Related Rules or Statutes
Chapter ATCP 140 is the overarching rule applicable to each of the individual marketing orders. Chapters ATCP 141 through 148 are the marketing orders with ATCP 141 being the marketing order for cherries. Plain Language Analysis
DATCP administers Wisconsin’s agricultural marketing law which authorizes the creation of marketing orders for agricultural commodities. Each marketing order board collects assessments from producers of the applicable commodity. The assessments may be expended by the board for promotion, research or consumer education of the commodity. The provisions of Ch. 96, Stats., and Ch. ATCP 140 Wis. Adm. Code and the applicable marketing order (Chs. ATCP 141 to 148) govern the organization of each of the seven marketing order boards, the election of marketing board members, the assessment of producers and the use of assessments. In recent years, the number of cherry growers has decreased so that currently there are 33 growers. The number of growers in each district has also changed. With the number of growers down to 33, it became difficult to consistently elect 7 members willing to serve on the Board. The Board requested the proposed amendment in order to have representation appropriate to the size of the industry. The Board also requested that the elections be at large rather than by district so that the representation would remain equitable regardless of changes to the location of producers.
In order to make any change to a marketing order, in addition to conducting the traditional rulemaking process, the change must be approved at a referendum of the producers of the affected commodity.
Rule Content
This rule changes the cherry marketing board from a 7 member board, with two districts each represented by 3 board members plus one at large member, to a 5 member board.
Summary of, and Comparison with Existing or Proposed Federal Statutes and Regulations
Federal Programs
There is a federal marketing order for cherries under which assessments are collected in a manner similar to the state cherry marketing order. The state and federal marketing orders are operated cooperatively to effectively use the assessments for the benefit of cherry growers.
Surrounding State Programs
Michigan is the only one of the surrounding states that has a cherry marketing order. There is a Cherry Marketing Committee in Michigan made up of between 5 and 13 committee members. The Michigan Marketing Committee has duties and powers that are very similar to the Wisconsin cherry Marketing Board.
Data and Analytical Methodologies
DATCP worked with representatives of the Wisconsin cherry industry to determine the changes proposed in this rule.
Analysis and Supporting Documents used to Determine Effect on Small Business
DATCP worked with representatives of the Wisconsin cherry industry determine the effect of the proposed rule on small businesses.
Effect on Small Business
This rule will have no direct impact on small businesses. The reduction of board membership plus the elimination of election districts will reduce the cost of administering elections.
DATCP Contact
Stacie Ashby
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5116
Where and When comments May Be Submitted
Questions and comments related to this rule may be directed to:
Stacie Ashby
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5116
Comments must be received no later than two weeks after the administrative hearing DATCP will hold on this proposed rule. A date and location for the administrative hearing has yet to be determined and will be published in the in the Wisconsin Administrative Register at least 10 days prior to the date of the hearing.
SECTION 1. ATCP 141.01 (5) and 141.03 are repealed.
SECTION 2. ATCP 141.04 (1) (a) is renumbered 141.04 (1) and amended to read:
ATCP 141.04 (1) A cherry marketing board consisting of 7 5 affected producers, 3 from each district and one member at large, is established to administer this order. Board members shall be elected producers. Board member shall be affected producers in the district they are elected to represent. The board member at large shall be an affected producer from either district. Board members shall be nominated and elected as prescribed in s. 96.10 (1), Stats. Notice of the secretary’s decision for issuance of this marketing order shall contain a call for nominations for election of board members to initial terms of office. Nominations shall be filed not earlier than 58 days and not later than 75 days after the secretary’s call for nominations, and the election held within 60 days after approval of the marketing order by referendum. A call for nominations of affected producers for subsequent election to an expired term of office on the marketing board shall be made by the board not later than 60 days before the term of office expires. Elections to fill expired terms of office shall be held within the 60-day period preceding expiration of the terms of office. If no nominations are made by affected producers within the times specified, the secretary or marketing board may extend the time period within which nominations may be filed. SECTION 3. ATCP 141.04 (1) (b) is repealed.
SECTION 4. ATCP 141.04 (2) (a) and (d) are amended to read:
ATCP 141.04 (2) (a) The board is reconstituted as of the first election following (date inserted by the Legislative Reference Bureau). For the initial terms of marketing board members on the reconstituted board, the board member members receiving the highest and second highest number of votes in each district shall hold office for a period of 3 years, the board member members receiving the second third and fourth highest number of votes in each district and the board member at large shall hold office for a period of 2 years, and the board member receiving the lowest fifth highest number of votes in each district shall hold office for a period of one year.
(d) If a vacancy occurs for any reason, the marketing board shall appoint an affected producer to serve the remainder of the term of office. The successor shall be from the same district from which the vacancy occurs, except the successor to the member at large may be any affected producer.
SECTION 5. EFFECTIVE DATE. This rule takes effect on the first day of the month following publication in the Wisconsin administrative register, as provided in s. 227.22 (2) (intro.), Stats.
