No person may do any of the following in connection with the sale of potatoes:

1. (1) Represent the potatoes as Wisconsin graded seed potatoes unless the potatoes are graded, handled and accurately labeled according to this subchapter.

2. (2) Misrepresent the grade of certified seed potatoes, or the basis for that grade.

   Note: Section ATCP 156.16 is adopted under authority of s. 100.20(2), Stats. The department may prosecute fraudulent misrepresentations of grade pursuant to s. 100.20(6) or 100.26, Stats. A buyer who suffers a monetary loss because of a fraudulent misrepresentation of grade may bring a private court action for double damages, costs and attorney fees, pursuant to s. 100.20 (5), Stats.

History

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