Chapter 126, AGRICULTURAL PRODUCER SECURITY

126.01 General definitions. In this chapter: (1) “Affiliate” means any of the following persons: (a) An owner, major stockholder, partner, officer, director, member, employee, or agent of a contractor. (b) A person owned, controlled, or operated by a person under par. (a). (2) “A…

126.05 Agricultural producer security fund. (1) The fund is a public trust and shall be administered to secure payments to producers. Moneys deposited into the fund may be used only for the purposes of this chapter. (2) The department shall deposit into the fund all fees, surchar…

126.06 Contingent financial backing. (1) DEPARTMENT MAY ACQUIRE. Using moneys appropriated under s. 20.115 (1) (v), the department may acquire contingent financial backing to secure payment under s. 126.72 (2) of claims against contributing contractors, as defined in s. 126.68 (1…

126.10 Definitions. In this subchapter: (1) “Cash on delivery” means full cash payment for grain when the grain dealer takes custody or control of the grain. (2) “Cash payment” means payment in any of the following forms: (a) Currency. (b) A cashier’s check or a check that a bank…

126.11 Grain dealers; licensing. (1) LICENSE REQUIRED. Except as provided in sub. (2), no grain dealer may procure producer grain in this state without a current annual license from the department. (2) EXEMPT GRAIN DEALERS. The following grain dealers are not required to hold a l…

126.12 Grain dealers; insurance. (1) FIRE AND EXTENDED COVERAGE INSURANCE. A grain dealer licensed, or required to be licensed, under s. 126.11 shall maintain fire and extended coverage insurance, issued by an insurance company authorized to do business in this state, that covers…

126.13 Grain dealers; financial statements. (1) REQUIRED ANNUAL FINANCIAL STATEMENT. (a) A grain dealer shall file an annual financial statement with the department, before the department first licenses the grain dealer under s. 126.11, if the grain dealer’s license application s…

126.14 Contributing grain dealers; disqualification. (1) CONTRIBUTION REQUIRED. A grain dealer who is required to be licensed under s. 126.11 (1) shall pay fund assessments under s. 126.15 unless the grain dealer is disqualified under sub. (2). A grain dealer who is voluntarily l…

126.15 Contributing grain dealers; fund assessments. (1) GENERAL. A contributing grain dealer shall pay an annual fund assessment for each license year. Except as provided in sub. (6m), the assessment equals $20 or the sum of the following, whichever is greater, unless the depart…

126.16 Grain dealers; security. (1) SECURITY REQUIRED. (a) A grain dealer shall file security with the department, and maintain that security until the department releases it under sub. (8) (a), if all of the following apply when the department first licenses the grain dealer und…

126.17 Grain dealers; records. 126.17(1)(1) Records and accounts; general. A grain dealer shall keep records and accounts of all grain procured and all grain sold or marketed by the grain dealer. A grain dealer shall keep records that are complete, accurate, current, well-organiz…

126.18 Grain dealers; receipts for grain. (1) REQUIREMENT. Whenever a grain dealer receives grain from any person, the grain dealer shall immediately give that person a written receipt for the grain that includes all of the following: (a) The name of the grain dealer and a statem…

126.19 Grain dealers; deferred payment contracts. (1) CONTRACT IN WRITING. A grain dealer may not procure grain from any grain producer or producer agent under a deferred payment contract before the contract is reduced to writing and signed by the parties. The grain dealer shall …

126.20 Grain dealers; business practices. 126.20(1)(1) Grain weight, grade, and quality. A grain dealer shall do all of the following when determining the weight, grade, or quality of grain: 126.20(1)(a)(a) Accurately determine the weight, grade, or quality using accurate weighin…

126.21 Grain producer obligations. (1) DELIVERY PER CONTRACT. No grain producer or producer agent who contracts to sell and deliver grain to a grain dealer at an agreed price may wrongfully refuse to deliver that grain according to the contract. (2) DISCLOSURE OF LIENS AND SECURI…

126.25 Definitions. In this subchapter: (1) “Capacity” means the maximum amount of grain, measured in bushels, that can be stored in a grain warehouse. The capacity of a grain warehouse is determined by dividing the cubic volume of all bins, expressed in cubic feet, by 1.244 cubi…

