156.01(9)(a) (a) Storing potatoes from non-contiguous tracts of land in the same storage facility.

ATCP 156.01(9)(b) (b) 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.

ATCP 156.01(10) (10) “Field propagation” means the outdoor production of potatoes in this state or another state. “Field propagation” does not include any of the following:

ATCP 156.01(10)(a) (a) Production of propagative material in a laboratory or greenhouse.

ATCP 156.01(10)(b) (b) Outdoor production, under a recognized breeding program, of propagative material that is subsequently approved under s. ATCP 156.03 (1) (f).

ATCP 156.01(11) (11) “Field inspection” means inspection of growing potato plants on a farm where seed potatoes are produced.

ATCP 156.01(12) (12) “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:

ATCP 156.01(12)(a) (a) 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 Note: Foundation seed potatoes may be produced from, among other things, “Elite Source” potatoes produced by the college. See s. ATCP 156.03 (1).

ATCP 156.01(12)(b) (b) 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.

ATCP 156.01 Note Note: To obtain a list of states whose certification is recognized in this state, visit the college website at: http://www.plantpath.wisc.edu/wspcp/.

ATCP 156.01(13) (13) “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).

ATCP 156.01(14) (14) “Internal discoloration” means discoloration on the inside of a potato, including discoloration caused by necrosis, stem-end browning or internal brown spot.

ATCP 156.01(15) (15) “Laboratory test” means a laboratory test by the college, or by a laboratory approved under s. ATCP 156.07.

ATCP 156.01(16) (16) “Leafroll” means the condition caused by leafroll virus.

ATCP 156.01(17) (17) “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.

ATCP 156.01(18) (18) “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.

ATCP 156.01(19) (19) “Microtubers” means pathogen-free tubers produced aseptically in tissue culture.

ATCP 156.01(20) (20) “Minitubers” means tubers produced from plants grown in pots, or in a hydroponic system, in a controlled environment such as a greenhouse.

ATCP 156.01(21) (21) “Mosaics” means symptoms caused by potato virus Y, X or A. “Mosaics” includes symptoms, produced by other viruses, which are similar to those produced by virus Y, X or A.

ATCP 156.01(22) (22) “Nematode or tuber moth injury” means the presence of nematode or tuber moth, or the evidence of nematode or tuber moth activity.

ATCP 156.01(23) (23) “Person” means an individual, corporation, partnership, cooperative, limited liability company, or other legal entity.

ATCP 156.01(24) (24) “Plant variety protection act” means the United States plant variety protection act, 7 USC 2321 et seq., as amended.

ATCP 156.01(25) (25) “Pre-approved” means approved by the college, in writing, prior to being planted in the field.

ATCP 156.01(26) (26) “Propagative material” means tubers, tuber portions, microtubers, minitubers, tissue-culture plantlets, or potato plants used to produce seed potatoes. “Propagative material” includes foundation seed potatoes.

ATCP 156.01(27) (27) “Seed certification agency” means a state agency, state academic institution, or state grower organization that is responsible for certifying seed potatoes and issuing certification documentation for seed potatoes or propagative materials.

ATCP 156.01(28) (28) “Seed potato” means a tuber, minituber or microtuber that is used, or that is held, offered, sold or distributed for use, for the field propagation of potatoes.

ATCP 156.01(29) (29) “Seed potato grower” means a person, other than the college, who produces seed potatoes on land in this state that the person owns or controls.

ATCP 156.01(30) (30) “Sell” means to contract for sale, offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale.

ATCP 156.01(31) (31) “Serious damage” means any defects, except sunburn, greening or hollow heart, which seriously detract from the internal or external appearance of a potato, or which cannot be removed without removing more than 10% of the total weight of the potato. “Serious damage” includes any of the defects identified in s. ATCP 156.11 (3).

ATCP 156.01(32) (32) “Soft rot or wet breakdown” means any soft, mushy, or leaky condition of seed potato tissue.

