Chapter ATCP 145

ATCP 145.04(2) (2) Term of office; removal; vacancies.

ATCP 145.04(2)(a) (a) For the initial terms of marketing board members, board members elected from districts one and 7 shall serve one-year terms; board members elected from districts 2 and 6 shall serve 2-year terms; and board members elected from districts 3, 4, and 5 shall serve 3-year terms.

ATCP 145.04(2)(b) (b) All subsequent elections to the marketing board shall be for 3-year terms.

ATCP 145.04(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 145.04(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. The successor shall be from the same district in which the vacancy occurs.

ATCP 145.04(3) (3) Duties. The duties of the marketing board shall include the following:

ATCP 145.04(3)(a) (a) To adopt bylaws consistent with the articles of incorporation, ch. 96, Stats., and this order.

ATCP 145.04(3)(b) (b) To develop and maintain administrative services necessary for proper administration of this order.

ATCP 145.04(3)(c) (c) To protect the confidentiality of information obtained under this order relating to the businesses of individual producers or handlers.

ATCP 145.04(3)(d) (d) To develop and recommend to the secretary administrative rules related to this order.

ATCP 145.04(3)(e) (e) To receive, evaluate and report to the secretary complaints of violations of this order.

ATCP 145.04(3)(f) (f) To recommend to affected producers or to the secretary amendments to this order.

ATCP 145.04(3)(g) (g) To develop procedures for collecting assessments to cover expenses incurred in carrying out programs and the administration of this order.

ATCP 145.04(3)(h) (h) To collect such information and data as necessary for proper administration of this order.

ATCP 145.04(3)(i) (i) To determine how funds collected under this order are to be allocated.

ATCP 145.04(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 145.04(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 145.04 History History: Cr. Register, August, 1983, No. 332, eff. 9-1-83.

ATCP 145.05 ATCP 145.05 Applicability of order.

ATCP 145.05(1) (1) Scope. This marketing order is applicable to all soybeans produced in the state and sold in commercial channels.

ATCP 145.05(2) (2) Exclusions. This marketing order does not include:

ATCP 145.05(2)(a) (a) Soybeans produced for seed purposes and used on farms where produced.

ATCP 145.05(2)(b) (b) Soybeans produced for the purpose of feeding the producer’s own livestock.

ATCP 145.05 History History: Cr. Register, August, 1983, No. 332, eff. 9-1-83.

ATCP 145.06 ATCP 145.06 Assessments.

ATCP 145.06(1) (1) Each affected producer for the first crop year for which the marketing order is effective shall be liable for an assessment of 2 cents per bushel on all soybeans grown in this state and sold in commercial channels. In subsequent years, the marketing board shall annually determine the rate of assessment to be levied and collected but in no event shall it exceed 2 cents per bushel. Bushels shall be determined on the basis of scale tickets, invoices, bills of lading, manifests, settlement sheets, or other sales or shipping documents, or any combination of the above.

ATCP 145.06(2) (2) Assessments shall be collected by handlers or deducted from amounts due affected producers and shall become due to the marketing board at the time title to the soybeans is transferred from affected producers to handlers. For purposes of this subsection, assessments shall become due to the marketing board at the indicated time for the following types of transactions between producers and handlers.

ATCP 145.06(2)(a) (a) When soybeans are sold by an affected producer for currency, certified or personal check, money order, or other type of cash transaction, assessments shall become due when the quantity sold is determined.

ATCP 145.06(2)(b) (b) When soybeans are sold by an affected producer under a purchase contract, assessments shall become due at the time title to the soybeans is taken by the handler according to terms specified in the contract.

ATCP 145.06(2)(c) (c) When soybeans are sold by an affected producer under a basis contract, or any contract negotiated in terms of forward prices, assessment shall become due at the time title to the soybeans is taken by the handler according to terms specified in the contract and without regard to any advance payment received by the affected producer from the handler.

ATCP 145.06(2)(d) (d) When soybeans are sold by an affected producer under a deferred price contract, or any contract in which price is determined subsequent to the time possession is taken by the handler, assessments shall become due at the time title to the soybeans is transferred by the affected producer according to terms specified in the contract.

ATCP 145.06(2)(e) (e) When soybeans are sold by affected producers to non-resident handlers, affected producers shall be deemed to be producer-handlers, as defined in s. ATCP 145.01 (6), acting on their own behalf, and assessments shall be due to the marketing board at the time title to the soybeans is taken by the non-resident handler.

ATCP 145.06(3) (3) For the purpose of this section, lending agencies, including the commodity credit corporation, shall be deemed handlers if title is taken for purposes of foreclosure or loan repayment.

ATCP 145.06(4) (4) Producer-handlers shall maintain records, file reports, and remit the assessments due on their own soybeans to the marketing board in accordance with procedures under this chapter.

ATCP 145.06(5) (5) Assessments shall be payable to the marketing board within 15 days after the end of the month in which assessments become due in accordance with procedures specified by the marketing board.

ATCP 145.06(6) (6) The marketing board, or the secretary, shall have the authority to audit records of handlers, producers, or their agents only as necessary to ensure compliance with this section.

ATCP 145.06 History History: Cr. Register, August, 1983, No. 332, eff. 9-1-83.

ATCP 145.07 ATCP 145.07 Refunds.

ATCP 145.07(1) (1) Any producer who has paid an assessment may receive a refund upon submitting proof satisfactory to the marketing board that the assessment for which the refund is requested has been paid.

ATCP 145.07(2) (2) Claims for producer refunds must be submitted on forms prescribed by the marketing board and filed within 90 days after the assessments are due to the marketing board by the handler.

ATCP 145.07(3) (3) All valid claims for producer refunds shall be paid by the board within 60 days after receipt of the claim, or within a reasonable period of additional time as may be necessary to determine the validity of the claim.

ATCP 145.07 History History: Cr. Register, August, 1983, No. 332, eff. 9-1-83.

ATCP 145.08 ATCP 145.08 Reports.

ATCP 145.08(1) (1) Each handler shall maintain accurate records and accounts of all soybeans purchased from affected producers. Records shall include, but may not be limited to, names, and addresses of producers from whom soybeans were purchased, quantities of soybeans purchased, and the dates title to soybeans 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 marketing board may require as often as necessary to ensure compliance with this order and the proper collection of assessments.

ATCP 145.08(2) (2) Each handler shall provide affected producers with a record of assessments collected and remitted to the marketing board at least once each year.

ATCP 145.08(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 145.08(4) (4) The secretary may require the marketing board to provide information necessary for enforcement of ch. 96, Stats., or this order.

ATCP 145.08 History History: Cr. Register, August, 1983, No. 332, eff. 9-1-83.

ATCP 145.09 ATCP 145.09 Violations. Any person who violates a provision of this order is subject to the penalties provided in s. 96.17, Stats.

ATCP 145.09 History History: Cr. Register, August, 1983, No. 332, eff. 9-1-83.