Chapter ATCP 144

ATCP 144.04(2) (2) Term of office; removal; vacancies.

ATCP 144.04(2)(a) (a) In the initial election of marketing board members, members elected from districts one, 4, 7, 10, 13, 16, 19, 22 and 25 shall serve a one-year term; board members elected from districts 2, 5, 8, 11, 14, 17, 20 and 23 shall serve a 2-year term; and board members elected from districts 3, 6, 9, 12, 15, 18, 21 and 24 shall serve a 3-year term. All other elections of affected producers to the marketing board shall be for 3-year terms.

ATCP 144.04(2)(b) (b) 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 144.04(2)(c) (c) If a vacancy occurs for any reason, the marketing board shall appoint an affected producer as a successor to fill the unexpired term. The successor shall be from the same district in which the vacancy occurs.

ATCP 144.04(3) (3) Duties. The duties of the marketing board shall include the following:

ATCP 144.04(3)(a) (a) To adopt by-laws consistent with the articles of incorporation, ch. 96, Stats., and this order.

ATCP 144.04(3)(b) (b) To develop and maintain administrative services necessary for proper administration of this order.

ATCP 144.04(3)(c) (c) To protect the confidentiality of information obtained under this order relating to the businesses of individual producers or handlers.

ATCP 144.04(3)(d) (d) To develop and recommend to the secretary administrative rules related to this order.

ATCP 144.04(3)(e) (e) To receive, evaluate and report to the secretary complaints of violations of this order.

ATCP 144.04(3)(f) (f) To recommend to affected producers or to the secretary amendments to this order.

ATCP 144.04(3)(g) (g) To develop procedures for collecting assessments to cover expenses incurred in carrying out programs and the administration of this order.

ATCP 144.04(3)(h) (h) To collect such information and data as necessary for proper administration of this order.

ATCP 144.04(3)(i) (i) To determine how the funds collected under this order are to be allocated.

ATCP 144.04(3)(j) (j) To annually prepare a statement on operations of this order, including an audited financial statement, prepared independently or by the secretary, for the previous marketing year.

ATCP 144.04(3)(k) (k) To maintain a bond on its officers and employees in an amount of not less than 50% of the annual budget of this order.

ATCP 144.04(4) (4) Marketing services. The marketing board may, for the purpose of expending funds for advertising and promotion, name the American dairy association of Wisconsin as the board’s marketing agent. Under this subsection, the American dairy association of Wisconsin may participate and cooperate with any public or private organization.

ATCP 144.04 History History: Cr. Register, June, 1983, No. 330, eff. 7-1-83.

ATCP 144.05 ATCP 144.05 Applicability of order. This order shall be applicable to all milk produced in the state and introduced into commercial channels.

ATCP 144.05 History History: Cr. Register, June, 1983, No. 330, eff. 7-1-83.

ATCP 144.06 ATCP 144.06 Assessments.

ATCP 144.06(1) (1) Affected producers shall be liable for an assessment of 10¢ per hundredweight on all milk sold to or marketed by a handler. Hundredweight shall be determined on the basis of scale weights, bulk tank measurements by licensed weighers and samplers, milk statements, or a combination of the above.

ATCP 144.06(2) (2) Assessments shall be deducted by handlers from amounts due affected producers and shall become due to the marketing board at the time title to the milk is transferred from affected producers to handlers.

ATCP 144.06(3) (3) When milk is sold by affected producers to non-resident handlers, affected producers shall be deemed to be producer-handlers, as defined in s. ATCP 144.01 (7), acting on their own behalf and assessments shall be due to the marketing board at the time title is taken by the non-resident handler. Producer-handlers shall maintain records, file reports and remit assessments due on their own milk to the marketing board in accordance with procedures under this chapter.

ATCP 144.06(4) (4) Assessments shall be payable monthly to the marketing board on the date final settlement is made to affected producers for milk sold during the preceding month and in accordance with procedures specified by the marketing board.

ATCP 144.06(5) (5) Producers processing or selling their own milk directly to consumers shall be liable for payment of assessments. Assessments due from affected producers selling milk directly to consumers shall be payable quarterly to the marketing board and a report filed at the time the assessments are payable, in accordance with procedures specified by the marketing board.

ATCP 144.06(6) (6) The marketing board, or the secretary, shall have the authority to audit financial and other records of handlers, producers or their agents pertaining to assessments and to ensure compliance with this section.

ATCP 144.06 History History: Cr. Register, June, 1983, No. 330, eff. 7-1-83; am. (1), Register, July, 1991, No. 427, eff. 8-1-91.

ATCP 144.07 ATCP 144.07 Reports.

ATCP 144.07(1) (1) Each handler shall maintain accurate records and accounts of all milk purchased from affected producers. Records shall include, but may not be limited to, names and addresses of producers from whom milk was purchased or sold, quantities of milk purchased or sold, and the dates title of milk was taken and payments made or received. Each handler 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 the proper collection of assessments.

ATCP 144.07(2) (2) Each handler shall provide each affected producer with a record of assessments collected and remitted to the marketing board at least once each year.

ATCP 144.07(3) (3) The marketing board or the secretary may require producers to file reports as may be necessary for the administration and enforcement of this order.

ATCP 144.07(4) (4) The secretary may require the marketing board to provide information necessary for enforcement of ch. 96, Stats., or this order.

ATCP 144.07 History History: Cr. Register, June, 1983, No. 330, eff. 7-1-83.

ATCP 144.08 ATCP 144.08 Violations. Any person who violates a provision of this order is subject to the penalties provided in s. 96.17, Stats.

ATCP 144.08 History History: Cr. Register, June, 1983, No. 330, eff. 7-1-83.

ATCP 144.09 ATCP 144.09 Review. Affected producers shall be afforded the opportunity to participate in an advisory referendum after 4 years from the effective date of this order for the purpose of amending or terminating this order. The marketing board shall conduct the advisory referendum and each affected producer shall vote individually. If more than 50% of the affected producers voting in the referendum disapprove continuation of any or all aspects of this order, the board shall recommend action to the secretary under s. 96.05, Stats., for the purpose of amending or terminating this order.

ATCP 144.09 History History: Cr. Register, June, 1983, No. 330, eff. 7-1-83.