Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 140 - Marketing
Chapter ATCP 155 - Vegetable grading procedures and grade standards
Subchapter I - Definitions and General Requirements
Section ATCP 155.03 - Grading procedures

(1) GENERAL. Vegetables grown under a procurement contract, if graded for payment purposes, shall be received, handled and graded in compliance with this subchapter and crop-specific requirements under subchs. II to IV.

(2) LOADING RECEIPT. When a contractor receives vegetables under a procurement contract, the contractor shall immediately provide the producer with a signed receipt for the vegetables. If the contractor harvests the vegetables, or receives the vegetables at the harvest site, the contractor shall provide the producer with a receipt for each load of vegetables before that load leaves the harvest field. The contractor may leave the loading receipt in a receptacle provided by the producer at the harvest field. The receipt shall include all of the following information:

(3) EVERY LOAD SAMPLED; IDENTIFICATION OF SAMPLES. If vegetables are graded for payment purposes, the contractor shall collect a grading sample from every load of vegetables, according to sampling procedures prescribed under this chapter. The sample may be collected from the transport vehicle at the harvest location or when the vegetables are delivered or unloaded at the processing plant. Each sample shall be identified with all of the following information:

(4) LOAD WEIGHT STATEMENT. Within 7 days after a load of vegetables is harvested, the contractor shall mail or deliver to the producer a written statement of load weight. A contractor shall orally provide load weight information on request of the producer made prior to delivery of the written load weight statement. The statement shall identify the load of vegetables, and shall state the weight of the load of vegetables, as determined by the person who weighs the load. The weight statement shall be signed by the weigher when the load is weighed, and may be incorporated with a grade statement under sub. (5). If tare is deducted from the weight, tare shall be determined in compliance with sub. (6) and shall be recorded with the weight statement.

(5) GRADE STATEMENT. Within 7 days after a load of vegetables is harvested, the contractor shall mail or deliver to the producer a written grade statement for that load. A contractor shall orally provide grade information on request of the producer made prior to delivery of the written grade statement. The grade statement shall indicate the grade of the load, as determined by the grader and shall be signed by the grader when the load is graded. Grade shall be determined by analyzing the grading sample collected under sub. (3), according to standards and procedures prescribed under this chapter. The grade statement shall include all of the following:

(6) TARE. If, under any procurement contract, there is a deduction for tare, tare shall be actual tare as defined under s. ATCP 155.12(4) for snap beans, s. ATCP 155.21(3) for peas, or s. ATCP 155.31(4) for sweet corn. This subsection does not prohibit either of the following:

(7) GRADING LOCATION. Vegetables graded under this chapter shall be sampled and graded in this state. Vegetables may be graded outside this state with prior approval from the department. Approval will only be granted if grading is performed by a grader or inspector licensed by the federal department of agriculture.

(8) REVIEW BY PRODUCER. A producer or producer's representative may observe the loading, weighing, sampling and grading of vegetables grown by that producer, and may review any records required to be kept by the contractor under s. ATCP 155.05.