100.02(1)(1) No person receiving any fruits, vegetables, melons, dairy, or poultry products or any perishable farm products of any kind or character, other than cattle, sheep, hogs or horses, referred to in this section as produce, for or on behalf of another, may without good and sufficient cause therefor, destroy, or abandon, discard as refuse or dump any produce directly or indirectly, or through collusion with any person, nor may any person knowingly and with intent to defraud make any false report or statement to the person from whom any produce was received, concerning the handling, condition, quality, quantity, sale or disposition thereof, nor may any person knowingly and with intent to defraud fail truly and correctly to account and pay over to the consignor therefor.
100.02(2)
(2) The department shall by rule provide for the making of prompt investigations and the issuing of certificates as to the quality and condition of produce received, upon application of any person shipping, receiving or financially interested in, the produce. The rules shall designate the classes of persons qualified and authorized to make the investigations and issue the certificates, except that any investigation shall be made and any certificate shall be issued by at least 2 disinterested persons in any case where the investigation is not made by an officer or employee of the department.
100.02(3)
(3) A certificate made in compliance with the rules shall be prima facie evidence in all courts of the truth of the statements contained in the certificate as to the quality and condition of the produce; but if any such certificate is put in evidence by any party, in any civil or criminal proceeding, the opposite party shall be permitted to cross-examine any person signing the certificate, called as a witness at the instance of either party, as to his or her qualifications and authority and as to the truth of the statements contained in the certificate.
100.02 History
History: 1977 c. 29;
1993 a. 213.
100.025
100.025
Classification of dairy heifer calves. 100.025(1)
(1) As used in this section, "dairy heifer calf" means a female bovine animal, of a recognized dairy breed, at least 2 weeks and less than 4 months of age.
100.025(2)
(2) The owner of the herd of origin of any healthy dairy heifer calf may classify such calf as a "Wisconsin Blue Tag" dairy heifer calf by certifying that he or she is the owner of the herd of origin; that the sire of such calf is a registered purebred sire; and that the dam is of the same breed as the sire. Such certification shall be on forms prescribed by the department and shall include identification of the calf and its sire and dam, and such other information as the department requires. Dairy heifer calves so classified shall be identified by the owner of the herd of origin or the owner's agent by inserting a blue ear tag in the right ear and shall be accompanied by the certificate.
100.025(4)
(4) Blue ear tags for dairy heifer calves shall be purchased from the department. Each tag shall bear a distinctive serial number. No person shall possess or use, for identification pursuant to this section, ear tags which have not been issued by the department. Ear tag applicators and other supplies may be purchased from the department.
100.025(5)
(5) No person shall falsely execute any herd owner's certificate or falsely represent the identity or classification of any calves provided for in this section.
100.025 History
History: 1991 a. 201;
1993 a. 492.
100.03
100.03
Vegetable procurement; financial security; grading and tare. 100.03(1)(a)
(a) "Affiliate" means any of the following persons or business entities that procures vegetables for use by an operator:
100.03(1)(a)1.
1. An officer, director, partner, member, major stockholder, employee or agent of the operator.
100.03(1)(a)2.
2. A corporation or business entity which is owned, controlled or operated by any of the persons specified under
subd. 1.
100.03(1)(bm)
(bm) "Audited financial statement" means a financial statement that, in the accompanying opinion of an independent certified public accountant or a public accountant holding a certificate of authority under
ch. 442, fairly and in all material respects represents the financial position of the contractor, the results of the contractor's operations and the contractor's cash flows in conformity with generally accepted accounting principles.
100.03(1)(c)
(c) "Balance sheet" means a statement of assets, liabilities and equity on a specific date.
100.03(1)(d)
(d) "Cash payment" means payment in the form of currency, certified check, money order, barter or advance money transfer arrangement with a bank that is evidenced in writing.
100.03(1)(f)
(f) "Contractor" means a person who buys vegetables grown in this state from a producer, or who contracts with a producer to grow vegetables in this state, regardless of whether the contractor is located in this state or is engaged in food processing. "Contractor" does not include any of the following:
100.03(1)(f)1.
