Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 140 - Marketing
Chapter ATCP 151 - Potato marketing agreement
Section ATCP 151.08 - Inspection and certification

Universal Citation: WI Admin Code ยง ATCP 151.08

Current through August 26, 2024

(1) GENERAL. Potatoes may not be sold in packages labeled with the Wisconsin seal of quality and identified as potatoes meeting Wisconsin grade, unless they have been officially inspected by the department and official certificates have been issued showing the potatoes conform to the standards and requirements specified in the agreement, including grade standards, labeling requirements and inspection and certification requirements.

(2) INSPECTION. Inspection of potatoes under this agreement shall be made by the department under the U.S.D.A.-Wisconsin joint federal-state inspection agreement. All lots of potatoes shall be inspected at the point of loading or shipment. Inspection of potatoes shall be made according to standard procedures under the joint federal-state agreement.

(3) REQUEST FOR INSPECTION. Affected handlers intending to package potatoes in packages labeled with the Wisconsin seal of quality shall request the department to provide inspection services under this agreement. Priority for inspection services shall be given first to affected handlers who are under shipping point contractual arrangements of the joint federal-state agreement, and then to other affected handlers in the order in which requests for inspection services are received.

(4) ISSUANCE OF CERTIFICATES. Official certificates shall be issued by department inspectors, and be based on a determination that the lot of potatoes under inspection meets the standards and requirements specified in the agreement. Potatoes certified as Wisconsin grade shall be loaded for shipment within 24 hours after inspection and issuance of the certificate or within 48 hours if the 24-hour period ends on a Saturday, Sunday or legal holiday. Potatoes not loaded within 24 hours shall be reinspected for compliance with Wisconsin grade standards, unless the 48 hours rule applies. Affected handlers shall keep copies of certificates issued by the department for a period of 2 years after the date of issuance. In the issuance of inspection certificates, the department makes no express or implied warranties as to the disease-free status of the potatoes, but certifies only that at the time of inspection the sample potatoes in each lot conformed to the quality standards and requirements of this marketing agreement.

(5) CERTIFICATE CONTENTS. The certificate issued by the department after inspecting each lot shall contain the following:

(a) Name and address of affected handler;

(b) Volume of potatoes in the inspected lot;

(c) Date on which the certificate was issued;

(d) Brand or trade name found on the packages of potatoes;

(e) A statement indicating the potatoes meet the standards of this agreement;

(f) License number of truck-trailer or identification number of the railroad car on which potatoes are shipped.

(6) SHIPMENTS. Shipments of potatoes under the agreement shall be accompanied by a copy of the official certificate covering the inspected lot and shall be attached to bills of lading or other shipping documents.

(7) FAILURE TO MEET STANDARDS.

(a) The department may issue a holding order, pursuant to s. 97.12(2), Stats., to prevent the shipment of potatoes which are labeled with the Wisconsin seal of quality, but which violate any standards of the marketing agreement and are misbranded under s. 97.03, Stats. The holding order shall prohibit the shipment or sale of the lot of potatoes identified in the order until the violation has been cured to the satisfaction of the department. The holding order shall specify the nature of the violation; whether the violation may be corrected; and, if the violation cannot be corrected, the manner in which the potatoes may be disposed. Potatoes subject to a holding order shall not be sold or shipped for any purpose, except as authorized by the department.

(b) An affected handler receiving a holding order shall:
1. Correct the violation to the satisfaction of the department, if possible;

2. Re-sort and repackage the potatoes so as to comply with the marketing agreement standards; or

3. Dispose of the potatoes in any manner authorized by the department.

(c) An affected handler after receiving a holding order shall have 7 days from the date of issue to certify in writing and document to the department the manner in which the violation has been corrected, or in which the disposal of the affected potatoes has been carried out. Failure of the handler to provide certification and documentation within the time specified constitutes a violation of the agreement.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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