96.07(1)(a)
(a) That the proposed issuance, amendment or termination is reasonably calculated to attain the objectives sought in the proposed marketing order or agreement.
96.07(1)(b)
(b) That the proposed issuance, amendment or termination is in conformity with this chapter.
96.07(1)(c)
(c) That the interests of consumers of such commodity are protected in that the powers of this chapter are being exercised only to the extent necessary to attain such objectives.
96.07(2)
(2) The secretary shall deliver or mail copies of the decision to the same parties to whom copies of the findings are required to be sent. If the final decision denies the proposal in its entirety, no further action shall be taken by the secretary.
96.07 History
History: 1981 c. 283 s.
11; Stats. 1981 s. 96.07.
96.08
96.08
Referendum and assent procedures. 96.08(1)
(1)
Marketing order; referendum. 96.08(1)(a)(a) Every proposal for the creation of a marketing order shall include a proposed voting requirement from
par. (b) to be used for the adoption of the proposal. The secretary shall receive testimony and evidence on the proposed voting requirement at the public hearing. The decision issued under
s. 96.07 shall state which voting requirement will be used for the adoption of the proposal and that requirement may be different from the one contained in the proposal.
96.08(1)(b)
(b) A marketing order may not become effective until the secretary finds that the needed voting requirement has been met. In determining whether the voting requirement under
subd. 2. or
4. has been met the secretary may not consider any votes cast using the bloc voting procedure under
sub. (3). One of the following voting requirements must be used. The secretary must find that a marketing order:
96.08(1)(b)1.
1. Is approved by producers on record with the department in a referendum conducted among producers directly affected by the marketing order. The producers directly affected shall be deemed to have approved a proposed order if 50% or more by number of producers on record with the department vote and if, of those voting, two-thirds or more by number who produce 50% or more of the volume of the affected commodity or 50% by number who produce two-thirds or more of the volume approve the proposed marketing order. Volume shall be determined on the basis of the quantity of the commodity produced in the last preceding marketing season.
96.08(1)(b)2.
2. Is approved in a referendum by 50% or more of the producers of the affected commodity who produced 50% or more of the volume in the last preceding marketing season.
96.08(1)(b)3.
3. Is approved by not less than 50% of the producers voting provided that 50% of the producers on the established list vote in the referendum.
96.08(1)(b)4.
4. Is approved by more than 50% of the affected producers voting in the referendum, provided that the marketing order provides for producer refunds.
96.08(1)(b)5.
5. Is approved in a referendum by 50% or more of the handlers on record with the department if the marketing order directly affects handlers.
96.08(1)(b)6.
6. Is approved in a referendum by 50% or more of the producers and 50% or more of the handlers on record with the department if the order directly affects producers and handlers.
96.08(1)(c)
(c) An amendment to, or the termination of, a marketing order may not become effective until the secretary finds that the same voting requirement is met that was used to adopt the order.
96.08(2)
(2) Marketing agreement; assent. 96.08(2)(a)(a) A marketing agreement may not become effective until the secretary finds that not less than 50% of the affected producers or handlers assent to the proposal.
96.08(2)(b)
(b) An amendment to, or the termination of, a marketing agreement may not become effective until the secretary finds that not less than 50% of the producers or handlers who assented to the marketing agreement, assent to the proposed amendment or termination.
96.08(3)
(3) Bloc voting and assent procedure. 96.08(3)(a)(a) In finding whether a marketing order is approved by referendum or a marketing agreement is assented to, the secretary shall consider the approval or disapproval of any agricultural cooperative marketing association, which is authorized by its members to cast a bloc vote or assent on behalf of its members as the approval or disapproval of the producers who are members of the agricultural cooperative marketing association, but any member of a cooperative may elect to vote or assent individually and be excluded from the bloc vote or assent by notifying the cooperative and the secretary in writing. At least 45 days prior to the commencement of a referendum or assent procedure, a cooperative that intends to cast a bloc vote or assent for its members shall notify its members of their right to vote or assent individually and be excluded from the bloc vote or assent, and it shall file with the department a list of its members for whom it is eligible to vote or assent. The secretary shall delete from the list the names of those producers who have filed notice of their intent to vote or assent individually. Notice by the cooperative to the department shall include a statement that it has complied with the notice requirements of this paragraph.
