126.55(15)
(15) "Vegetable procurement contract" means an oral or written agreement under which a vegetable contractor does any of the following:
126.55(15)(a)
(a) Contracts with a vegetable producer or a producer agent to procure processing vegetables that a vegetable producer grows in this state.
126.55(15)(b)
(b) Contracts with a vegetable producer to market, as a producer agent, processing vegetables that the vegetable producer grows in this state.
126.55(16)
(16) "Vegetable producer" means a person who grows processing vegetables in this state.
126.55(17)
(17) "Unharvested acreage" means land on which vegetables are grown, under a vegetable procurement contract, that a vegetable contractor leaves unharvested for any reason. "Unharvested acreage" includes all of the following:
126.55(17)(a)
(a) Land on which the vegetables are suitable for processing, but are not harvested.
126.55(17)(b)
(b) Land on which the vegetables are abandoned as being unsuitable for processing.
126.55 History
History: 2001 a. 16;
2005 a. 80.
126.56
126.56
Vegetable contractors; licensing. 126.56(1)(a)(a) Except as provided in
sub. (2), no person may operate as a vegetable contractor without a current annual license from the department.
126.56(1)(b)
(b) A license under
par. (a) expires on the January 31 following its issuance. No person may transfer or assign a license issued under
par. (a).
126.56(2)
(2) Exempt contractors. The following vegetable contractors are exempt from licensing under
sub. (1):
126.56(2)(a)
(a) A vegetable contractor who procures vegetables primarily for unprocessed, fresh market use and is licensed under the federal Perishable Agricultural Commodities Act,
7 USC 499a to
499t.
126.56(2)(b)
(b) A restaurant or retail food establishment that procures processing vegetables solely for retail sale at the restaurant or retail food establishment.
126.56(3)
(3) License application. A vegetable contractor shall apply for a license under
sub. (1) in writing, on a form provided by the department. The applicant shall provide all of the following:
126.56(3)(a)
(a) The applicant's legal name and any trade name under which the applicant proposes to operate as a vegetable contractor.
126.56(3)(b)
(b) A statement of whether the applicant is an individual, a corporation, a partnership, a cooperative, an unincorporated cooperative association, a limited liability company, a trust, or other legal entity. If the applicant is a corporation, a cooperative, or an association, the application shall identify each officer of the corporation or cooperative. If the applicant is a partnership, the application shall identify each partner.
126.56(3)(c)
(c) The mailing address of the applicant's principal business location and the name of a responsible individual who may be contacted at that address.
126.56(3)(d)
(d) The street address of each business location from which the applicant operates as a vegetable contractor in this state and the name of a responsible individual who may be contacted at each location that is staffed.
126.56(3)(f)
(f) The sworn and notarized statement required under
sub. (9).
126.56(3)(h)
(h) Other relevant information required by the department.
126.56(4)
(4) License fees and surcharges. A vegetable contractor applying for a license under
sub. (1) shall pay the following fees and surcharges, unless the department specifies a different fee or surcharge amount by rule:
126.56(4)(a)
(a) A nonrefundable license processing fee of $25.
126.56(4)(b)
(b) A fee of $25 plus 5.75 cents for each $100 in contract obligations reported under
sub. (9) (a), less any credit provided under
sub. (6), except that this paragraph does not apply to a vegetable contractor to whom
par. (f) applies.
126.56(4)(c)
(c) A license surcharge of $500 if the department determines that, within 365 days before submitting the license application, the applicant operated as a vegetable contractor without a license in violation of
sub. (1). The applicant shall also pay any license fees, license surcharges, and fund assessments that are still due for the license year in which the applicant violated
sub. (1).
126.56(4)(d)
(d) A license surcharge of $100 if during the preceding 12 months the applicant failed to file an annual financial statement required under
s. 126.58 (1) (b) by the applicable deadline.
126.56(4)(e)
(e) A license surcharge of $100 if a renewal applicant fails to renew a license by the license expiration date of January 31.
126.56(4)(f)
(f) If the vegetable contractor is a processing potato buyer who has elected not to participate in the fund in accordance with
s. 126.595 (1), a fee of $500 or another amount established by the department by rule.
126.56(4m)
(4m) Effect of payment of surcharge. Payment under
sub. (3) (c) does not relieve the applicant of any other civil or criminal liability that results from the violation of
sub. (1), but does not constitute evidence of any law violation.
126.56(5)
(5) License for part of year; fees. A person who applies for an annual vegetable contractor license after the beginning of a license year shall pay the full annual fee amounts required under
sub. (4).