126.26 Grain warehouse keepers; licensing. 126.26(1)(1) License required. 126.26(1)(a)(a) No grain warehouse keeper may hold at any time more than 50,000 bushels of grain for others without a current annual license from the department. A grain warehouse keeper who has grain wareh…

126.27 Grain warehouse keepers; insurance. 126.27(1)(1) Fire and extended coverage insurance. A grain warehouse keeper licensed under s. 126.26 (1) shall maintain fire and extended coverage insurance, issued by an insurance company authorized to do business in this state, that co…

126.28 Grain warehouse keepers; financial statements. (1) REQUIRED ANNUAL FINANCIAL STATEMENT. (a) A grain warehouse keeper shall file an annual financial statement with the department before the department first licenses the warehouse keeper under s. 126.26 (1), if the warehouse…

126.29 Contributing grain warehouse keepers; disqualification. (1) CONTRIBUTION REQUIRED. A grain warehouse keeper licensed under s. 126.26 (1) shall pay fund assessments under s. 126.30 unless the grain warehouse keeper is disqualified under sub. (2). (2) DISQUALIFIED WAREHOUSE …

126.30 Grain warehouse keepers; fund assessments. (1) GENERAL. A contributing grain warehouse keeper shall pay an annual fund assessment for each license year. Except as provided in sub. (5m), the assessment equals $20 or the sum of the following, whichever is greater, unless the…

126.31 Grain warehouse keepers; security. (1) SECURITY REQUIRED. (a) A grain warehouse keeper shall file security with the department, and maintain that security until the department releases it under sub. (8), if all of the following apply when the department first licenses the …

126.32 Grain warehouse keepers; records. (1) RECORDS AND ACCOUNTS; GENERAL. A grain warehouse keeper shall maintain current, complete, and accurate records and accounts of all grain received into and withdrawn from each grain warehouse, including records required under subs. (2) …

126.33 Receipts for grain. (1) REQUIREMENT. Immediately after a grain warehouse keeper receives grain from a depositor, the grain warehouse keeper shall give the depositor a warehouse receipt or other storage receipt that includes all of the following: (a) The name and permanent …

126.34 Grain warehouse keepers; business practices. (1) GRAIN WEIGHT, GRADE, AND QUALITY. A grain warehouse keeper shall do all of the following when determining the weight, grade, or quality of grain: (a) Accurately determine the weight, grade, or quality using accurate weighing…

126.40 Definitions. In this subchapter: (1) “Contributing milk contractor” means a milk contractor who is licensed under s. 126.41 (1), who has not been disqualified from the fund under s. 126.45 (3), and who either: (a) Has paid one or more fund assessments under s. 126.46. (b) …

126.41 Milk contractors; licensing. (1) ANNUAL LICENSE. (a) No milk contractor may do any of the following without a current annual license from the department: 1. Receive producer milk in this state. 2. Collect producer milk from a dairy farm in another state for direct shipment…

126.42 Milk contractors; monthly license fee. (1) MONTHLY LICENSE FEE PAYMENT. Except as provided under sub. (5) or (6), a milk contractor licensed under s. 126.41 (1) shall pay to the department, by the 25th day of each month, a monthly license fee of 0.15 cent for each 100 poun…

126.43 Milk contractors; insurance. (1) FIRE AND EXTENDED COVERAGE INSURANCE. A milk contractor licensed under s. 126.41 (1) shall maintain fire and extended coverage insurance that covers, at their full value, all milk and milk products in the possession, custody, or control of …

126.44 Milk contractors; financial statements. (1) REQUIRED ANNUAL FINANCIAL STATEMENT. (a) A milk contractor shall file an annual financial statement with the department, before the department first licenses the milk contractor under s. 126.41 (1), if the milk contractor’s licen…

126.45 Contributing milk contractors; disqualification. (1) REQUIRED CONTRIBUTORS. (a) Except as provided in sub. (3), a licensed milk contractor shall pay fund assessments under s. 126.46 if the milk contractor does not file annual and quarterly financial statements under s. 126…

126.46 Contributing milk contractors; fund assessments. (1) GENERAL. A contributing milk contractor shall pay an annual fund assessment for each license year, including an assessment for deferred payment contracts entered into under s. 126.485, in the amount specified by the depa…

126.47 Milk contractors; security. (1) SECURITY REQUIRED. (a) A milk contractor shall file security with the department, and maintain that security until the department releases it under sub. (7), if all of the following apply when the department first licenses the milk contracto…

