1. (1) Certification by college. The college may certify a lot of seed potatoes at the request of the seed potato grower if the college finds that the lot meets applicable standards under s. ATCP 156.03. Certification does not constitute a warranty by the college, and does not extend to any disease or condition that cannot be observed by visual inspection of potato plants or tubers.
2. (2) Classifying certified seed potatoes. The college shall classify, according to s. ATCP 156.05, each lot of seed potatoes that it certifies under sub. (1). Classification does not constitute a warranty by the college.

3. (3) Certification documents. The college shall issue a certification under sub. (1) in writing, and shall provide copies of the certification documents to the seed potato grower. The certification documents shall include all of the following:

   1. (a) A unique identification number for the certified lot.
   2. (b) The name and address of the seed potato grower.
   3. (c) The certification date and the year to which the certification applies.
   4. (d) The location of the farm on which the certified seed potatoes are grown.
   5. (e) The number of acres of seed potatoes in the certified lot.
   6. (f) The variety of seed potatoes in the certified lot.
   7. (g) The classification assigned to the certified seed potatoes under sub. (2) and the basis for that classification.

   8. (h) The nature and source of the propagative material used to produce the certified lot.

      Note: Certified seed potatoes must be produced from propagative material that complies with s. ATCP 156.03 (1).

   9. (i) The result of each of the following inspections or tests conducted on the certified lot:

      1. 1. Each field inspection under s. ATCP 156.04 (1).
      2. 2. Each harvest inspection under s. ATCP 156.04 (2).

      3. 3. Each post-harvest test under s. ATCP 156.04 (3). If the college certifies a lot of seed potatoes before completing the post-harvest test under s. ATCP 156.04 (3), the college shall issue the result of the post-harvest test in writing when the test is complete.

         Note: The college must perform a post-harvest test before certifying foundation seed potatoes (see s. ATCP 156.04 (3) (a)). The college may certify other seed potatoes before completing a post-harvest test, but must withdraw the certification if the post-harvest test shows a violation of certification standards.

      4. 4. Any laboratory tests conducted on the certified lot.
   10. (j) A statement that the certification applies only if the certified lot is also graded under subch. III.
   11. (k) Documentation related to any variance granted by the college under s. ATCP 156.03 (7).
   12. (L) Any conditions or limitations on certification, including any conditions or limitations under s. ATCP 156.03 (7).
   13. (m) Other information that the college chooses to include.
4. (3m) Certification tags. Whenever the college certifies a lot of seed potatoes, the college shall provide the seed potato grower with an appropriate number of certification tags. The seed potato grower may attach the tags to shipments of seed potatoes from the certified lot, once the department has graded the seed potatoes under subch. III.

5. (4) Misrepresentation.

   1. (a) No person may sell or represent potatoes as Wisconsin certified seed potatoes unless the potatoes are all of the following:

      1. 1. Certified under sub. (1).
      2. 2. Graded under subch. III.
      3. 3. Labeled according to this subchapter and subch. III. Labeling shall include the classification assigned under sub. (2) and the grade assigned under subch. III.
   2. (b) No person may represent seed potatoes, certified in another state, as Wisconsin certified seed potatoes.

   3. (c) No person may misrepresent the terms, conditions or basis for any seed potato certification, including any information related to seed potato classification, inspection findings, lab test findings, line or source.

      Note: Subsection (4) is adopted under s. 100.20 (1), Stats. The college may withdraw a violator’s certification, pursuant to sub. (9). The department may also prosecute fraudulent claims pursuant to s. 100.20 (6) or 100.26, Stats. A buyer who suffers a monetary loss because of a fraudulent claim may bring a private court action for double damages, costs and attorney fees, pursuant to s. 100.20 (5), Stats.