126.56(6)(a)(a) If the balance in the fund contributed by vegetable contractors exceeds $825,000 on November 30 of any license year, the department shall credit 50% of the excess amount against fees charged under
sub. (4) (b) to contributing vegetable contractors who file timely license renewal applications for the next license year. The department shall credit each contributing vegetable contractor on a prorated basis, in proportion to the total fees that the vegetable contractor has paid under
sub. (4) (b) for the 4 preceding license years.
126.56(6)(b)
(b) The fee under
sub. (4) (b) is reduced by one cent for each $100 in contract obligations reported under
sub. (9) (a) if the department, under a contract with the applicant, grades all of the graded vegetables that the applicant procures from vegetable producers or producer agents.
126.56(7)
(7) Fee statement. The department shall provide, with each license application form, a written statement of all license fees and surcharges required under
sub. (4). The department shall specify any fee credits for which the applicant may qualify under
sub. (6).
126.56(8)
(8) No license without full payment. The department may not issue a license under
sub. (1) until the applicant pays all license fees and surcharges identified in the department's statement under
sub. (7). The department shall refund a fee or surcharge paid under protest if upon review the department determines that the fee or surcharge is not applicable.
126.56(9)
(9) Sworn and notarized statement. As part of a license application under
sub. (3), an applicant shall provide a sworn and notarized statement, signed by the applicant or an officer of the applicant, that reports all of the following:
126.56(9)(a)
(a) The total amount of contract obligations that the applicant incurred during the applicant's last completed fiscal year. If the applicant has not yet operated as a vegetable contractor, the applicant shall estimate the amount of contract obligations that the applicant will incur during the applicant's first complete fiscal year.
126.56(9)(b)
(b) The largest amount of unpaid contract obligations that the vegetable contractor had at any time during the vegetable contractor's last completed fiscal year.
126.56(9)(c)
(c) The amount of unpaid contract obligations that the vegetable contractor has at the time of application.
126.56(9)(d)
(d) The amount of unpaid contract obligations under
par. (c) that are due for payment before the license year for which the applicant is applying.
126.56(9)(e)
(e) The amount of unpaid obligations under
par. (c) that the contractor has under deferred payment contracts.
126.56(9)(f)
(f) Whether the applicant and the applicant's affiliates and subsidiaries will collectively grow more than 10% of the total acreage of any vegetable species grown or procured by the applicant during the license year for which the applicant is applying.
126.56(9)(g)
(g) Whether the applicant will pay cash on delivery under all vegetable procurement contracts during the license year for which the applicant is applying.
126.56(9)(h)
(h) Whether the applicant is a producer-owned cooperative or unincorporated cooperative association or organization that procures vegetables solely from its producer owners on the basis of a cooperative marketing method under which the producer-owned cooperative, unincorporated cooperative association, 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.
126.56(10)
(10) Action granting or denying application. 126.56(10)(a)(a) The department shall grant or deny a license application under
sub. (3) within 30 days after the department receives a complete application. If the department denies a license application, the department shall give the applicant a written notice stating the reasons for the denial.
126.56(10)(b)
(b) A license becomes invalid after February 5 of the license year for which it is issued unless the license holder has by February 5 paid all producer obligations that were due and payable during the preceding license year.
126.56(11)
(11) License displayed. A vegetable contractor licensed under
sub. (1) shall prominently display a copy of that license at each business location from which the vegetable contractor operates in this state.
126.56(12)(a)(a) A vegetable contractor who files security under
s. 126.61 shall immediately notify the department if, at any time, the vegetable contractor's unpaid contract obligations exceed the amount last reported under
sub. (9) (b).
126.56(12)(b)
(b) A vegetable contractor shall immediately notify the department if the amount of unpaid obligations under deferred payment contracts exceeds the amount last reported under
sub. (9) (e).
126.56 History
History: 2001 a. 16;
2005 a. 80,
441.
126.57
126.57
Vegetable contractors; insurance. 126.57(1)
(1)
Fire and extended coverage insurance. 126.57(1)(a)(a) Except as provided in
par. (b), a vegetable contractor who is required to be licensed under
s. 126.56 (1) shall maintain fire and extended coverage insurance, issued by an insurance company authorized to do business in this state, that covers all vegetables in the custody of the vegetable contractor, whether owned by the vegetable contractor or held for others, at the full local market value of the vegetables.
126.57(1)(b)
(b) Paragraph (a) does not apply to a vegetable contractor if any of the following applies:
126.57(1)(b)1.
1. The vegetable contractor pays cash on delivery under all vegetable procurement contracts.
126.57(1)(b)2.
