Current through August 26, 2024
(1) CERTIFICATION
BY COLLEGE. The college may certify a lot of seed potatoes at the request of
the seed potato grower if the college finds that the lot meets applicable
standards under s.
ATCP 156.03. Certification does not constitute a warranty
by the college, and does not extend to any disease or condition that cannot be
observed by visual inspection of potato plants or tubers.
(2) CLASSIFYING CERTIFIED SEED POTATOES. The
college shall classify, according to s.
ATCP 156.05, each lot of seed potatoes that it certifies
under sub. (1). Classification does not constitute a warranty by the college.
(3) CERTIFICATION DOCUMENTS. The
college shall issue a certification under sub. (1) in writing, and shall
provide copies of the certification documents to the seed potato grower. The
certification documents shall include all of the following:
(a) A unique identification number for the
certified lot.
(b) The name and
address of the seed potato grower.
(c) The certification date and the year to
which the certification applies.
(d) The location of the farm on which the
certified seed potatoes are grown.
(e) The number of acres of seed potatoes in
the certified lot.
(f) The variety
of seed potatoes in the certified lot.
(g) The classification assigned to the
certified seed potatoes under sub. (2) and the basis for that
classification.
(h) The nature and
source of the propagative material used to produce the certified lot.
Note: Certified seed potatoes must be produced
from propagative material that complies with s.
ATCP 156.03(1).
(i) The result of each of the following
inspections or tests conducted on the certified lot:
1. Each field inspection under s.
ATCP 156.04(1).
2. Each harvest inspection under s.
ATCP 156.04(2).
3. Each post-harvest test under s.
ATCP 156.04(3). If the college certifies a
lot of seed potatoes before completing the post-harvest test under s.
ATCP 156.04(3), the college shall issue
the result of the post-harvest test in writing when the test is complete.
Note: The college must perform a post-harvest
test before certifying foundation seed potatoes (see s.
ATCP 156.04(3)
(a)). The college may certify other seed
potatoes before completing a post-harvest test, but must withdraw the
certification if the post-harvest test shows a violation of certification
standards.
4. Any laboratory
tests conducted on the certified lot.
(j) A statement that the certification
applies only if the certified lot is also graded under subch. III.
(k) Documentation related to any variance
granted by the college under s.
ATCP 156.03(7).
(l) Any conditions or limitations on
certification, including any conditions or limitations under s.
ATCP 156.03(7).
(m) Other information that the college
chooses to include.
(3m)
CERTIFICATION TAGS. Whenever the college certifies a lot of seed potatoes, the
college shall provide the seed potato grower with an appropriate number of
certification tags. The seed potato grower may attach the tags to shipments of
seed potatoes from the certified lot, once the department has graded the seed
potatoes under subch. III.
(4)
MISREPRESENTATION.
(a) No person may sell or
represent potatoes as Wisconsin certified seed potatoes unless the potatoes are
all of the following:
1. Certified under sub.
(1).
2. Graded under subch.
III.
3. Labeled according to this
subchapter and subch. III. Labeling shall include the classification assigned
under sub. (2) and the grade assigned under subch. III.
(b) No person may represent seed potatoes,
certified in another state, as Wisconsin certified seed potatoes.
(c) No person may misrepresent the terms,
conditions or basis for any seed potato certification, including any
information related to seed potato classification, inspection findings, lab
test findings, line or source.
Note: Subsection (4) is adopted under s.
100.20(1),
Stats. The college may withdraw a violator's certification, pursuant to sub.
(9). The department may also prosecute fraudulent claims pursuant to s.
100.20(6) or
100.26, Stats. A buyer
who suffers a monetary loss because of a fraudulent claim may bring a private
court action for double damages, costs and attorney fees, pursuant to s.
100.20(5),
Stats.
(5)
CERTIFICATION BY ANOTHER STATE. No person may sell or represent potatoes as
seed potatoes certified by another state unless all of the following apply:
(a) The seed certification agency in the
other state has certified, classified and graded the seed potatoes according to
standards that are equivalent to the standards in this chapter as determined by
the college.