1. A person who procures vegetables primarily for unprocessed fresh market use and is licensed under the federal perishable agricultural commodities act,
7 USC 499.
100.03(1)(f)2.
2. A restaurant or retail food establishment that procures vegetables solely for retail sale at the restaurant or retail food establishment.
100.03(1)(g)
(g) "Cooperative pooling" means a cooperative marketing method under which a producer-owned cooperative or organization pays its producer owners a prorated share of sales proceeds for the marketing year after a final accounting and the deduction of marketing expenses.
100.03(1)(h)
(h) "Current assets" means cash and assets, including trade or investment items, that may be readily converted into cash in the ordinary course of business within one year.
100.03(1)(i)
(i) "Current liabilities" means those liabilities that are due and payable within one year.
100.03(1)(j)
(j) "Equity" means the excess of total assets over total liabilities.
100.03(1)(k)
(k) "Equity statement" means a report of the change in equity from the beginning to the end of the accounting period applicable to the report.
100.03(1)(o)
(o) "Financial statement" means a financial statement that meets the requirements of
sub. (5).
100.03(1)(r)
(r) "Income statement" means a report of the financial results of business operations for a specific period.
100.03(1)(s)
(s) "Interim statement" means a financial statement prepared as of a date other than the end of a fiscal year.
100.03(1)(t)
(t) "Liability" means an obligation to pay money or other assets or to render a service to another person immediately or in the future.
100.03(1)(u)
(u) "Maximum liability to producers" means the largest aggregate amount of obligations to producers owed by a contractor at any time during a registration year.
100.03(1)(um)
(um) "Operator" means a person licensed or required to be licensed under
s. 97.29 to operate a food processing plant.
100.03(1)(v)
(v) "Payment on delivery" means cash payment of the full agreed price for a vegetable when the vegetable is tendered or delivered to a contractor, or cash payment of the full agreed price within 72 hours after delivery if the vegetable is graded.
100.03(1)(vm)
(vm) "Procurement contract" means an oral or written agreement between a contractor and a producer, under which the contractor buys a vegetable grown in this state from the producer or contracts with the producer to grow a vegetable in this state.
100.03(1)(w)
(w) "Producer" means a person who produces and sells a vegetable, or who grows a vegetable under contract.
100.03(1)(wm)
(wm) "Producer claim" means a claim held by a producer for his or her vegetables.
100.03(1)(x)
(x) "Registration certificate" means a registration certificate issued under
sub. (2).
100.03(1)(y)
(y) "Registration year" means the period to which a registration certificate applies.
100.03(1)(ym)
(ym) "Reviewed financial statement" means a financial statement, other than an audited financial statement, that is all of the following:
100.03(1)(ym)2.
2. Reviewed according to generally accepted accounting principles by an independent certified public accountant or a public accountant holding a certificate of authority under
ch. 442.
100.03(1)(z)
(z) "Statement of cash flows" means a report of cash receipts and cash payments from operating, investing and financing activities, including an explanation of changes in cash and cash equivalents for the period applicable to the report.
100.03(1)(zm)
(zm) "Subsidiary" means a corporation or business entity that is owned, controlled or operated by an operator, and that procures a vegetable for use by the operator.
100.03(1)(zs)
(zs) "Vegetable" means any vegetable that is grown or sold for use in food processing, whether or not that vegetable is actually processed as food. "Vegetable" includes sweet corn, but does not include grain.
100.03(2)(a)(a)
Requirement. No contractor may enter into a procurement contract with a producer unless the contractor holds a registration certificate from the department. A registration certificate expires on January 31 annually and is not transferable.
100.03(2)(b)
(b)
Application. Application for a registration certificate shall be made on a form provided by the department. The application shall be accompanied by all of the following:
100.03(3)(a)(a)
Registration fees. A contractor who applies for a registration certificate under
sub. (2) shall pay all of the following:
100.03(3)(a)2.
