Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 140 - Marketing
Chapter ATCP 151 - Potato marketing agreement
Section ATCP 151.05 - Official grade; standards; adjustment of standards

(1) OFFICIAL GRADE; GRADING STANDARDS. Potatoes under the marketing agreement shall be classified as "Wisconsin grade" potatoes, and shall conform to applicable grading standards under this chapter. Applicable standards may be adjusted as provided in sub. (3), provided that the standards meet or exceed the minimum standards set forth under s. ATCP 151.06. The applicable standards are the minimum standards set forth under s. ATCP 151.06, except as the applicable standards are otherwise adjusted under sub. (3).

(2) OFFICIAL SEAL OF QUALITY. The official seal of quality which may be used on packages of potatoes meeting Wisconsin grade shall be referred to as the "Wisconsin seal of quality." The Wisconsin seal of quality shall be used only by affected handlers provided the package complies with applicable labeling requirements under s. ATCP 151.07.

(3) GRADING STANDARD ADJUSTMENTS. The secretary, in consultation with the marketing agreement council, may adjust the applicable grading standards for potatoes under the marketing agreement. Applicable grading standards may not be adjusted unless the department determines that at least 50% of the affected handlers who assented to the agreement assent to the proposed adjustment. An adjustment in applicable grading standards may become effective only on July 1 of any year. All affected handlers shall be notified in writing of the adjusted standards at least 60 days before the adjusted standards are scheduled to take effect. Applicable standards shall at all times meet or exceed the minimum standards set forth under s. ATCP 151.06.