6. (5) Certification by another state. No person may sell or represent potatoes as seed potatoes certified by another state unless all of the following apply:

   1. (a) The seed certification agency in the other state has certified, classified and graded the seed potatoes according to standards that are equivalent to the standards in this chapter as determined by the college.
   2. (b) The potatoes are labeled to show their state of origin, and their certification, classification and grade under par. (a).
   3. (c) The potatoes are accompanied by certification documentation, issued by the seed certification agency in the other state, which is equivalent to the certification documentation under sub. (3) as determined by the college. The seller shall make the certification documentation available to the college and the department, for inspection and copying, upon request.

   4. (d) The other state acknowledges Wisconsin seed potato certification, subject to terms that are no more restrictive than the terms in this subsection.

      Note: Subsection (5) is adopted under s. 100.20 (1), Stats. The college may withdraw a violator’s certification, pursuant to sub. (9). The department may also prosecute fraudulent claims pursuant to s. 100.20 (6) or 100.26, Stats. A buyer who suffers a monetary loss because of a fraudulent claim may bring a private court action for double damages, costs and attorney fees, pursuant to s. 100.20 (5), Stats.

      Note: To obtain a list of states whose certification is recognized in this state, visit the college website at: http://www.plantpath.wisc.edu/wspcp/.

7. (6) Applying for certification. A seed potato grower shall apply for certification under sub. (1) by June 15 of the year in which the grower produces the seed potatoes. The grower shall apply to the college on a form provided by the college. The application shall include all of the following:

   1. (a) The name of the seed potato grower.
   2. (b) The location of the farm on which the seed potatoes are grown.

   3. (c) The total acreage of potatoes planted on the farm, and the total acreage proposed for certification.

      Note: A grower who applies for certification of seed potatoes may not plant, on the same farm in the same year, any potatoes or propagative materials except those listed in s. ATCP 156.03 (1). See s. ATCP 156.03 (2) (c).

   4. (d) A description of each separate lot of seed potatoes proposed for certification. The description of each lot shall comply with sub. (7).
   5. (e) An agreement to permit inspections required under s. ATCP 156.04.

   6. (f) An agreement to pay the college’s reasonable certification costs, as determined by the college, including costs for all of the following:

      1. 1. Inspections required under s. ATCP 156.04.
      2. 2. Laboratory testing, if required.
      3. 3. Issuing certification documents under sub. (3).

   7. (g) Other relevant information requested by the college, for purposes of certification.

      Note: A seed potato grower may obtain an application form under sub. (6) by contacting the college. The college maintains a certification field office in Antigo, Wisconsin. A grower may also obtain application information by visiting the college website at: http://www.plantpath.wisc.edu/wspcp/.

8. (7) Lot description. A lot description under sub. (6) (d) shall include all of the following:

   1. (a) The potato variety. If the variety is protected under the plant variety protection act, the application shall document that the seed potato grower has the right to grow and sell the protected variety.
   2. (b) The number of planted acres from which the lot was produced.

   3. (c) A description of the propagative material used to produce the lot. The description shall do all of the following:

      1. 1. Identify the nature and source of the propagative material.
      2. 2. Document that the propagative material complies with s. ATCP 156.03 (1).
      3. 3. Include a certification document under sub. (3) or (5) (c) if the propagative material consists of certified seed potatoes.
9. (8) Fraudulent application. No person may submit any false or fraudulent information in connection with a certification application under sub. (6).

10. (9) Denying or withdrawing certification.

    1. (a) The college may, by written notice, deny or withdraw a certification under sub. (1) if the college finds any of the following:

       1. 1. Certification standards under this subchapter are not met.
       2. 2. The college issued the certification based on false or fraudulent information.
       3. 3. The seed potato grower has materially violated this section.

    2. (b) A notice under par. (a) shall state the reasons for the denial or withdrawal.

       Note: A seed potato grower may request a meeting with college staff to discuss a certification denial or withdrawal under sub. (9). If the matter cannot be resolved by the grower and the college, the grower may request a contested case hearing before the department, pursuant to s. 227.42, Stats., and ch. ATCP 1. See s. ATCP 156.08.

History

History: CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07.