Section 155.03. Grading procedures.

 

(1)   General. Vegetables grown under a procurement contract, if graded for payment purposes, shall be received, handled and graded in compliance with this subchapter and crop-specific requirements under subchs. II to IV .

(2)   Loading receipt. When a contractor receives vegetables under a procurement contract, the contractor shall immediately provide the producer with a signed receipt for the vegetables. If the contractor harvests the vegetables, or receives the vegetables at the harvest site, the contractor shall provide the producer with a receipt for each load of vegetables before that load leaves the harvest field. The contractor may leave the loading receipt in a receptacle provided by the producer at the harvest field. The receipt shall include all of the following information:

(a) The name and address of the contractor and carrier.

(b) The identity of the producer.

(c) The location of the harvest field.

(d) The date and beginning time of harvest.

(e) Identification of the load of vegetables, including the license number of the transport vehicle used to haul the load of vegetables.

(f) Signature of the contractor or agent of the contractor.

(3)   Every load sampled; identification of samples. If vegetables are graded for payment purposes, the contractor shall collect a grading sample from every load of vegetables, according to sampling procedures prescribed under this chapter. The sample may be collected from the transport vehicle at the harvest location or when the vegetables are delivered or unloaded at the processing plant. Each sample shall be identified with all of the following information:

(a) The name and address of the contractor.

(b) The identity of the producer.

(c) The location of the harvest field.

(d) Identification of the load of vegetables from which the sample was drawn, including the license number of the transport vehicle used to haul the vegetables.

(e) The date and time when the sample was collected.

(f) The date and time the vegetables were harvested.

(4)   Load weight statement. Within 7 days after a load of vegetables is harvested, the contractor shall mail or deliver to the producer a written statement of load weight. A contractor shall orally provide load weight information on request of the producer made prior to delivery of the written load weight statement. The statement shall identify the load of vegetables, and shall state the weight of the load of vegetables, as determined by the person who weighs the load. The weight statement shall be signed by the weigher when the load is weighed, and may be incorporated with a grade statement under sub. (5) . If tare is deducted from the weight, tare shall be determined in compliance with sub. (6) and shall be recorded with the weight statement.

(5)   Grade statement. Within 7 days after a load of vegetables is harvested, the contractor shall mail or deliver to the producer a written grade statement for that load. A contractor shall orally provide grade information on request of the producer made prior to delivery of the written grade statement. The grade statement shall indicate the grade of the load, as determined by the grader and shall be signed by the grader when the load is graded. Grade shall be determined by analyzing the grading sample collected under sub. (3) , according to standards and procedures prescribed under this chapter. The grade statement shall include all of the following:

(a) The name and address of the contractor.

(b) The identity of the producer.

(c) The location, date and time at which the grading sample was collected and the location at which it was graded.

(d) Identification of the load of vegetables to which the grade statement pertains, including the license number of the transport vehicle used to haul the vegetables.

(e) The date and time of grading.

(f) The weight of the samples used for grading.

(g) The weight of tare in the grading sample, and the percentage of tare calculated on the gross weight of the sample.

(h) The grade information required under s. ATCP 155.14 for snap beans, s. ATCP 155.23 for peas, and s. ATCP 155.33 for sweet corn.

(i) Space for comments or remarks of the grader.

(j) The grader's signature.

(6)   Tare. If, under any procurement contract, there is a deduction for tare, tare shall be actual tare as defined under s. ATCP 155.12 (4) for snap beans, s. ATCP 155.21 (3) for peas, or s. ATCP 155.31 (4) for sweet corn. This subsection does not prohibit either of the following:

(a) A payment deduction under s. ATCP 155.215 for thistle buds, nightshade berries or mustard pod pieces in peas.

(b) A payment deduction for undergrade, substandard or culled vegetables graded under subchapters II to IV , provided that the undergrade, substandard or culled vegetables are separately identified and graded and are not counted as tare.

(7)   Grading location. Vegetables graded under this chapter shall be sampled and graded in this state. Vegetables may be graded outside this state with prior approval from the department. Approval will only be granted if grading is performed by a grader or inspector licensed by the federal department of agriculture.

(8)   Review by producer. A producer or producer's representative may observe the loading, weighing, sampling and grading of vegetables grown by that producer, and may review any records required to be kept by the contractor under s. ATCP 155.05 .

History: Cr. Register, December, 1990, No. 420 , eff. 1-1-91 ; r. and recr. (6), Register, February, 1995, No. 470 , eff. 3-1-95.