Section 101.02. Vegetable procurement contracts.

 

(1)   Contract in writing; copy to producer. Every vegetable procurement contract shall be in writing, and shall include the name, address and telephone number of the contractor. The contractor shall provide a copy of the signed contract to the producer after the producer signs the contract.

(2)   Producer's right to cancel. A producer may cancel a vegetable procurement contract by mailing a written cancellation notice to the contractor within 72 hours after the producer receives a copy of the signed contract, or before a later cancellation deadline if a later deadline is specified in the contract. The producer's right to cancel, the method by which the producer may cancel, and the deadline for canceling the contract shall be clearly disclosed in every vegetable procurement contract.

(3)   Clear disclosure of terms.

(a) Every vegetable procurement contract shall clearly and conspicuously disclose both of the following:

1. The amount which the contractor agrees to pay the producer for suitable acreage, including unharvested suitable acreage under s. ATCP 101.03 .

2. The amount, if any, which the contractor agrees to pay the producer for abandoned acreage under s. ATCP 101.04 . If the contractor offers no payment for abandoned acreage, that fact shall be clearly disclosed in the contract.

(b) If the amounts under par. (a) are variable, depending on crop yield, grade or other factors to be determined at the time of harvest, the contract shall clearly disclose the formula or method by which the amounts will be determined.

(c) The contract shall clearly disclose every charge or deduction which may affect the net amount paid to the producer under the contract.

(4)   Unharvested acreage pool.

(a) If a vegetable procurement contract requires a producer to participate in an unharvested acreage pool, the contract shall clearly specify the terms and conditions of the pool, pursuant to s. ATCP 101.05 .

(b) Except for pool contributions under ss. ATCP 101.03 (2) , 101.04 (3) and 101.05 , no vegetable procurement contract may provide for any deduction or reduced payment to a producer because of a contractor's obligations to other producers.

(5)   Harvest responsibilities. Every vegetable procurement contract shall clearly specify whether the contractor or the producer is responsible for harvesting the vegetable crop. If the producer is responsible for harvest, the contract shall not state or imply that the contractor will provide harvest equipment or services unless the contractor is equipped to meet the reasonably foreseeable demand for harvest equipment and services on a timely basis.

(6)   Arbitration of disputes. Under every vegetable procurement contract, the contractor shall agree to submit contract disputes to impartial arbitration at the request of the producer.

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

Note

Sections ATCP 101.03 (2) (b) , 101.04 (1) (b) and (c) and (3) (b) 2. , and 101.05 (1) , (5) , and (6) also include contract disclosure requirements. Microsoft Windows NT 6.1.7601 Service Pack 1