96.08(3)(b)
(b) A cooperative association engaged in the marketing of affected commodities as the agent of its members may cast a bloc vote or assent for its members, except that it shall exclude from its bloc vote or assent any of its members who are also member-patrons of another cooperative which intends to cast a bloc vote or assent for those members.
96.08 History
History: 1981 c. 283.
96.09
96.09
Marketing agreement council. 96.09(1)
(1) The secretary may provide for the establishment of a council to assist in the administration of a marketing agreement.
96.09(2)
(2) If the secretary establishes a marketing agreement council, its duties shall include, but not be limited to the following:
96.09(2)(a)
(a) To recommend to the secretary administrative rules relating to the marketing agreement.
96.09(2)(b)
(b) To receive and report to the secretary complaints of violations of the marketing agreement.
96.09(2)(c)
(c) To recommend to the secretary amendments to the marketing agreement.
96.09(2)(d)
(d) To advise the secretary in the collection of such information and data as the secretary deems necessary for the proper administration of the agreement.
96.09(2)(e)
(e) To recommend to the secretary methods by which administrative costs of a marketing agreement can be recovered.
96.09(3)
(3) A marketing agreement council is not a council under
s. 15.09 and shall be governed exclusively by this chapter and
s. 15.04 (1) (c).
96.09 History
History: 1981 c. 283.
96.10
96.10
Marketing boards. 96.10(1)(1)
Selection. Every marketing order issued pursuant to this chapter shall provide for the establishment of a marketing board. If the marketing order affects directly only producers of a particular commodity, the members of the board shall be producers. If the marketing order affects directly only handlers of a particular commodity, the members of the board shall be handlers. If the marketing order affects directly both producers and handlers of a particular commodity, the board shall be composed of both producers and handlers. Each marketing order shall prescribe the representation on the board of affected parties. Each marketing order shall also prescribe the number and term of office of board members, the time limits within which nominations for the election of board members are to be filed and elections held and the manner in which vacancies are filled. Board members may be elected for staggered terms as specified in the marketing order. Persons who will serve on the board shall be selected by the affected producers and handlers by secret ballot according to area, size or any other measure providing for fair representation, as determined by the secretary, from a list of persons whose nominations have been filed with the secretary. Notice of the secretary's decision under
s. 96.07, with respect to the issuance of a marketing order, shall contain a call for nominations and limit the time within which they can be filed. No marketing order may take effect until a marketing board has been elected. Nominations shall be signed by at least 5 persons qualified to vote for the candidates.
96.10(2)
(2) Duties. The duties of a marketing board shall include but not be limited to the following:
96.10(2)(a)
(a) To develop and recommend to the secretary administrative rules relating to the marketing order.
96.10(2)(b)
(b) To receive, evaluate and report to the secretary complaints of violations of the marketing order.
96.10(2)(c)
(c) To recommend to the producers and handlers directly affected by the marketing order or to the secretary amendments to the marketing order.
96.10(2)(d)
(d) To develop procedures for assessments and for the collection of funds to cover expenses incurred in carrying out the programs and the administration of the marketing order.
96.10(2)(e)
(e) To collect such information and data as necessary for the proper administration of the order.
96.10(2)(f)
(f) To determine how the funds collected under the order are to be allocated in accordance with this chapter and the provisions of the order.
96.10(2)(g)
(g) To prepare annually a report on the operation of the order for the previous marketing year.
96.10(3)
(3) Incorporation. A marketing board shall incorporate under
ch. 181 as a nonstock, nonmember corporation. The articles of incorporation shall be within the purposes and limitations of this chapter and the marketing order. The articles of incorporation and any amendment may not become effective until approved by the secretary. The secretary may not approve the articles of incorporation until the secretary finds that it contains procedures that are adequate to preserve the confidentiality of any information relating to the businesses of affected producers and handlers that is obtained under this chapter or the order. The marketing board shall adopt bylaws and amendments to the bylaws in consultation with the secretary.
