Wisconsin Legislature: ATCP 148.04(5)(b)

ATCP 148.03 Voting requirements; creation, amendment or termination.

ATCP 148.04 Marketing board.

ATCP 148.05 Applicability of marketing order.

ATCP 148.07 Records; inspection; reports.

Ch. ATCP 148 NoteNote: Chapter Ag 148 was renumbered chapter ATCP 148 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

ATCP 148.01ATCP 148.01 Definitions. As used in this chapter:

ATCP 148.01(1)(1) “Affected producer” means an individual, partnership, corporation or other business entity in Wisconsin engaged in the production of ginseng.

ATCP 148.01(2)(2) “Ginseng” or “cultivated ginseng” means the dry roots, live roots, tissue culture or seeds produced from any cultivated variety of Panax quinquefolium L.

ATCP 148.01(3)(3) “Handler” means any person, including a dealer, agent, or producer, who buys ginseng from an affected producer for resale into commercial channels.

ATCP 148.01(4)(4) “Marketing board” means a ch. 181, Stats., non-stock corporation which consists of affected producers who are elected to serve as board members, and which is responsible for administering the ginseng marketing order pursuant to ch. 96, Stats., ch. ATCP 140, and this chapter.

ATCP 148.01(5)(5) “Secretary” means the secretary of the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 148.01 HistoryHistory: Cr. Register, June, 1986, No. 366, eff. 7-1-86; CR 07-067: am. (1) Register July 2008 No. 630, eff. 8-1-08.

ATCP 148.02ATCP 148.02 Purpose.

ATCP 148.02(1)(1) The primary objectives of this marketing order are to improve the quality and expand sales of ginseng. This includes maintaining experimental gardens or programs for conducting research on root quality problems, pesticide applications and pesticide labeling; conducting consumer nutrition and health research related to ginseng consumption; improving methods and practices related to the marketing of ginseng; developing new markets for ginseng and ginseng products; and providing educational programs for producers, handlers and consumers.

ATCP 148.02(2)(2) Funds collected under this order may be used by the marketing board to meet one or more of the objectives described under sub. (1). Funds may be used by the marketing board to sponsor projects in cooperation with any private or public organization to meet the objectives of this order.

ATCP 148.02 HistoryHistory: Cr. Register, June, 1986, No. 366, eff. 7-1-86.

ATCP 148.03ATCP 148.03 Voting requirements; creation, amendment or termination. This chapter shall not be adopted, amended or repealed until the secretary finds that the proposed adoption, amendment or repeal has been approved by not less than 50% of the producers voting in a referendum, and that at least 50% of the eligible producers have voted in the referendum.

ATCP 148.03 HistoryHistory: Cr. Register, June, 1986, No. 366, eff. 7-1-86.

ATCP 148.04ATCP 148.04 Marketing board.

ATCP 148.04(1)(1) Membership; initial election. A ginseng marketing board consisting of 7 producers is established to administer this order. Board members shall be nominated and elected as prescribed in s. 96.10 (1), Stats., and s. ATCP 140.20. Board members shall be elected on an at large basis, by vote of eligible affected producers. In the initial election, the 7 nominees receiving the highest number of at large votes shall be elected as marketing board members for staggered terms, as provided in sub. (2).

ATCP 148.04(2)(2) Term of office. For the initial election of marketing board members, the 2 board members receiving the highest number of votes shall hold office for a period of 3 years. The 3 board members receiving the third, fourth and fifth highest number of votes shall hold office for a period of 2 years. The 2 board members receiving the sixth and seventh highest number of votes shall hold office for a period of one year. All subsequent elections to the marketing board shall be for 3-year terms.

ATCP 148.04(3)(3) Subsequent elections. Not later than 90 days prior to the expiration of a marketing board member’s term of office, the marketing board shall issue a call for nominations for the election of the succeeding marketing board member. Nominations shall be filed not later than 60 days before the marketing board member’s term of office expires. The election of a succeeding marketing board member shall be held prior to the expiration of a marketing board member’s term of office. If no nominations are made by producers within the time specified in a call for nominations, the secretary or marketing board may extend the time period within which nominations may be filed.

ATCP 148.04(4)(4) Eligibility to hold office; appointments to fill vacancies. A marketing board member is no longer eligible to continue in office if, at any time during his or her term in office, the marketing board member ceases to be an affected producer. If a marketing board member ceases to be an affected producer, his or her position on the marketing board becomes vacant. If a vacancy occurs on the marketing board for any reason, the marketing board shall appoint an affected producer to serve the remainder of the unexpired term of office.

