Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 101 - Vegetable Contractors
Subchapter I - Vegetable Procurement Practices
Section ATCP 101.01 - Definitions

Universal Citation: WI Admin Code ยง ATCP 101.01

Current through August 26, 2024

In this subchapter:

(1) "Abandoned acreage" means vegetable acreage, grown under a vegetable procurement contract, which the contractor declares to be abandoned under s. ATCP 101.04.

(2) "Contractor" means a person who buys or offers to buy vegetables in this state from a producer, or who contracts or offers to contract with a producer to grow vegetables in this state, regardless of whether the contractor is located in this state or is engaged in food processing. "Contractor" does not include any of the following:

(a) A person who procures vegetables primarily for unprocessed fresh market use and is licensed under the federal perishable agricultural commodities act, 7 USC 499.

(b) A restaurant or retail food establishment that procures vegetables solely for retail sale at the restaurant or retail food establishment.

(3) "Pool acreage" means vegetable acreage assigned to an unharvested acreage pool under s. ATCP 101.05.

(4) "Pool contributor" means any of the following:

(a) A producer who contributes, either directly or by means of a deduction or reduced compensation under a vegetable procurement contract, to an unharvested acreage pool.

(b) A contractor who contributes to an unharvested acreage pool as a producer under s. ATCP 101.05(8).

(c) A contractor who makes a matching contribution to an unharvested acreage pool under s. ATCP 101.05(7).

(5) "Pool contribution" or "contribution" means an amount of money contributed to an unharvested acreage pool by a pool contributor. A producer's "contribution" to an unharvested acreage pool includes any contribution in the form of a deduction or reduced compensation under a vegetable procurement contract.

(6) "Pool funds" means all contributions made by pool contributors as part of an unharvested acreage pool.

(7) "Pool participant" means a producer assigned to an unharvested acreage pool under s. ATCP 101.05. "Pool participant" includes a contractor who participates in an unharvested acreage pool as a producer under s. ATCP 101.05(8).

(8) "Producer" means a person who produces and sells vegetables, or who grows vegetables under contract.

(9) "Suitable acreage" means all vegetable acreage grown under a vegetable procurement contract, other than acreage which the contractor declares to be abandoned under s. ATCP 101.04.

(10) "Unharvested acreage" means both of the following:

(a) Vegetable acreage which a contractor leaves unharvested for any reason, regardless of whether the vegetable crop is suitable or abandoned.

(b) Acreage used to produce a vegetable crop which is rejected by the contractor for any reason, regardless of whether the crop is suitable or abandoned.

(11) "Unharvested acreage pool" or "pool" means a contractual arrangement under s. ATCP 101.05 between a contractor and producers, under which producers make contributions in order to help finance a contractor's payments to other producers under s. ATCP 101.05(4) (a) or (b).

(12) "Vegetable" means sweet corn, snap beans or peas that are grown or sold for use in food processing, whether or not they are actually processed as food.

(13) "Vegetable procurement contract" means an agreement between a contractor and a producer, under which the contractor buys vegetables from the producer or contracts with the producer to grow vegetables in this state.

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