2. The vegetable contractor is a producer-owned cooperative or unincorporated cooperative association or organization that procures processing vegetables only from its producer owners.
126.57(1)(b)3.
3. The vegetable contractor is a processing potato buyer who has elected not to participate in the fund in accordance with
s. 126.595 (1).
126.57(2)
(2) Insurance cancellation; replacement. Whenever an insurance policy under
sub. (1) is canceled, the vegetable contractor shall replace the policy so that there is no lapse in coverage.
126.57(3)
(3) Insurance coverage; misrepresentation. No vegetable contractor may misrepresent any of the following to the department or to any vegetable producer or producer agent:
126.57(3)(b)
(b) The nature, coverage, or material terms of the vegetable contractor's insurance policy.
126.57 History
History: 2001 a. 16;
2005 a. 80,
441.
126.58
126.58
Vegetable contractors; financial statements. 126.58(1)(1)
Required annual financial statement. 126.58(1)(a)(a) Except as provided in
par. (c), a vegetable contractor shall file an annual financial statement with the department, before the department first licenses the vegetable contractor under
s. 126.56 (1), if the vegetable contractor reports more than $500,000 in contract obligations under
s. 126.56 (9) (a).
126.58(1)(b)
(b) Except as provided in
par. (c), a vegetable contractor licensed under
s. 126.56 (1) shall file an annual financial statement with the department during each license year if the vegetable contractor's license application for that year reports more than $500,000 in contract obligations under
s. 126.56 (9) (a). The vegetable contractor shall file the annual financial statement by the 15th day of the 4th month following the close of the vegetable contractor's fiscal year, except that the department may extend the filing deadline for up to 30 days if the vegetable contractor, or the accountant reviewing or auditing the financial statement, files a written extension request at least 10 days before the filing deadline.
126.58(1)(c)
(c) A vegetable contractor is not required to file a financial statement under
par. (a) or
(b) if any of the following applies:
126.58(1)(c)1.
1. The vegetable contractor pays cash on delivery under all vegetable procurement contracts.
126.58(1)(c)2.
2. The vegetable contractor is a producer-owned cooperative or unincorporated cooperative association that procures processing vegetables only from its producer owners.
126.58(1)(c)3.
3. The vegetable contractor is a processing potato buyer who has elected not to participate in the fund in accordance with
s. 126.595 (1).
126.58(2)
(2) Voluntary financial statement. A contributing vegetable contractor who is not required to file a financial statement under
sub. (1) may file an annual financial statement with the department for any of the following reasons:
126.58(3)
(3) Reviewed or audited financial statement. 126.58(3)(a)(a) A vegetable contractor filing an annual financial statement under
sub. (1) or
(2) shall file an audited financial statement if the vegetable contractor's latest annual license application reported more than $4,000,000 in annual contract obligations under
s. 126.56 (9) (a).
126.58(3)(b)
(b) If
par. (a) does not apply, a vegetable contractor filing an annual financial statement under
sub. (1) or
(2) shall file either a reviewed financial statement or an audited financial statement.
126.58(4)
(4) Accounting period. A vegetable contractor filing an annual financial statement under
sub. (1) or
(2) shall file a financial statement that covers the vegetable contractor's last completed fiscal year unless the vegetable contractor has been in business for less than one year.
126.58(4m)
(4m) Interim financial statement. The department may, at any time, require a vegetable contractor licensed under
s. 126.56 (1) to file an interim financial statement with the department. The vegetable contractor shall provide, with the interim financial statement, the vegetable contractor's sworn and notarized statement that the financial statement is correct. An interim financial statement need not be a reviewed or audited financial statement.
126.58(5)
(5) Generally accepted accounting principles. 126.58(5)(a)(a) Except as provided in
par. (b), a vegetable contractor filing a financial statement under this section shall file a financial statement that is prepared according to generally accepted accounting principles.
126.58(5)(b)
(b) If a vegetable contractor is a sole proprietor and the vegetable contractor's financial statement is not audited, the vegetable contractor shall file a financial statement that is prepared on a historical cost basis.
126.58(6)(a)(a) Except as provided in
par. (b), a vegetable contractor filing a financial statement under this section shall file a financial statement that consists of a balance sheet, income statement, equity statement, statement of cash flows, notes to those statements, and any other information required by the department. If the vegetable contractor is a sole proprietor, the vegetable contractor shall file his or her business and personal financial statements.
126.58(6)(b)
(b) If a vegetable contractor has been in business for less than one year, the vegetable contractor may file an annual financial statement under
sub. (1) or
(2) consisting of a balance sheet and notes.
