Request a Variance

Under ATCP 156 a seed grower may request a variance to replant a seed lot for recertification. Full text of this section of legislative code is available at the bottom of this webpage.

If a seed lot was non-certified or rejected during summer field readings or following the post-harvest test, a seed grower cannot apply for a variance.  A waiver request must be submitted for a commercial grower to plant the seed lot. See below for directions on how to apply for a waiver.

Considerations for Seeking a Variance

There are several conditions upon which a variance may be given. A variance request will be considered for a seed lot if one or more of the following conditions are met:

1. The Grower is confident the lot will meet certified status in the following season.  Specifically, it does not exceed 1% mosaic, 1% leafroll, or 0.10% varietal mixture in summer field readings and 5% total virus or 2% varietal mixture following the post-harvest test
2. The Grower is confident the lot is free from Bacterial Ring Rot
3. The Grower is confident planting with the seed variance will not cause harm to seed potato quality in the surrounding area and does not pose a risk to the state’s potato industry.
4. There is only one source for this variety
5. There are wide spread problems with this variety and no other sources exist
6. The virus readings are very close to foundation tolerances of 0.5% (ex: <0.75%)

Request a Variance

1. Fill out the Seed Lot Variance Request Form and save as pdf.
2. Email the Request a Variance Form to WSPCP staff (jspurgeon@wisc.edu or brooke.babler@wisc.edu).
3. All variance requests must be received before April 1 of the intended growing year.
4. WSPCP will provide a letter with outcome of request.
5. Contact WSPCP with any questions.

How to Request a Waiver

If a seed lot is non-certified or rejected (will not receive certification tags) based on summer field inspection (exceeds 1% mosaic, 1% leafroll, or 0.10% varietal mixture or post-harvest test (exceeds 5% total virus or 2% varietal mixture) readings a commercial grower must apply for a seed waiver through the Department of Agriculture and Consumer Trade (DATCP) to legally plant the seed lot in Wisconsin.  A seed grower can also apply for the waiver on behalf of the commercial grower.

Non-certified or rejected seed lots are not eligible for a variance through WSPCP, a waiver request must be submitted.

How to Request a Waiver

1. Locate the Waiver Request form on the DATCP Seed Certification Webpage.
2. Download the fillable word document ‘Waiver Request Form’ on the right side of the website.
3. Fill out the document.
4. Follow submission direction at the bottom of the Waiver Request Form.
5. Contact DATCP with any questions.
6. If you need any assistance, please contact WSPCP staff.

From Wisconsin ATCP 156: Seed Potato Certification

http://docs.legis.wisconsin.gov/code/admin_code/atcp/140/156

ATCP 156.03 Certification standards. (7)Variance allowed by college.

• Notwithstanding (3) and (4), the college may certify a lot of seed potatoes that fails to comply with one or more standards under sub. (3) or (4) if the college documents all of the following in the

certification document under s. ATCP 156.02 (3):

1. Special conditions justify the certification, and there is a reasonable likelihood that the next generation of seed potatoes grown from the non-complying lot will comply with the standards under (3) and (4).
2. No bacterial ring rot has been found in the
3. The certification will not jeopardize seed potato quality, or pose a significant risk of harm to the potato industry or consumers.

• A seed potato grower may submit a written request for certification under (a). The requester shall provide information to show that the requested action would comply with par. (a).

ATCP 156.03(7)(c)

• The college may require laboratory tests of a representative sample of the seed potato lot for which the variance is requested.

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

Wisconsin Seed Potato Certification Program
106 7th Ave.
Antigo WI 54409
Phone:715-623-4039
Toll-free:877-335-7333
FAX: 715-623-6970