96.10(4)
(4) Bonding. The marketing board shall maintain a bond on its officers and employes in an amount of not less than 50% of the annual operating budget of the order.
96.10(5)
(5) Administrative services. The marketing board may request the department to provide administrative services for the order. If requested, the department shall provide the services needed and the board shall reimburse the department for all of the costs incurred by the department in providing the services.
96.10(6)
(6) Nature of a marketing board. A marketing board elected under an order is not a board under
s. 15.07 and shall be governed exclusively by this chapter.
96.10 History
History: 1981 c. 283 ss.
19,
26; Stats. 1981 s. 96.10.
96.11(1)(1) Each marketing order issued under this chapter shall provide for the levying and collection of assessments in sufficient amounts to defray the expenses incurred by the marketing board for program operations and administration of the order. Each marketing order shall indicate the maximum rate of any such assessment which may be collected and the proportion, if any, payable by each producer or handler directly affected by the marketing order. The marketing board may recommend to the secretary the assessment rate necessary to provide sufficient funds to cover the marketing order budget. The marketing board shall determine when assessments become due and payable and the units upon which the assessment rate applies. All assessments collected are payable to the marketing board.
96.11(2)
(2) If the secretary finds that the marketing order budget or assessment rate exceeds the limitations of, or is contrary to, the declared purposes of this chapter or the marketing order, the secretary may disapprove the budget and any amendments to the budget, or assessment rate.
96.11 History
History: 1981 c. 283 ss.
22,
29,
30; Stats. 1981 s. 96.11.
96.12
96.12
Collection. To ensure the proper collection of assessments, the marketing board may require:
96.12(1)
(1) Any person subject to the assessment to give the board adequate assurance or security for its payment.
96.12(2)
(2) Every affected producer or handler subject to the assessment to deposit with the board in advance an amount not to exceed 25% of the estimated total annual assessment payable by the person. At the close of the marketing year the sum so deposited shall be adjusted to the total of such assessments payable by the person.
96.12(3)
(3) Handlers receiving the affected commodity to collect assessments from affected producers and remit such assessments to the marketing board. Lending agencies for commodity credit corporation loans to producers shall be deemed handlers for the purpose of this subsection. Handlers who are only collecting assessments from producers under this section are not considered affected handlers under the marketing order.
96.12 History
History: 1981 c. 283 s.
31; Stats. 1981 s. 96.12.
96.13(1)(1) Assessments collected by the marketing board under any marketing order or as an advance deposit against the assessment shall be used by the marketing board only for the purpose of carrying out the purposes and provisions of the order, including the administrative costs.
96.13(2)
(2) A marketing order may contain a provision granting producers who have paid an assessment under the order, and who do not favor the program developed under the order, the right to receive a refund of assessments paid upon submission of proof satisfactory to the marketing board that the assessment for which a refund is requested has been paid. Claims for producer refunds must be submitted on forms prescribed by the board and filed with the board within 90 days after the date the assessment became due and payable. All claims shall be audited and paid by the board within 60 days after receipt of the claim, or within such other reasonable period of time as may be necessary to determine the validity of the claim.
96.13(3)
(3) Upon termination of any marketing order, any and all moneys remaining with the marketing board and not required to defray expenses or repay obligations incurred shall be returned to the affected producers or handlers in proportion to the assessments paid by each in the 2-year period preceding the date of the termination order. If the marketing board and the secretary find that the returnable amounts are so small that the computation and return of the remaining funds is impractical, the board may use the remaining funds to further any of the basic purposes or objectives of the terminated marketing order.
96.13 History
History: 1981 c. 283 ss.
25,
33; Stats. 1981 s. 96.13.
96.14
96.14
Reports and accounting procedures. 96.14(1)
(1) The secretary or a marketing board may require handlers and producers of agricultural commodities to file such information and reports as may be reasonably necessary to assist in carrying out the functions under this chapter.
96.14(2)
(2) All assessments, appropriations and administrative costs for any marketing order or agreement created under this chapter shall be recorded, prepared and audited in accordance with generally accepted accounting principles.
