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 101.26 - Disclosure to producers

Universal Citation: WI Admin Code ยง ATCP 101.26

Current through August 26, 2024

(1) DISCLOSURE REQUIRED. A vegetable contractor shall make a disclosure under sub. (2) to every vegetable producer and producer agent with whom the vegetable contractor enters into a vegetable procurement contract. The vegetable contractor shall make the disclosure, in the form prescribed under sub. (2), as part of each proposed vegetable procurement contract offered to the vegetable producer or producer agent. The disclosure shall be clear and conspicuous, and shall be set apart from every other writing.

(2) FORM OF DISCLOSURE. A disclosure under sub. (1) shall consist of a verbatim copy of one of the following statements, as applicable:

(a) Except as provided in par. (b) or (c), the following statement if the vegetable contractor's estimated default exposure is equal to or less than the sum of the maximum fund reimbursement amount and any security amount the vegetable contractor has on file with the department:

IMPORTANT NOTICE

[Name of vegetable contractor] participates in Wisconsin's Agricultural Producer Security program as a licensed vegetable contractor. If we fail to pay you for vegetables when payment is due, you may file a claim under this program. The program may reimburse up to 90% of the first $40,000 of your allowed claim, 85% of the next $40,000, 80% of the next $40,000, and 75% of any additional amount. For more information, you may contact the Wisconsin Department of Agriculture, Trade and Consumer Protection, 2811 Agriculture Drive, P. O. Box 8911, Madison, WI 53708-8911 (phone 608/224-4998).

(b) The following statement if the vegetable contractor's estimated default exposure exceeds the sum of the maximum fund reimbursement amount and any security amount the vegetable contractor has on file with the department:

IMPORTANT NOTICE

[Name of vegetable contractor] participates in Wisconsin's Agricultural Producer Security Program as a licensed vegetable contractor. If we fail to pay you for vegetables when payment is due, you may file a claim under this program. The program may reimburse up to 90% of the first $40,000 of an allowed claim, 85% of the next $40,000, 80% of the next $40,000, and 75% of any additional amount. However, our "estimated default exposure" exceeds available reimbursement funding, so reimbursement may cover a much smaller portion of your loss. For more information, you may contact the Wisconsin Department of Agriculture, Trade and Consumer Protection, 2811 Agriculture Drive, P. O. Box 8911, Madison, WI 53708-8911 (phone 608/224-4998).

(c) The following statement if the vegetable contractor is not required to contribute to the fund or file security with the department, and has not done so voluntarily:

IMPORTANT NOTICE

[Name of vegetable contractor] does not contribute to Wisconsin's Agricultural Producer Security Program, and has not filed security under the program. The program will therefore provide no compensation if we fail to pay you for vegetables. For more information, you may contact the Wisconsin Department of Agriculture, Trade and Consumer Protection, 2811 Agriculture Drive, P. O. Box 8911, Madison, WI 53708-8911 (phone 608/224-4998).

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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