Section 155.215. Deductions for thistle buds, nightshade berries and mustard pod pieces.

 

(1)   General. Under a procurement contract for peas, a contractor may deduct for thistle buds, nightshade berries and mustard pod pieces found among the peas. The deduction shall be made from the net amount that would be payable to the producer and may be applied to harvested peas or unharvested pea acreage according to this section. The procurement contract shall specify the terms of the deduction, consistent with this section. Deductions shall comply with the procurement contract and this section.

(2)   Harvested peas; basis for deduction. For each load of harvested peas, the deduction under sub. (1) shall be based on the actual number of thistle buds, nightshade berries or mustard pod pieces found in a 200-ounce grading sample collected from that load. The sample shall be collected according to ss. ATCP 155.03 (3) and 155.21 .

(3)   Unharvested acreage; basis for deduction. For unharvested pea acreage, the deduction under sub. (1) shall be based on the actual number of thistle buds, nightshade berries or mustard pod pieces found in a composite 200-ounce grading sample collected from the unharvested acreage. The composite sample shall be comprised of component samples collected from the unharvested acreage according to s. ATCP 101.03 (5) or equivalent field sampling procedures specified in the procurement contract.

(4)   Deduction amount. No contractor may make a deduction under sub. (1) unless the procurement contract specifies the amount of the deduction. Subject to the limits specified under subs. (5) and (6) , the amount deducted shall be based on the number of thistle buds, nightshade berries or mustard pod pieces found in sampling under sub. (2) or (3) . Deduction amounts shall be expressed as percentages of the net amount that would be payable to the producer in the absence of any deduction under sub. (1) .

(5)   Deduction limitations. No contractor may make a deduction under sub. (1) unless the procurement contract specifies a number of thistle buds, nightshade berries or mustard pod pieces which, when found in sampling under sub. (2) or (3) , will cause a deduction to be made under the contract. For purposes of making a deduction, the contract may not specify a number less than 4 thistle buds, 2 nightshade berries, or 20 mustard pod pieces.

(6)   Deduction cap.

(a) The amount of the deduction specified under sub. (4) for each thistle bud in excess of one may not exceed 5% of the net amount payable to the producer absent the deduction.

(b) The amount of the deduction specified under sub. (4) for each nightshade berry, if the deduction threshold is met, may not exceed 10% of the net amount payable to the producer absent the deduction.

(c) The amount of the deduction specified under sub. (4) for each aggregate unit of 20 whole or partial pieces of mustard pods may not exceed 5% of the net amount payable to the producer absent the deduction.

(d) The combined deduction specified under sub. (4) for thistle buds, nightshade berries and mustard pod pieces may not exceed 30% of the net amount that would be payable to the producer absent the deduction.

(7)   Unharvested acreage; agreement on deduction. Notwithstanding sub. (3) , a contractor and producer may, without field sampling, agree to a deduction under sub. (1) for unharvested pea acreage if all of the following apply:

(a) The deduction is determined according to the procurement contract, based on an agreed upon estimate of the number of thistle buds, nightshade berries or mustard pod pieces that would be found by sampling under sub. (3) .

(b) The deduction does not exceed the maximum deduction allowed under sub. (6) .

(c) The contractor discloses to the producer in writing, before the producer agrees to the deduction, that the producer has the right to have the field sampled for thistle buds, nightshade berries and mustard pod pieces according to sub. (3) .

(d) The agreement is made in writing and signed by the parties during the scheduled harvest period.

(e) The agreement specifies the acreage covered by the agreement.

(f) A copy of the agreement is provided to the producer.

History: Cr. Register, February, 1995, No. 470 , eff. 3-1-95.