2. Unless the department by rule establishes a different fee, a fee of one cent for each $100 in the total contractual obligations reported under
sub. (4) (a). The fee under this subdivision is not required if all vegetable grading is performed or supervised by the department under contract with the contractor.
100.03(3)(a)3.
3. Unless otherwise established by department rule, a fee of 3 cents for each $100 in the total contractual obligation reported under
sub. (4) (a).
100.03(3)(b)
(b)
Surcharge for operating without a registration certificate. A contractor who applies for a registration certificate under
sub. (2) shall pay a surcharge of $500 if the department determines that, within 365 days before submitting the application, the contractor procured a vegetable from a producer without a registration certificate in violation of
sub. (2). Payment of the surcharge does not relieve the contractor of any other civil or criminal liability that results from the procurement of the vegetable, but it does not constitute evidence of any law violation.
100.03(4)
(4) Statement to accompany application. An application for a registration certificate under
sub. (2) shall be accompanied by a sworn and notarized statement, signed by the contractor or an officer of the contractor, which states all of the following:
100.03(4)(a)
(a) The contractor's total paid and unpaid contractual obligations to producers, for vegetables tendered or delivered, that have accrued during the registration year immediately preceding the registration year for which application is made.
100.03(4)(b)
(b) The contractor's maximum liability to producers during the year immediately preceding the registration year for which application is made, if applicable.
100.03(4)(c)
(c) The contractor's anticipated maximum liability to producers during the registration year for which application is made. The application shall state if the contractor anticipates a maximum liability of zero. If so, the application also shall state whether the contractor anticipates a maximum liability of zero because the contractor plans to make cash payment on delivery under every procurement contract, or because the contractor plans to procure all vegetables from another contractor. A contractor shall immediately notify the department in writing if, at any time during the registration year, the contractor has reason to believe that the contractor's maximum liability will exceed the maximum liability previously anticipated and reported to the department.
100.03(4)(d)
(d) Whether, on the date of application, the contractor has failed to pay a liability to a producer which is due and payable before that date.
100.03(4)(e)
(e) Whether the contractor and the contractor's affiliates and subsidiaries will collectively grow more than 10% of the acreage of any vegetable species grown or procured by the contractor during the registration year for which application is made, as provided under
s. 100.235 (3).
100.03(4)(f)
(f) Whether the contractor is a producer-owned cooperative or organization doing business on a cooperative pooling basis with its producer owners, and whether the producer-owned cooperative or organization procures any vegetables from producers who are not its producer owners.
100.03(4m)
(4m) Residual payment liability. As part of or in addition to the statement required by
sub. (4), the contractor or officer of the contractor shall submit a sworn and notarized statement indicating whether the contractor has failed to pay any liability to a producer that became due and payable during the registration year ending January 31. The statement shall be submitted before February 5. The statement may not be submitted before February 1, except that the statement may be submitted at such earlier time as the contractor has paid all liabilities to producers that are due and payable on or before January 31.
100.03(5)(a)1.1. Except as provided under
par. (c), a contractor who applies for an initial registration certificate under
sub. (2) shall file a financial statement with the application.
100.03(5)(a)2.
2. Except as provided under
par. (c), a contractor shall file an annual financial statement with the department as a condition to the renewal or continuation of the contractor's registration certificate under
sub. (2). An annual financial statement shall be filed by the 15th day of the 4th month commencing after the close of the contractor's fiscal year, except that the department may, for cause, extend the deadline for filing the annual financial statement for up to 30 days.
100.03(5)(am)
(am)
Interim statement. Except as provided in
par. (c), a contractor shall file an interim statement as of the quarter that ends closest to November 30 with each application for renewal.
100.03(5)(b)
(b)
Additional financial statement. Notwithstanding
par. (c), the department may require a contractor to file an annual financial statement or interim statement at any time. The department may require that a financial statement required under this paragraph be an audited financial statement or a reviewed financial statement.
100.03(5)(c)1.
