Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 101 - Vegetable Contractors
Subchapter II - Financial Standards and Security
Section ATCP 101.245 - Vegetable contractor fund assessments

Universal Citation: WI Admin Code ยง ATCP 101.245

Current through August 26, 2024

(1) GENERAL. A contributing vegetable contractor shall pay an annual fund assessment for each license year. The annual fund assessment shall be calculated under this section, rather than under s. 126.60(1), Stats. Except as provided in subs. (3) and (4), the annual fund assessment shall be calculated according to sub. (2).

(2) ASSESSMENT AMOUNT.

(a) A contributing vegetable contractor that reports less than $500,000 in contract obligations under s. 126.56(9) (am), Stats., shall pay a fund assessment equal to the greater of the following amounts:
1. $100.

2. The sum of the amounts calculated under s. 126.60(1) (a) and (b), Stats. If all of the contract obligations reported by the vegetable contractor under s. 126.56(9) (am), Stats., were made under written contracts where payments were required no more than 30 days after taking custody or control of the vegetables, then further divide this amount by 2.

(b) A contributing vegetable contractor that reports at least $500,000 but less than $4 million in contract obligations under s. 126.56(9) (am), Stats., shall pay a fund assessment equal to the greater of the following amounts:
1. $200.

2. The sum of the amounts calculated under s. 126.60(1) (a) and (b), Stats. If all of the contract obligations reported by the vegetable contractor under s. 126.56(9) (am), Stats., were made under written contracts where payments were required no more than 30 days after taking custody or control of the vegetables, then further divide this amount by 2.

(c) A contributing vegetable contractor who reports $4 million or more in contract obligations under s. 126.56(9) (am), Stats., shall pay a fund assessment equal to the greater of the following amounts:
1. $500.

2. The sum of the amounts calculated under s. 126.60(1) (a) and (b), Stats. If all of the contract obligations reported by the vegetable contractor under s. 126.56(9) (am), Stats., were made under written contracts where payments were required no more than 30 days after taking custody or control of the vegetables, then further divide this amount by 2.

(d) If the fund balance attributable to vegetable contractors is less than $800,000 on November 30 of the preceding license year, a contributing vegetable contractor shall pay the sum of the amount calculated under either (a), (b), or (c) and the lesser of:
1. $50,000. If all of the contract obligations reported by the vegetable contractor under s. 126.56(9) (am), Stats., were made under written contracts where payments were required no more than 30 days after taking custody or control of the vegetables, then this amount is $25,000.

2. The amount of contract obligations under s. 126.56(9) (am), Stats., multiplied by 0.002. If all of the contract obligations reported by the vegetable contractor under s. 126.56(9) (am), Stats., were made under written contracts where payments were required no more than 30 days after taking custody or control of the vegetables, then divide this amount by 2.

(3) REDUCED ASSESSMENT. A contributing vegetable contractor's annual fund assessment under sub. (1) is reduced by the following applicable amounts:

(a) The amount calculated under s. 126.60(5m), Stats., if the contributing vegetable contractor files security under s. 126.61(1) (b), Stats.

(b) The amount of any refund that applies under s. ATCP 101.25. The refund shall be paid as a credit against the contributing vegetable contractor's annual fund assessment for the next license year, as provided in s. ATCP 101.25(3).

(c) The amount of any assessment reduction that applies under s. ATCP 101.255.

(4) EXEMPTION. A contributing vegetable contractor is not required to pay any fund assessment under this section for a license year if all of the following apply:

(a) The vegetable contractor was classified as a contributing vegetable contractor in each of the 5 license years immediately preceding that license year.

(b) The fund balance attributable to vegetable contractors was at least $1.5 million on November 30 of the last preceding license year.

(c) The overall fund balance was at least $11 million on November 30 of the last preceding license year.

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