126.48 Milk contractors; payments to producers. (1) FIRST MONTHLY PAYMENT. Except as provided under the terms of a deferred payment contract that satisfies the requirements under s. 126.485, by the 4th day of each month, a milk contractor shall pay for producer milk received duri…

126.485 Milk contractors; deferred payment contracts. (1) CONTRACT IN WRITING. A milk contractor may not procure milk from any milk producer or producer agent under a deferred payment contract before the contract is reduced to writing and signed by the parties. The milk contracto…

126.487 Payment explanation. The department may, by rule, require a milk contractor to provide a milk producer or producer agent with a written explanation of each payment under s. 126.48 or of each deferred payment under s. 126.485. The department may specify the content of the …

126.49 Milk contractors; records and reports. (1) REQUIRED RECORDS. A milk contractor shall keep accurate records and accounts of milk receipts, payments for milk received, and amounts owed to milk producers. The department may, by rule, specify records that a milk contractor mus…

126.50 Milk contractors; prohibited practices. No milk contractor, or officer, employee, or agent of a milk contractor, may do any of the following: (1) Falsify any record or account, or conspire with any other person to falsify a record or account. (2) Make any false or misleadi…

126.51 Rules for qualified producer agents. The department shall promulgate rules specifying requirements for qualified producer agents, including a requirement that a qualified producer agent have a written contract with each milk producer from whom the qualified producer agent …

126.55 Definitions. In this subchapter: (1) “Cash on delivery” means cash payment of the full agreed price for processing vegetables at the time of delivery or, if the vegetables are graded, within 72 hours after the time of delivery. (2) “Cash payment” means payment in any of th…

126.56 Vegetable contractors; licensing. 126.56(1)(1) License required. 126.56(1)(a)(a) Except as provided in sub. (2), no person may operate as a vegetable contractor without a current annual license from the department. 126.56(1)(b)(b) A license under par. (a) expires on the Ja…

126.57 Vegetable contractors; insurance. 126.57(1)(1) Fire and extended coverage insurance. 126.57(1)(a)(a) Except as provided in par. (b), a vegetable contractor who is required to be licensed under s. 126.56 (1) shall maintain fire and extended coverage insurance, issued by an …

126.58 Vegetable contractors; financial statements. (1) REQUIRED ANNUAL FINANCIAL STATEMENT. (a) Except as provided in par. (c), a vegetable contractor shall file an annual financial statement with the department, before the department first licenses the vegetable contractor unde…

126.59 Contributing vegetable contractors; disqualification. (1) CONTRIBUTION REQUIRED. A vegetable contractor licensed under s. 126.56 (1) shall pay fund assessments under s. 126.60 unless one of the following applies: (a) The vegetable contractor is disqualified under sub. (2).…

126.595 Processing potato buyer optional nonparticipation. (1) ELIGIBILITY. A processing potato buyer may elect not to participate in the fund by doing all of the following: (a) Submitting a notification of nonparticipation to the department by January 31 of each year or, for a n…

126.60 Contributing vegetable contractors; fund assessments. (1) GENERAL. A contributing vegetable contractor shall pay an annual fund assessment for each license year. Except as provided in sub. (5m), the assessment equals $20 or the sum of the following, whichever is greater, u…

126.61 Vegetable contractors; security. 126.61(1)(1) Security required. 126.61(1)(a)(a) Except as provided in par. (c), a vegetable contractor shall file security with the department, and maintain that security until the department releases it under sub. (7), if all of the follow…

126.62 Vegetable contractors; records. 126.62(1)(1) Records required. A vegetable contractor shall keep all of the following: 126.62(1)(a)(a) Copies of all written vegetable procurement contracts. 126.62(1)(b)(b) A current record of all vegetable contract obligations, payments, a…

126.63 Vegetable contractors; business practices. (1) VEGETABLE GRADING AND TARE. (a) A vegetable contractor shall grade vegetables according to the following standards if the vegetable grade may affect the amount received by the vegetable producer: 1. Standard grading procedures…

126.64 Vegetable contractors; prohibited practices. No vegetable contractor, or officer, employee, or agent of a vegetable contractor, may do any of the following: (1) Misrepresent the weight, grade, or quality of processing vegetables under a vegetable procurement contract. (2) …