Register July 2008 No. 631
Chapter ATCP 140
AGRICULTURAL MARKETING ORDERS, MARKETING AGREEMENTS
AND MARKETING BOARDS
Subchapter I — Definitions
Subchapter II — Marketing Orders; Adoption, Amendment and Repeal
ATCP 140.10 Rulemaking proceedings.
ATCP 140.11 Decision to initiate proceedings.
ATCP 140.12 Refusal to initiate proceedings; denial of petition or request.
ATCP 140.13 Petition or request to initiate proceedings; requirements.
ATCP 140.14 Hearing draft proposal; format.
ATCP 140.15 List of affected producers or handlers; compilation prior to hearing.
ATCP 140.16 Hearing notices.
ATCP 140.18 Decision after hearing.
ATCP 140.20 Election of marketing board.
ATCP 140.21 Producer and handler assessments; rate adjustments.
Subchapter III — Marketing Agreements
ATCP 140.30 Adoption, amendment, and repeal.
ATCP 140.31 Marketing agreement provisions.
ATCP 140.32 Marketing agreement councils.
ATCP 140.33 Marketing agreement administration; fees.
ATCP 140.34 Records and audits.
ATCP 140.35 Suspension of marketing agreements.
Subchapter IV — Marketing Board Organization and Operation; Procedures
ATCP 140.40 Articles of incorporation and bylaws.
ATCP 140.41 Written operating procedures; general.
ATCP 140.42 Annual budget.
ATCP 140.43 Record of expenditures.
ATCP 140.44 Written contracts.
ATCP 140.45 Expenditure authorizations.
ATCP 140.46 Accounting systems; audits; reports.
ATCP 140.47 Prohibited expenditures and business practices.
ATCP 140.48 Administrative services provided by department.
ATCP 140.49 Marketing board meetings; records.
ATCP 140.50 Refund of assessments.
ATCP 140.51 Collecting assessments; reports by producers and handlers; audit of amounts due.
ATCP 140.52 Marketing board code of ethics.
ATCP 140.01
ATCP 140.01 Definitions. As used in this chapter:
ATCP 140.01(1)
(1) “Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
ATCP 140.01(1m)
(1m) “Electronic communication" means Internet, electronic mail, facsimile, or any other form or process of communication that does not directly involve the physical transfer of paper and that is suitable for the retention, retrieval and reproduction of information by the recipient.
ATCP 140.01(2)
(2) “Marketing agreement" means a marketing agreement created or proposed under
ch. 96, Stats.
ATCP 140.01(3)
(3) “Marketing board" means a marketing board created or proposed under
ch. 96, Stats.
ATCP 140.01(4)
(4) “Marketing order" means a marketing order created or proposed under
ch. 96, Stats.
ATCP 140.01(5)
(5) “Secretary" means the secretary of the department of agriculture, trade and consumer protection.
ATCP 140.01(6)
(6) “Sponsor" means a person submitting a request or petition for the adoption, amendment or repeal of a marketing order.
ATCP 140.01 History
History: Cr.
Register, November, 1985, No. 359, eff. 12-1-85;
CR 07-067: cr. (1m) Register July 2008 No. 631, eff. 8-1-08. ATCP 140.10
ATCP 140.10 Rulemaking proceedings. Proceedings to adopt, amend or repeal a marketing order shall be conducted as rulemaking proceedings under
ch. 227, Stats., except as otherwise provided in
ch. 96, Stats. Every proposal to adopt, amend or repeal a marketing order shall be prepared in the form of a proposed order of the department adopting, amending or repealing rules under
ch. 227, Stats.
ATCP 140.10 History
History: Cr.
Register, November, 1985, No. 359, eff. 12-1-85.
ATCP 140.11
ATCP 140.11 Decision to initiate proceedings. The secretary may, in consultation with the board of agriculture, trade and consumer protection, initiate proceedings to adopt, amend or repeal a marketing order. To initiate proceedings, the secretary shall hold a public hearing on the proposal, as provided under ss.
96.05 and
96.06, Stats., and this subchapter. The decision to initiate proceedings may be made in response to a petition under s.
96.05 (2), Stats., or on the secretary's own motion. A decision to proceed on the secretary's own motion may be made in response to a request by any person. A decision to initiate proceedings shall be made in writing, and set forth the basis for the decision. A decision to initiate proceedings may be withheld until the sponsors of a proposal have complied with any requirements established by the secretary under
s. ATCP 140.13.
ATCP 140.11 History
History: Cr.
Register, November, 1985, No. 359, eff. 12-1-85.
ATCP 140.12
ATCP 140.12 Refusal to initiate proceedings; denial of petition or request. ATCP 140.12(1)
(1) The secretary may deny a petition under s.
96.05 (2), Stats., if the secretary determines that the proposal does not effectuate the declared policy of
ch. 96, Stats., or exceeds the purposes or limitations of
ch. 96, Stats. The secretary's decision to deny a petition shall be made in consultation with the board of agriculture, trade and consumer protection. If a petition under s.
96.05 (2), Stats., is denied, the secretary shall publish notice setting forth the specific reasons for the denial, as provided in s.
96.05, Stats. If denied, the petition may not be reconsidered by the secretary for a period of one year from the date of notice of the denial.
ATCP 140.12(2)
(2) If a proposal to adopt, amend or repeal a marketing order is not received in the form of a petition under s.
96.05 (2), Stats., the proposal may be summarily denied by the secretary, with or without a written or published explanation. The denial of a proposal does not preclude the secretary from reconsidering the proposal within one year of the denial, except as provided under
sub. (1).
