Section ATCP 156.12 - Badger state brand(1) GRADE REQUIREMENTS. To qualify for the badger state brand, a lot of certified seed potatoes shall meet all of the following requirements: (a) The college shall certify the lot under subchapter II.(b) All potatoes in the lot shall be of the same variety, subject to a tolerance of 0.25% for varietal mixture. The tolerance shall be applied according to s. ATCP 156.10(6).(c) All potatoes in the lot shall comply with size standards in subs. (2) to (4), subject to tolerances specified in subs. (2) to (4). Tolerances shall be applied according to s. ATCP 156.10(6).(d) All potatoes in the lot shall be fairly well shaped.(e) No potatoes in the lot may be frozen at the time of inspection.(f) The lot shall be free of all the following: 3. Nematode or tuber moth injury.4. Defects in excess of tolerances specified in sub. (5). Tolerances shall be applied according to s. ATCP 156.10(6).5. Other damage. Note: See definition of "damage" in s. ATCP 156.01(4). "Damage" includes, but is not limited to, "serious damage" as defined in s. ATCP 156.01(31).
(2) MINIMUM DIAMETER. (a) Except as provided in par. (b), not more than 3% of the potatoes in any lot of badger state brand certified seed potatoes may have a diameter smaller than 11/2 inches or, if the seller guarantees a different minimum diameter, the minimum diameter guaranteed.(b) If a seller guarantees a minimum diameter under par. (a) of at least 21/4 inches, not more than 5% of the potatoes in the lot may have a diameter that is smaller than the guarantee. (3) MINIMUM WEIGHT. (a) Except as provided in par. (b), not more than 3% of the potatoes in any lot of badger state brand certified seed potatoes may have a weight less than the minimum weight, if any, guaranteed by the seller.(b) If a seller guarantees a minimum weight under par. (a) of at least 5 ounces, not more than 5% of the potatoes in the graded lot may have a weight that is less than the guaranteed minimum. (4) MAXIMUM SIZE. Not more than 10% of the potatoes in any lot of badger state brand certified seed potatoes may have any of the following: (a) A weight of more than 12 ounces or, if the seller guarantees a different maximum weight, the guaranteed maximum.(b) A diameter that exceeds the maximum guaranteed by the seller, if the seller guarantees a maximum diameter.(5) DEFECT TOLERANCES. A lot of badger state brand certified seed potatoes may not contain any of the following defects in excess of the following tolerances, specified as a percentage by weight of affected potatoes compared to weight of potatoes in the lot: (a) Serious damage from hollow heart: 10%.(b) Damage from defects listed in s. ATCP 156.11(1) or (2), other than sprout damage: 5%.(d) Late blight tuber rot: 1%.(e) Serious damage from dry- or moist-type fusarium tuber rot: 2%.(f) Damage from freezing, soft rot or wet breakdown: 0.5%, except that the tolerance is 1% if the potatoes are inspected en route to or at the point of receipt by the potato buyer.(6) SALE IN BAGS OR TOTES. The following requirements apply whenever badger state brand certified seed potatoes are sold in bags or totes, as certified seed potatoes: (a) The potatoes shall be sold only in clean new bags or totes. Each bag or tote shall be labeled with the name and address of the seller.(b) Each bag or tote may be labeled with the words "Badger State Brand." No other brand, other than the seller's trademark, may appear on the bag or tote without the department's approval.(c) Each bag or tote shall bear a blue tag issued by the college under s. ATCP 156.02(3) (a). The blue tag shall clearly disclose all of the following: 1. The words "Wisconsin Certified Seed Potatoes Badger State Brand."3. The year in which the potatoes were grown.4. The name and address of the seed potato grower.5. The classification assigned by the college under s. ATCP 156.05.(d) Each bag or tote shall bear a net weight statement, and any potato size guarantees under subs. (2) to (4) that differ from standard sizes specified in subs. (2) to (4).(e) Each bag, if hand sewn, shall be sealed with a seal issued by the department.(7) SALE IN BULK. The following requirements apply whenever badger state brand certified seed potatoes are sold in bulk, as certified seed potatoes: (a) The potatoes shall be sold in a sealed container or conveyance that is thoroughly cleaned and disinfected before each use as a seed potato container or conveyance.(b) Each container or conveyance shall bear all of the following: 1. A blue tag, issued by the college, that complies with sub. (6) (c).2. A seal issued by the department under s. ATCP 156.10(2) (b).Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 156.12
CR 06-085: cr. Register April 2007 No. 616, eff. 5-1-07."Sell," as defined in s. ATCP 156.01(30), means "to contract or offer for sale, hold for sale, transport or distribute for sale, or advertise or label for sale."