96.14 History
History: 1981 c. 283 ss.
20,
21,
27; Stats. 1981 s. 96.14.
96.15
96.15
Rules. The secretary may, in consultation with the appropriate marketing board or council, issue such rules as necessary to facilitate the administration and enforcement of this chapter.
96.15 History
History: 1981 c. 283 s.
23; Stats. 1981 s. 96.15.
96.16
96.16
Application of funds. A marketing board may invest all assessments, gifts or grants that are collected or received by the board under a marketing order after consulting with the secretary. The board may not use funds received, collected or accrued under a marketing order for any purpose other than program operations and administration of the order. No such funds may be used for any other marketing order or to influence either state or federal legislation or rule making except rule making directly related to the order.
96.16 History
History: 1981 c. 283 s.
32;
1987 a. 252.
96.17
96.17
Nonpayment and enforcement. 96.17(1)
(1) Any due and payable assessment levied under a marketing order and every sum due under either a marketing order or agreement in a specified amount shall constitute a personal debt of every person so assessed or who is otherwise liable and the same sum shall be due and payable to the secretary or the marketing board according to the terms and conditions of the marketing order or agreement. In the event any person fails to pay the full amount of such assessment or such other sum on or before the due date, the secretary may add to such unpaid assessment or sum an amount not exceeding 10% of the amount due to defray the cost of enforcing collection. In the event any person fails to pay any due and payable assessment or sum, the secretary may bring a civil action against such person for collection, together with the above specified 10%.
96.17(2)
(2) A person who violates a marketing order or agreement shall forfeit not less than $100 nor more than $500 for the first offense, and not less than $200 nor more than $1,000 for a subsequent offense. Each day of violation constitutes a separate offense.
96.17(3)
(3) A person who intentionally violates a marketing order or agreement shall be fined not more than $10,000 or imprisoned not more than 9 months or both.
96.17(4)
(4) Actions of a marketing board which exceed the articles of incorporation or violate the bylaws adopted by the board constitute violations of the order and the board members are individually subject to the penalties under
subs. (2) and
(3).
96.17(5)
(5) The secretary may apply to a circuit court for an injunction to restrain any person from violating this chapter or a marketing order or agreement under this chapter.
96.17(6)
(6) If a handler is not a resident or is not authorized to do business in this state, the handler may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The designation shall be in writing and filed with the department of financial institutions. If no designation is made and filed or if process cannot be served in this state upon the designated agent, after reasonable effort, process may be served upon the department of financial institutions.
96.17 History
History: 1981 c. 283 ss.
34 to
36; Stats. 1981 s. 96.17;
1995 a. 27.
96.18
96.18
Price fixing. Nothing contained in this chapter shall permit fixing of prices not otherwise permitted by law except as permitted under
s. 96.04.
96.18 History
History: 1973 c. 311;
1981 c. 283 s.
43; Stats. 1981 s. 96.18.
96.19
96.19
Restraint of trade. In any civil or criminal action or proceeding for violation of any rule of statutory or common law against monopolies or combinations in restraint of trade, proof that the act complained of was done in compliance with this chapter or a marketing order or agreement issued under this chapter and in furtherance of the purposes and provisions of this chapter shall be a complete defense to such action or proceeding.
96.19 History
History: 1981 c. 283 s.
42; Stats. 1981 s. 96.19.
96.20
96.20
Public record. 96.20(1)(1) Each referendum shall be conducted by secret ballot, and the ballots and results shall be a matter of public record and open to inspection.
96.20(2)
(2) All assents filed with the department for the approval of a marketing agreement, an amendment or the termination of an agreement are a matter of public record and open to inspection.
96.20(3)
(3) All contracts made by a marketing board are a matter of public record and open to inspection.
96.20(4)
(4) All annual reports on an order's operation issued by a marketing board are a matter of public record and open to inspection.
96.20(5)
(5) All information relating to the businesses of producers and handlers that is obtained under this chapter is not a public record and is not available for inspection.
96.20 History
History: 1981 c. 283 ss.
16,
39.
