Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection, ATCP 140, ch. ATCP 156 - Certified Seed Potatoes

Chapter Ag 91 was renumbered chapter ATCP 156 under s. 13.93(2m) (b)1, Stats., Register, April, 1993, No. 448. Chapter ATCP 156 was renumbered sections ATCP 157.01 to 157.08, Register, February, 1996, No. 482. Ch. ATCP 156 as it existed on 04-30-07 was repealed and a new Ch. ATCP 156 was created, Register April 2007 No. 616, eff. 5-1-07.

Note : This chapter establishes a cooperative program, between the Wisconsin department of agriculture, trade and consumer protection (the "department") and the university of Wisconsin college of agricultural and life sciences (the "college"), for the voluntary certification and grading of seed potatoes in this state.

Under this cooperative program, the college inspects seed potatoes for pathogens, and certifies seed potatoes in appropriate categories based on predicted disease-free reliability. The department inspects and grades college-certified seed potatoes for other measures of quality.

Grading and certification are based on standards and procedures spelled out in this rule. Grading and certification are voluntary (at the request of the seed potato grower). The department and the college charge fees to cover the costs of grading and certification.

The department has adopted this rule pursuant to ss. 93.06(1), (1m), (1p) and (11), 93.07(1), 93.09 and 100.14, Stats., and pursuant to a memorandum of understanding with the college. Sections ATCP 156.02(5) and are adopted 156.16 under s. 100.20(2), Stats. Violations of those sections are subject to applicable penalties and remedies provided in ss. 100.20(5) and (6) and 100.26, Stats.

Under this rule and the memorandum of understanding with the college, the department has delegated authority to the college to inspect and certify seed potatoes, and charge fees to cover the college's costs of inspection and certification. Certification decisions by the college may be subject to administrative review by the department, as provided by this chapter.