(b) The potatoes are
labeled to show their state of origin, and their certification, classification
and grade under par. (a).
(c) The
potatoes are accompanied by certification documentation, issued by the seed
certification agency in the other state, which is equivalent to the
certification documentation under sub. (3) as determined by the college. The
seller shall make the certification documentation available to the college and
the department, for inspection and copying, upon request.
(d) The other state acknowledges Wisconsin
seed potato certification, subject to terms that are no more restrictive than
the terms in this subsection.
Note: Subsection (5) is adopted under s.
100.20(1),
Stats. The college may withdraw a violator's certification, pursuant to sub.
(9). The department may also prosecute fraudulent claims pursuant to s.
100.20(6) or
100.26, Stats. A buyer
who suffers a monetary loss because of a fraudulent claim may bring a private
court action for double damages, costs and attorney fees, pursuant to s.
100.20(5),
Stats.
Note: To obtain a list of states whose
certification is recognized in this state, visit the college website at:
http://www.plantpath.wisc.edu/wspcp/.
(6) APPLYING FOR CERTIFICATION. A seed potato
grower shall apply for certification under sub. (1) by June 15 of the year in
which the grower produces the seed potatoes. The grower shall apply to the
college on a form provided by the college. The application shall include all of
the following:
(a) The name of the seed
potato grower.
(b) The location of
the farm on which the seed potatoes are grown.
(c) The total acreage of potatoes planted on
the farm, and the total acreage proposed for certification.
Note: A grower who applies for certification
of seed potatoes may not plant, on the same farm in the same year, any potatoes
or propagative materials except those listed in s.
ATCP 156.03(1). See s.
ATCP 156.03(2)
(c).
(d) A description of each separate lot of
seed potatoes proposed for certification. The description of each lot shall
comply with sub. (7).
(e) An
agreement to permit inspections required under s.
ATCP 156.04.
(f) An agreement to pay the college's
reasonable certification costs, as determined by the college, including costs
for all of the following:
1. Inspections
required under s.
ATCP 156.04.
2.
Laboratory testing, if required.
3.
Issuing certification documents under sub. (3).
(g) Other relevant information requested by
the college, for purposes of certification.
Note: A seed potato grower may obtain an
application form under sub. (6) by contacting the college. The college
maintains a certification field office in Antigo, Wisconsin. A grower may also
obtain application information by visiting the college website at:
http://www.plantpath.wisc.edu/wspcp/.
(7) LOT DESCRIPTION. A lot description under
sub. (6) (d) shall include all of the following:
(a) The potato variety. If the variety is
protected under the plant variety protection act, the application shall
document that the seed potato grower has the right to grow and sell the
protected variety.
(b) The number
of planted acres from which the lot was produced.
(c) A description of the propagative material
used to produce the lot. The description shall do all of the following:
1. Identify the nature and source of the
propagative material.
2. Document
that the propagative material complies with s.
ATCP 156.03(1).
3. Include a certification document under
sub. (3) or (5) (c) if the propagative material consists of certified seed
potatoes.
(8)
FRAUDULENT APPLICATION. No person may submit any false or fraudulent
information in connection with a certification application under sub.
(6).
(9) DENYING OR WITHDRAWING
CERTIFICATION.
(a) The college may, by
written notice, deny or withdraw a certification under sub. (1) if the college
finds any of the following:
1. Certification
standards under this subchapter are not met.
2. The college issued the certification based
on false or fraudulent information.
3. The seed potato grower has materially
violated this section.
(b) A notice under par. (a) shall state the
reasons for the denial or withdrawal.
A seed potato grower may request a meeting with college
staff to discuss a certification denial or withdrawal under sub. (9). If the
matter cannot be resolved by the grower and the college, the grower may request
a contested case hearing before the department, pursuant to s.
227.42,
Stats., and ch. ATCP 1. See s.
ATCP 156.08.
