Section 101.04. Abandoned acreage.

 

(1)   Declaration that acreage is abandoned. For payment purposes under s. ATCP 101.03 , contracted vegetable acreage is considered suitable unless the contractor declares that the acreage is abandoned under this section. A contractor may declare that acreage is abandoned if any of the following apply:

(a) The vegetable crop is destroyed, or rendered clearly unsuitable for processing, by drought, flood, wind, hail, frost or other natural peril.

(b) The crop yield or grade, determined according to the procedure specified for unharvested suitable acreage under s. ATCP 101.03 (4) , fails to meet the contractor's reasonable minimum standard for harvest as specified in the vegetable procurement contract.

(c) The crop is not suitable for processing because it contains illegal pesticide residues, or pesticide residues which exceed limits specified in the vegetable procurement contract.

(2)   Form of declaration. If a contractor declares that acreage is abandoned under sub. (1) , the contractor shall make that declaration in writing to the producer. The contractor shall specify the basis for the declaration under sub. (1) .

(3)   Contribution to unharvested acreage pool.

(a) Subject to par. (b) , a contractor may require a producer of abandoned acreage to contribute to an unharvested acreage pool under s. ATCP 101.05 , and may deduct the producer's contribution from the amount paid to the producer for the abandoned acreage.

(b) A contractor may not require a producer of abandoned acreage to contribute to an unharvested acreage pool unless all of the following apply:

1. The producer's pool contribution, expressed as a percentage deduction from the gross amount due the producer for the abandoned acreage, equals the percentage contribution made by every other producer of abandoned acreage.

2. The pool contribution requirement is clearly disclosed in the vegetable procurement contract, pursuant to s. ATCP 101.05 .

3. The pool contribution does not exceed the maximum contribution specified in the vegetable procurement contract under s. ATCP 101.05 (6) .

4. The pool contribution does not result in any net payment from the producer to the contractor.

(4)   No net charge to producer.

(a) If a contractor declares that acreage is abandoned under this section, the contractor may not require the producer to pay any supply or service charges, or make any pool contribution, which would result in a net payment from the producer to the contractor.

(b) Paragraph (a) does not limit charges for supplies and services which the producer was free to obtain from sources other than the contractor.

(5)   Contractor fault. This section does not relieve a contractor from any contract claim which a producer may have against a contractor because of the contractor's failure to perform the contractor's obligations under the contract.

History: Cr. Register, December, 1992, No. 444 , eff. 1-1-93.

Note

Pesticide residues are illegal if, for example, they exceed legal tolerances on the vegetable crop, or if they resulted from the use of a pesticide which is not registered or labeled for use on that vegetable crop. Microsoft Windows NT 6.1.7601 Service Pack 1