Rule-Making Notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on proposed amendments to Chapter
ATCP 149, Wis. Adm. Code, relating to the Potato Marketing Order.
Hearing Information
Antigo
Tuesday, April 14, 2009
1:00 p.m. to 2:30 p.m.
Langlade County, UW Extension Office
837 Clermont Street
Antigo, WI 54409
Stevens Point
Wednesday, April 15, 2009
1:00 p.m. – 2:30 p.m.
Portage County, UW Extension
County Annex Building, Rm 2
1462 Strongs Avenue
Stevens Point, WI 54481
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by April 8, 2009, by writing to Noel Favia, Division of Agricultural Development, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-5140. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Appearances at the Hearing and Submission of Written Comments
DATCP will hold two public hearings at the times and places shown above. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Thursday, April 30, 2009, for additional written comments. Comments may be sent to the Division of Agricultural Development at the address below or by e-mail to
noel.favia@wisconsin.gov.
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to
Keeley.Moll@wi.gov or by telephone at (608) 224-5039.
Copies of Proposed Rule
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Development, Marketing Order Program, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-5140 or emailing
noel.favia@wi.gov.
Copies will also be available at the hearings. To view the proposed rule online, go to:
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (DATCP) has adopted a potato marketing order (ch.
149, Wis. Adm Code), pursuant to ch.
96, Stats. (Wisconsin agricultural marketing act). A potato industry board, elected by potato producers, administers the marketing order. The potato industry board collects assessments from potato producers, and spends assessment revenues for potato market development, research and education.
This rule changes the election and membership of the potato industry board, and authorizes the board to charge higher assessments to potato producers. This rule must be approved in a referendum of affected producers, as provided in s.
96.08 (1) (b) 3., Stats., before it can take effect.
Statutes interpreted
Statutory authority
Explanation of agency authority
DATCP has general authority, under s.
93.07(1), Stats., to adopt rules interpreting statutes under its jurisdiction. DATCP is specifically authorized, under s.
96.15, Stats., to adopt rules to administer the marketing order program under ch.
96, Stats.
Related statutes and rules
DATCP has adopted general rules under ch.
ATCP 140, Wis. Adm. Code, to govern the creation and operation of marketing orders, including the operation of marketing boards.
Background
DATCP administers Wisconsin's agricultural marketing order program under ch.
96, Stats. DATCP may adopt marketing orders for Wisconsin agricultural commodities, with the approval of affected commodity producers. DATCP has adopted marketing orders for cherries, cranberries, corn, milk, mint, soybeans, ginseng and potatoes.
Each marketing order, including the potato marketing order, provides for assessments on commodity producers. Affected producers elect a marketing board that establishes assessment levels within limits specified by the marketing order, and spends assessment revenues for purposes identified in the marketing order. The current potato industry board (potato marketing board) includes 10 members elected from 5 geographic districts for staggered 3-year terms. DATCP monitors marketing board activities for compliance with applicable law, including the marketing order.
Under the current potato marketing order, the potato industry board is authorized to collect potato marketing assessments of up to 6 cents per hundredweight. The board has implemented an actual assessment rate of 5 cents per hundredweight – one cent per hundredweight below the maximum assessment currently allowed. Assessments may be used to finance market development, research and education, subject to the terms of the marketing order.
DATCP has adopted general rules under ch.
ATCP 140, Wis. Adm. Code, to govern the operation of marketing orders and marketing boards. DATCP must adopt marketing orders as rules. Affected producers must approve (by referendum) the adoption, amendment or repeal of a marketing order.
Summary of rule
This rule modifies the current potato marketing order (ATCP 149) to do all of the following:
•
Increase the maximum assessment that the potato industry board is authorized to charge to producers. This rule changes the maximum assessment rate from 6 cents to 10 cents per hundredweight on potatoes sold into commercial channels.
•
Change the election and membership of the potato industry board. This rule reduces the number of election districts from 5 to 3, and reduces the number of board members from 10 to 9. Eight of the 9 members of the modified board will be elected by producers from districts identified in this rule, and one board member will be chosen by all potato producers in a statewide “at large" election. Under this rule, all board members will be elected for 3-year terms.
•
Provide for a gradual changeover to the new board membership. Current board members will continue to hold office until their current terms expire.
Under this rule, potato industry board election districts will be as follows:
•
District 1 will be represented by 3 board members and will include Ashland, Barron, Bayfield, Brown, Burnett, Chippewa, Clark, Door, Douglas, Dunn, Eau Claire, Florence, Forest, Iron, Kewaunee, Langlade, Lincoln, Marinette, Menominee, Oconto, Oneida, Pepin, Pierce, Polk, Price, Rusk, Sawyer, St. Croix, Taylor, Vilas, and Washburn counties.
•
District 2 will be represented by 3 board members and will include Marathon, Outagamie, Portage, Shawano, Waupaca and Waushara counties.
•
District 3 will be represented by 2 board members and will include Adams, Buffalo, Calumet, Columbia, Crawford, Dane, Dodge, Fond du Lac, Grant, Green, Green Lake, Iowa, Jackson, Jefferson, Juneau, Kenosha, LaCrosse, Lafayette, Manitowoc, Marquette, Milwaukee, Monroe, Ozaukee, Racine, Richland, Rock, Sauk, Sheboygan, Trempealeau, Vernon, Walworth, Washington, Waukesha, Winnebago and Wood counties.
The changes to the current election districts, and the election of one “at large" representative, will address changes in the geographic distribution of potato production in the state. The increase in the maximum authorized marketing order assessment will facilitate additional funding for market development and research, including University of Wisconsin research related to new potato varieties and pesticide and chemical management.
Comparison with federal regulations
The United States department of agriculture (USDA) administers an agricultural marketing order program, under which USDA has broad authority to regulate prices and production, as well as to charge assessments for market development, promotion, research and education. USDA has adopted marketing orders for some of the same commodities covered by Wisconsin marketing orders (including potatoes). However, the state marketing orders do not directly duplicate or conflict with the federal marketing orders.
Comparison with rules in adjacent states
Michigan and Minnesota have marketing assessments for potatoes produced within those states. Minnesota's current assessment is 3 cents per hundredweight and Michigan's assessment is 5 cents per hundredweight (the same as Wisconsin's current assessment).
Factual data and analytical methods
DATCP keeps an updated list of potato producers for the purpose of determining eligible voters in marketing order referenda and marketing board elections. Changes in that list reflect significant changes in the geographic distribution of potato producers in the state. DATCP has worked with affected producers and the potato marketing board to obtain information related to assessment revenues and revenue needs.
Small Business Impact
Summary
The current potato marketing order is designed to improve the production and marketing of potatoes in this state, for the benefit of potato producers. This rule, initiated at the request of potato producers, is intended to improve the current potato marketing order. This rule must be approved in a referendum of affected producers before it can take effect. Many of the affected producers are “small businesses."
This rule will change the composition and election of the current potato industry board. The changes reflect changes in the geographic distribution of the Wisconsin potato industry. The changes will have little, if any, impact on affected producers.
