AGRICULTURAL MARKETING ACT
Agricultural marketing act; definitions.
Marketing orders and agreements; creation, amendments and termination.
Referendum and assent procedures.
Marketing agreement council.
Reports and accounting procedures.
Application of funds.
Nonpayment and enforcement.
Restraint of trade.
Ch. 96 Cross-reference
See definitions in s. 93.01
Agricultural marketing act; definitions.
As used in this chapter:
"Affected commodity" means any agricultural commodity for which the production, marketing, processing, handling, sale or distribution of is included under the terms of a marketing order or marketing agreement or a proposed marketing order or marketing agreement.
"Affected producer or handler" means any producer or handler of an affected commodity, except that it does not include a producer or handler not assenting to a marketing agreement.
"Agricultural commodity" means any agricultural, horticultural (excepting floricultural), viticultural, vegetable, poultry, and livestock products produced in this state, including milk and milk products, bees and honey, or any class, variety or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product or by a processor, but not including timber and wood products.
"Assent" means a signed statement of affected producers or handlers consenting to the terms of a marketing agreement.
"Handler" means any person engaged in the business of distributing or placing an agricultural commodity in commercial channels, or any person engaged in the business of processing an agricultural commodity.
"Marketing agreement" means an agreement entered into by the secretary under this chapter.
"Marketing order" means an order issued by the secretary under this chapter.
"Member-patron" means a person who is a member of a cooperative under ch. 185
and whose products are marketed through that cooperative.
"Producer" means any person engaged in the business of producing or causing to be produced for market in commercial quantities any agricultural commodity.
"Referendum" means any voting procedure under which affected producers or handlers may, by secret ballot, vote for or against the issuance, amendment or termination of a marketing order.
"Vote" means to cast a ballot in a referendum or an election.
It is declared to be the policy of this state to promote orderly and efficient marketing of agricultural commodities and to prevent economic waste of the agricultural wealth of this state. Unfair methods of competition, lack of uniform grading and classification of agricultural commodities, and the inability of individual producers to obtain present markets or to develop new or larger markets for Wisconsin agricultural commodities result in disorderly marketing of such commodities. As a result agricultural producers are prevented from receiving a fair return for the products which they market. Such conditions jeopardize the continued production of an adequate food supply for this and other states, and may result in unemployment with its attendant burdens on the citizens of this state. The production, processing and marketing of agricultural commodities within this state is hereby declared to be affected with a public interest and this chapter is enacted for the purpose of protecting the health, peace, safety and general welfare of the people of this state.
Marketing orders. 96.03(1)(1)
A marketing order is applicable to all producers and handlers included under the terms of the order.
A marketing order issued under this chapter may contain any of the following:
Provisions for market research and development programs to maintain present markets or to create new or additional markets for affected agricultural commodities produced in this state. Any such programs must be directed toward increasing the sale of the affected commodity without reference to a particular brand or trade name. No market development program may be funded under a marketing order which makes use of false or unwarranted claims on behalf of an affected commodity or disparages the quality, value, sale or use of any other agricultural commodity.
Provisions for funding research studies to improve production, processing or distribution of an affected commodity.
Provisions for educational programs designed to inform producers, handlers or other interested persons about quality improvement and nutritional value of the affected commodity, or about practices, procedures and methods used in the production, processing and marketing of the affected commodity.
Provisions for the development and funding of programs, jointly or cooperatively with public or private organizations, to carry out the purposes of a marketing order.
Provisions that establish a minimum volume or other standard for affected producers. The order may define the area of the state to be covered by the order, which may be all or any portion of the state, and it may provide that its provisions apply to all of the affected commodity produced or marketed within that area regardless of where sold or processed.
History: 1981 c. 283
Marketing agreement. 96.04(1)(1)
A marketing agreement is applicable only to producers and handlers who assent to the agreement.
A marketing agreement entered into under this chapter may contain any of the following:
Provisions for the adoption of grading and other uniform standards of identity for an affected commodity, which may include condition, size or maturity or any other specified quality.
Provisions for uniform grading and inspection, or for minimum standards, of an affected commodity that is marketed in regular trade channels, except that any standard established may not be below any other minimum standard prescribed by law.
Provisions relating to the correction or prohibition of trade practices which are found to be unfair under s. 100.20
Provisions that establish a minimum volume or other standard for affected producers. The agreement may define the area of the state to be covered by the agreement, which may be all or any portion of the state, and it may provide that its provisions apply to all of the affected commodity produced or marketed within that area regardless of where sold or processed.
Provisions establishing minimum prices at which the affected commodity may be purchased from producers in the area. Different minimum prices may be established for various areas in the state. Provision for the automatic adjustment of minimum prices according to predetermined conditions may be included. No marketing agreement containing a provision establishing minimum prices may conflict with, or be more restrictive than, any other marketing order or agreement under state or federal law. In establishing minimum prices for an affected commodity purchased from producers, all of the following economic factors shall be taken into consideration:
The differing methods by which the affected commodity is produced, processed and transported.
Estimated costs of production and transportation, including a reasonable return on management.