ATCP 156.01(33) (33) “Spindle tuber” means the condition caused by potato spindle tuber viroid (PSTVd).

ATCP 156.01(34) (34) “State” means any of the following:

ATCP 156.01(34)(a) (a) A state in the United States.

ATCP 156.01(34)(b) (b) A United States territory.

ATCP 156.01(34)(c) (c) A nation other than the United States.

ATCP 156.01(35) (35) “Tissue culture plantlet” means a pathogen-free potato plant grown aseptically, from a tissue sample, in an aseptic artificial medium.

ATCP 156.01 History History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.

subch. II of ch. ATCP 156 Subchapter II — Certification

ATCP 156.02 ATCP 156.02 Seed potato certification; general.

ATCP 156.02(1) (1) Certification by college. The college may certify a lot of seed potatoes at the request of the seed potato grower if the college finds that the lot meets applicable standards under s. ATCP 156.03. Certification does not constitute a warranty by the college, and does not extend to any disease or condition that cannot be observed by visual inspection of potato plants or tubers.

ATCP 156.02(2) (2) Classifying certified seed potatoes. The college shall classify, according to s. ATCP 156.05, each lot of seed potatoes that it certifies under sub. (1). Classification does not constitute a warranty by the college.

ATCP 156.02(3) (3) Certification documents. The college shall issue a certification under sub. (1) in writing, and shall provide copies of the certification documents to the seed potato grower. The certification documents shall include all of the following:

ATCP 156.02(3)(a) (a) A unique identification number for the certified lot.

ATCP 156.02(3)(b) (b) The name and address of the seed potato grower.

ATCP 156.02(3)(c) (c) The certification date and the year to which the certification applies.

ATCP 156.02(3)(d) (d) The location of the farm on which the certified seed potatoes are grown.

ATCP 156.02(3)(e) (e) The number of acres of seed potatoes in the certified lot.

ATCP 156.02(3)(f) (f) The variety of seed potatoes in the certified lot.

ATCP 156.02(3)(g) (g) The classification assigned to the certified seed potatoes under sub. (2) and the basis for that classification.

ATCP 156.02(3)(h) (h) The nature and source of the propagative material used to produce the certified lot.

ATCP 156.02 Note Note: Certified seed potatoes must be produced from propagative material that complies with s. ATCP 156.03 (1).

ATCP 156.02(3)(i) (i) The result of each of the following inspections or tests conducted on the certified lot:

ATCP 156.02(3)(i)1. 1. Each field inspection under s. ATCP 156.04 (1).

ATCP 156.02(3)(i)2. 2. Each harvest inspection under s. ATCP 156.04 (2).

ATCP 156.02(3)(i)3. 3. Each post-harvest test under s. ATCP 156.04 (3). If the college certifies a lot of seed potatoes before completing the post-harvest test under s. ATCP 156.04 (3), the college shall issue the result of the post-harvest test in writing when the test is complete.

ATCP 156.02 Note Note: The college must perform a post-harvest test before certifying foundation seed potatoes (see s. ATCP 156.04 (3) (a)). 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 certification standards.

ATCP 156.02(3)(i)4. 4. Any laboratory tests conducted on the certified lot.

ATCP 156.02(3)(j) (j) A statement that the certification applies only if the certified lot is also graded under subch. III.

ATCP 156.02(3)(k) (k) Documentation related to any variance granted by the college under s. ATCP 156.03 (7).

ATCP 156.02(3)(L) (L) Any conditions or limitations on certification, including any conditions or limitations under s. ATCP 156.03 (7).

ATCP 156.02(3)(m) (m) Other information that the college chooses to include.

ATCP 156.02(3m) (3m) Certification tags. Whenever the college certifies a lot of seed potatoes, the college shall provide the seed potato grower with an appropriate number of certification tags. The seed potato grower may attach the tags to shipments of seed potatoes from the certified lot, once the department has graded the seed potatoes under subch. III.

ATCP 156.02(4) (4) Misrepresentation.