1. A contractor who either plans to make payment on delivery for all vegetables tendered or delivered by producers, or to procure all vegetables from another contractor, and who submits a sworn and notarized statement to that effect under
sub. (4) (c).
100.03(5)(c)2.
2. A contractor who files security with the department under
sub. (8), except for a contractor who files security under
sub. (8) (cm).
100.03(5)(c)3.
3. A producer-owned cooperative or organization that procures vegetables solely on a cooperative pooling basis from its producer owners, and that submits under
sub. (4) a sworn and notarized statement to that effect.
100.03(5)(d)
(d)
Financial statement contents. A financial statement under this subsection shall consist of a balance sheet, income statement, equity statement, statement of cash flows, and any other information required by the department. A financial statement shall be prepared in conformity with generally accepted accounting principles.
100.03(5)(e)
(e)
Audited or reviewed financial statement. A financial statement under
par. (a) shall be an audited financial statement or a reviewed financial statement, except that if during the year to which that financial statement pertains a contractor incurred total contractual obligations to producers, as reported under
sub. (4) (a), of more than $250,000, the financial statement under
par. (a) shall be an audited financial statement.
100.03(5)(f)
(f)
Closed to public inspection. A financial statement under this subsection is not available for public inspection under
s. 19.35. The department may use a financial statement in an enforcement action, administrative proceeding or court proceeding, and in that action or proceeding may release the financial statement to the parties, the hearing officer or the court under such conditions as the department or court considers appropriate. Except by agreement of the parties, a financial statement may not be made a part of the public record in an administrative or court proceeding, except as ordered by a court.
100.03(6)(a)(a)
Full payment required. Except as provided under
par. (c) or
(d), the department may not issue or renew a registration certificate under
sub. (2) unless the contractor has submitted a statement under
sub. (4m) that shows that the contractor has paid all liabilities to producers that are due and payable before January 31. Notwithstanding
par. (b), a contractor shall make payment on delivery unless the contractor meets the minimum financial standards under
sub. (7) or files security with the department under
sub. (8).
100.03(6)(b)1.1. If a procurement contract does not specify a payment date in writing, the contractor shall pay a liability to a producer by the 15th day of the month immediately following the month in which the producer tendered or delivered the vegetables under the contract, or by an earlier date agreed upon between the parties.
100.03(6)(b)2.
2. If a procurement contract specifies a payment date in writing, payment shall be made by the specified date. No contract may specify a payment date in violation of
subd. 3. or
4.
100.03(6)(b)3.
3. By January 31 of each registration year, a contractor shall pay for all vegetables that were delivered by producers on or before December 31 of that registration year. This requirement does not apply if a written contract specifying a later payment date was approved by a vote of producers who delivered vegetables to the contractor during the preceding registration year. To obtain the approval of producers, a contractor shall give advance written notice to every eligible producer. The notice shall include a copy of the proposed contract and shall announce a meeting at which producers will be asked to vote on the proposed contract. The notice shall also include a mail ballot by which a producer may cast his or her vote without attending the meeting. Voting shall be by secret ballot. The proposed contract shall be approved by a majority of the producers who vote on the proposed contract. The contractor shall file a sworn statement with the department, on a form provided by the department, certifying the results of the balloting.
100.03(6)(b)4.
4. If a producer tenders or delivers vegetables to a contractor after December 31 of any registration year, the contractor shall pay the producer for the vegetables by the 15th day of the month following the month in which the vegetables were tendered or delivered, or by the 30th day after tender or delivery, whichever is later.
100.03(6)(c)
(c)
Disputed producer obligations. If a contractor is unable to satisfy the requirement under
par. (a) solely because the amount of a liability to a producer is disputed, the department may issue or renew the contractor's registration certificate if the contractor deposits the disputed amount in escrow with the department, pending resolution of the dispute.
100.03(6)(d)
(d)
Producer-owned cooperatives exempt. This subsection does not apply to a producer-owned cooperative or organization doing business solely on a cooperative pooling basis with its producer owners.
