Wisconsin Legislature: ATCP 156.10(2)(b)

(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.

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

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

2. Agrees to pay the college’s reasonable costs to inspect, evaluate and approve the laboratory or greenhouse under this subsection.

3. Keeps complete records of laboratory or greenhouse operations, and makes the records available to the college for inspection upon request.

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.

5. Labels propagative material as directed by the college, consistent with this chapter.

(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).

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

ATCP 156.08 Review of college actions.

(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.

(2) Meeting to review action.

(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.

(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.

(3) Review by the department.

(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).

(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.

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

Subchapter III — Grading

ATCP 156.10 Grading certified seed potatoes; general.

(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).

(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:

(a) Issue to the seed potato grower a grade certificate that includes all of the following:

1. A unique identification number for the graded lot.

Note: A graded lot may be a subset of a lot certified by the college under subch. II.

2. The identity of the seed potato grower.

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.

4. A copy of the tag issued by the college under s. ATCP 156.02 (3m).

5. The identification numbers of the department seals issued for the graded lot under par. (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.

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.

(3) Grades and grade standards. The following grades of certified seed potatoes shall meet the following grade standards:

(a) Badger state brand. Badger state brand potatoes shall meet the grade standards in s. ATCP 156.12.

(b) Yellow tag brand [grade]. Yellow tag brand [grade] potatoes shall meet the grade standards in s. ATCP 156.13.

(c) Badger state foundation brand. Badger state foundation brand potatoes shall meet the grade standards in s. ATCP 156.14.

(d) Yellow tag foundation grade. Yellow tag foundation grade potatoes shall meet the grade standards in s. ATCP 156.15.

(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.

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.

(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.

(6) Applying tolerances.

(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.

(b) Within an individual sample selected under sub. (5) from a graded lot, except as provided in par. (c) or (d):

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%.

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.

1. The rate of sprout damage may not exceed the applicable sprout damage tolerance specified in s. ATCP 156.12 or 156.13.

2. There may be no more than one off-size potato and one defective potato.

(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.

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

ATCP 156.11 Defects.

(1) External defects. External defects in a certified seed potato include the following:

(a) Deep air cracks that penetrate beyond the vascular ring.

(b) Shallow air cracks that materially detract from the appearance of the potato.

(d) Brown or dark skin discoloration that materially detracts from the appearance of the potato.

(e) Shriveling, sponginess or flabbiness, except minor shriveling.

(f) A sprout over one inch long.

(g) One or more scabs that together cover more than 5% of the potato surface. Scabs may include pitted scabs.

(h) Pitted scab that causes a loss of more than 5% of the weight of the potato.

(i) Rhizoctonia that materially detracts from the appearance of the potato.

(j) Wireworm or grass damage that includes any of the following:

1. In a potato that is at approximately 2½ inches wide or weighs approximately 6 ounces, a hole more than ¾ inch long or multiple holes with an aggregate length of more than 1¼ inch.

2. Proportionately smaller or larger holes in a smaller or larger potato.

(k) A more than slight amount of dirt or foreign matter adhering to the potato, or present in the sample of potatoes.

(2) Internal defects. Internal defects in a certified seed potato include the following:

(a) Ingrown sprouts, if removal causes a loss of more than 5% of the weight of the potato.

(b) Internal discoloration, occurring entirely within the vascular ring, which includes any of the following:

1. In a potato that is at approximately 2½ inches wide or weighs approximately 6 ounces, the equivalent of 3 scattered light brown spots 1/8 inch in diameter.

2. A proportionately smaller or larger number or size of spots in a smaller or larger potato.

(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.

(3) Defects constituting serious damage. The following defects constitute serious damage:

(a) Caked dirt covering more than ½ of the potato.

(b) Brown or dark skin discoloration that seriously detracts from the appearance of the potato.

(d) One or more scabs that together cover more than 50% of the potato surface. Scabs may include pitted scabs.

(e) Pitted scab that causes a loss of more than 10% of the weight of the potato.

(f) Wireworm or grass damage that includes any of the following:

1. In a potato that is at approximately 2½ inches wide or weighs approximately 6 ounces, a hole more than 1¼ inches long or multiple holes with an aggregate length of more than 2 inches.

2. Proportionately smaller or larger holes in a smaller or larger potato.

(g) Ingrown sprouts, if removal causes a loss of more than 10% of the weight of the potato.

(h) Internal discoloration, occurring entirely within the vascular ring, which includes any of the following:

1. In a potato that is at approximately 2½ inches wide or weighs approximately 6 ounces, the equivalent of 6 scattered light brown spots 1/8 inch in diameter.

2. A proportionately smaller or larger number or size of spots in a smaller or larger potato.

(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.

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

ATCP 156.12 Badger state brand.

(1) Grade requirements. To qualify for the badger state brand, a lot of certified seed potatoes shall meet all of the following requirements:

(a) The college shall certify the lot under subchapter II.

(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).