Chapter ATCP 142

ATCP 142.03(2) (2) Term of office; removal; vacancies.

ATCP 142.03(2)(a) (a) For the initial election of marketing board members, the 3 board members receiving the highest number of votes shall hold office for a period of 3 years, the 2 board members receiving the fourth and fifth highest number of votes shall hold office for a period of 2 years, and the 2 board members receiving the lowest number of votes shall hold office for a period of one year.

ATCP 142.03(2)(b) (b) All subsequent elections to the marketing board shall be for 3-year terms.

ATCP 142.03(2)(c) (c) Each member of the marketing board shall continue to be an affected producer during the term of office. Failure of a board member to continue as an affected producer shall create a vacancy on the marketing board.

ATCP 142.03(2)(d) (d) If a vacancy occurs for any reason, the marketing board shall appoint an affected producer to serve the remainder of the unexpired term of office.

ATCP 142.03(3) (3) Duties. The duties of the marketing board shall include the following:

ATCP 142.03(3)(a) (a) To adopt bylaws consistent with the articles of incorporation, ch. 96, Stats., and this order.

ATCP 142.03(3)(b) (b) To develop and maintain administrative services necessary for proper administration of this order.

ATCP 142.03(3)(c) (c) To protect the confidentiality of information obtained under this order relating to the businesses of individual producers or handlers.

ATCP 142.03(3)(d) (d) To develop and recommend to the secretary administrative rules related to this order.

ATCP 142.03(3)(e) (e) To receive, evaluate, and report to the secretary complaints of violations of this order.

ATCP 142.03(3)(f) (f) To recommend to producers or to the secretary amendments to this order.

ATCP 142.03(3)(g) (g) To develop procedures for collecting assessments used in funding programs and the administration of this order.

ATCP 142.03(3)(h) (h) To collect information and data only as necessary for proper administration of this order.

ATCP 142.03(3)(i) (i) To determine how funds collected under the marketing order are to be allocated.

ATCP 142.03(3)(j) (j) To annually prepare a statement on operations of this order for the previous marketing year, including an audited financial statement prepared independently or by the secretary.

ATCP 142.03(3)(k) (k) 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 142.03 History History: Cr. Register, August, 1983, No. 332, eff. 9-1-83; correction in (1) (b) under s. 35.17, Stats. Register May 2015 No. 713.

ATCP 142.04 ATCP 142.04 Applicability of order. This order shall be applicable to all cranberries produced in Wisconsin and sold for processing or directly to consumers.

ATCP 142.04 History History: Cr. Register, August, 1983, No. 332, eff. 9-1-83.

ATCP 142.05 ATCP 142.05 Assessments.

ATCP 142.05(1) (1) Each producer for the first crop year for which the marketing order is effective shall be liable for an assessment of 5 cents ($0.05) per barrel on all cranberries produced during the crop year. Thereafter, the marketing order board shall annually determine the rate of assessment to be levied and collected, but in no event shall it exceed 15 cents ($0.15) per barrel on all cranberries produced in 2015 and 2016, 20 cents ($0.20) per barrel on all cranberries produced in 2017 and 2018 and 25 cents ($0.25) on all cranberries produced during 2019 and thereafter. Number of barrels shall be determined on the basis of acreage and yields, scale tickets, invoices, bills of lading, or other sales or shipping documents, or any combination of the above.

ATCP 142.05(2) (2) When cranberries are sold by producers to handlers, assessments shall be deducted or collected by handlers from amounts due producers and shall become due to the marketing board at the time title to the cranberries is transferred from producers to handlers.

ATCP 142.05(3) (3) When cranberries are sold by producers to non-resident handlers, producers shall be deemed to be producer-handlers, as defined in s. ATCP 142.01 (7), acting on their own behalf, and assessments shall be due to the marketing board at the time title to the cranberries is taken by the nonresident handler.

ATCP 142.05(4) (4) When cranberries are sold by producers directly to consumers without previously being processed, producers shall be deemed to be handlers acting on their own behalf and assessments shall be due to the marketing board at the time the cranberries are sold to consumers.

ATCP 142.05(5) (5) Assessments due to the marketing board shall be payable to the board on or before February 1 of the year after the cranberries are harvested.

ATCP 142.05(6) (6) The marketing board, or the secretary, shall have the authority to audit financial and other records of handlers, producers, or their agents to ensure compliance with this section.

ATCP 142.05 History History: Cr. Register, August, 1983, No. 332, eff. 9-1-83; CR 14-042: am. (1) Register May 2015 No. 713, eff. 6-1-15; correction in (1) under s. 35.17, Stats. Register May 2015 No. 713.

ATCP 142.06 ATCP 142.06 Reports.

ATCP 142.06(1) (1) Each producer shall maintain accurate records of all cranberry production. Producer records shall include, but may not be limited to, quantity and disposition of cranberry production. Each handler shall maintain accurate records and accounts of all cranberries purchased from producers or processed by the handler. Handler records shall include, but may not be limited to, names and addresses of each producer from whom cranberries were purchased, the quantity of cranberries processed, and the dates title to the cranberries was taken and payments made or received. Each handler, producer, and producer-handler shall maintain and submit reports to the marketing board as the secretary or the marketing board may require as often as necessary to ensure compliance with this order and proper collection of assessments.

ATCP 142.06(2) (2) The secretary may require the marketing board to provide information necessary for enforcement of ch. 96, Stats., or this order.

ATCP 142.06 History History: Cr. Register, August, 1983, No. 332, eff. 9-1-83.

ATCP 142.07 ATCP 142.07 Violations. Any person who violates a provision of this order is subject to the penalties provided in s. 96.17, Stats.

ATCP 142.07 History History: Cr. Register, August, 1983, No. 332, eff. 9-1-83.