ATCP 148.04(5)(5) Duties. The duties of the marketing board shall include the following:

ATCP 148.04(5)(a)(a) To adopt bylaws consistent with the articles of incorporation, ch. 96, Stats., and this order.

ATCP 148.04(5)(b)(b) To develop and maintain administrative services necessary for proper administration of this order.

ATCP 148.04(5)(c)(c) To protect the confidentiality of information obtained under this order relating to the businesses of individual producers or handlers.

ATCP 148.04(5)(d)(d) To develop and recommend to the secretary administrative rules related to this order.

ATCP 148.04(5)(e)(e) To receive, evaluate and report to the secretary complaints of violations of this order.

ATCP 148.04(5)(f)(f) To develop procedures for collecting assessments used in funding programs and the administration of this order.

ATCP 148.04(5)(g)(g) To collect information and data only as necessary for proper administration of this order.

ATCP 148.04(5)(h)(h) To determine how funds collected under the marketing order are to be allocated.

ATCP 148.04(5)(i)(i) To annually prepare a statement on operations of this order for the previous marketing year, including an audited financial statement prepared independently.

ATCP 148.04(5)(j)(j) To maintain a bond on its officers and employees in an amount of not less than 50% of the annual operating budget of this order.

ATCP 148.04(5)(k)(k) To comply with all applicable provisions of ch. 96, Stats., and ch. ATCP 140.

ATCP 148.04 HistoryHistory: Cr. Register, June, 1986, No. 366, eff. 7-1-86.

ATCP 148.05ATCP 148.05 Applicability of marketing order. This chapter applies to all ginseng produced in the state and sold into commercial channels, except for sales of ginseng seed and tissue culture by a producer directly to any person, where the seed and tissue culture are to be used only for planting the buyer’s own ginseng gardens.

ATCP 148.05 HistoryHistory: Cr. Register, June, 1986, No. 366, eff. 7-1-86.

ATCP 148.06ATCP 148.06 Assessments.

ATCP 148.06(1)(1) An affected producer shall pay, for each calendar year, an annual assessment for each acre of land that the producer has in ginseng production at any time during that calendar year. The ginseng board shall annually determine and publish the assessment rate per acre, which may not exceed $150 per acre. The assessment for any fraction of an acre shall be proportionate to the assessment per acre. The ginseng board may require affected producers to report acreage in ginseng production, and may use aerial photography or other reliable methods to verify reported acreage.

ATCP 148.06(4)(4) Assessments due to the marketing board for each calendar year shall be payable to the board on or before each April 1 of the next succeeding calendar year.

ATCP 148.06(5)(5) Prior to March 1, 2009 and each year thereafter, the ginseng board shall determine the assessment amount owed by each affected producer under sub. (1) for the last completed calendar year, and shall issue to each producer a written notice showing the assessment amount owed by that producer. The assessment is due and payable when the producer receives the notice from the ginseng board. The ginseng board shall determine and record assessments in a manner that protects the confidentiality of producer information.

ATCP 148.06 HistoryHistory: Cr. Register, June, 1986, No. 366, eff. 7-1-86; CR 07-067: r. and recr. (1) and (5), r. (2) and (3) Register July 2008 No. 631, eff. 8-1-08.

ATCP 148.07ATCP 148.07 Records; inspection; reports.

ATCP 148.07(1)(1) Each affected producer shall maintain accurate records of all ginseng production and sales to handlers. Each handler shall maintain accurate records and accounts of all ginseng purchased from affected producers by the handler. The secretary may require an affected producer or handler to make records available for inspection and copying by the department, or may require a producer or handler to file reports with the department, if the secretary determines that the inspection or filing is necessary to ensure compliance with this chapter. No information related to the individual businesses of producers and handlers may be disclosed to the public or marketing board members, except as otherwise provided under s. 94.50, Stats.

ATCP 148.07(2)(2) The secretary may require the marketing board to provide information necessary for enforcement of ch. 96, Stats., or this order.

ATCP 148.07 HistoryHistory: Cr. Register, June, 1986, No. 366, eff. 7-1-86.

ATCP 148.08ATCP 148.08 Violations. Any person who violates a provision of this order is subject to the penalties provided in s. 96.17, Stats.

ATCP 148.08 HistoryHistory: Cr. Register, June, 1986, No. 366, eff. 7-1-86.