Chapter ATCP 145
SOYBEAN MARKETING ORDER
ATCP 145.04 Marketing board. ATCP 145.05 Applicability of order. ATCP 145.01ATCP 145.01 Definitions. As used in this chapter, unless the context requires otherwise: ATCP 145.01(1)(1) “Affected producer” means any individual, partnership, corporation, or other business entity engaged as an owner or tenant in the growing of soybeans within this state and selling soybeans in commercial channels. ATCP 145.01(3)(3) “District” means an area of the state as defined in s. ATCP 145.03 from which representatives are elected to serve on the marketing board. ATCP 145.01(4)(4) “Handler” means any person including a dealer, agent, or producer engaged in the business of buying soybeans from affected producers and placing the soybeans into commercial channels. ATCP 145.01(5)(5) “Marketing board” or “board” means a ch. 181, Stats., non-stock corporation consisting of affected producers elected to serve as board members and having the duties described in this order. ATCP 145.01(6)(6) “Producer-handler” means an affected producer who sells soybeans to a non-resident handler. ATCP 145.01(7)(7) “Secretary” means the secretary of the state of Wisconsin department of agriculture, trade and consumer protection. ATCP 145.01(8)(8) “Soybeans” means all varieties of Glycine max or Glycine soya. ATCP 145.01 HistoryHistory: Cr. Register, August, 1983, No. 332, eff. 9-1-83. ATCP 145.02(1)(1) The primary objective of this marketing order is to expand and maintain sales of soybeans. This includes the development of new products and new markets; improving methods and practices related to producing, processing, or marketing soybeans; and educational programs for producers, handlers, or consumers relating to the quality or nutritional value of soybeans or soybean products. ATCP 145.02(2)(2) Funds collected under this order may be used by the marketing board to meet one or more objectives described in this order. Funds may be used by the marketing board to jointly sponsor projects with any private or public organization to meet the objectives of this order. ATCP 145.02 HistoryHistory: Cr. Register, August, 1983, No. 332, eff. 9-1-83. ATCP 145.03(1)(1) The state shall be divided into 7 districts for purposes of electing affected producers to the marketing board. The following counties shall initially constitute the respective districts: ATCP 145.03(1)(a)(a) District 1. Ashland, Barron, Bayfield, Brown, Burnett, Chippewa, Door, Douglas, Dunn, Florence, Forest, Iron, Kewaunee, Langlade, Lincoln, Marathon, Marinette, Menominee, Oconto, Oneida, Outagamie, Polk, Portage, Price, Rusk, St. Croix, Sawyer, Shawano, Taylor, Vilas, Washburn, and Waupaca counties. ATCP 145.03(1)(b)(b) District 2. Buffalo, Clark, Eau Claire, Jackson, LaCrosse, Pepin, Pierce, Trempealeau, and Wood counties. ATCP 145.03(1)(c)(c) District 3. Adams, Crawford, Dane, Grant, Green, Iowa, Juneau, Lafayette, Monroe, Richland, Sauk, and Vernon counties. ATCP 145.03(1)(d)(d) District 4. Calumet, Columbia, Dodge, Fond du Lac, Green Lake, Jefferson, Manitowoc, Marquette, Ozaukee, Sheboygan, Washington, Waukesha, Waushara, and Winnebago counties. ATCP 145.03(2)(2) The district boundaries designated in sub. (1) shall exist for 3 years after the effective date of the marketing order, at which time the marketing board may reapportion the districts, with the approval of the secretary, to assure fair representation to affected producers. The board may reapportion districts no more frequently than every 3 years coinciding with the anniversary of the effective date of the order. No alteration of district boundaries due to reapportionment shall have the effect of removing a marketing board member from office during the member’s term. ATCP 145.03 NoteNote: On May 21, 2014, pursuant to s. ATCP 145.03 (2), the secretary approved a reapportionment of the districts requested by the soybean marketing board. With the reapportionment the districts are: ATCP 145.03 NoteDistrict 1. Ashland, Barron, Bayfield, Burnett, Chippewa, Clark, Douglas, Iron, Marathon, Portage, Price, Rusk, Sawyer, Taylor, Washburn, and Wood counties.
ATCP 145.03 NoteDistrict 2. Buffalo, Dunn, Eau Claire, Jackson, Pepin, Pierce, Polk, St. Croix, and Trempealeau counties.
ATCP 145.03 NoteDistrict 3. Adams, Crawford, Grant, Juneau, La Crosse, Monroe, Richland, Sauk, and Vernon counties.
ATCP 145.03 NoteDistrict 4. Columbia, Dodge, Fond du lac, Green Lake, Marquette, Waushara, and Winnebago counties.
ATCP 145.03 NoteDistrict 5. Dane, Green, Iowa, Lafayette, and Rock counties.
ATCP 145.03 NoteDistrict 6. Jefferson, Kenosha, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington, and Waukesha counties.
ATCP 145.03 NoteDistrict 7. Brown, Calumet, Door, Florence, Kewaunee, Langlade, Lincoln, Marinette, Menominee, Oconto Oneida, Outagamie, Shawano, Vilas, and Waupaca counties.
ATCP 145.03 HistoryHistory: Cr. Register, August, 1983, No. 332, eff. 9-1-83. ATCP 145.04(1)(a)(a) A soybean marketing board consisting of 7 affected producers, one from each district, is established to administer this order. Board members shall reside in the district they are elected to represent. Board members shall be nominated and elected as prescribed in s. 96.10 (1), Stats. Notice of the secretary’s decision for issuance of this marketing order shall contain a call for nominations for election of board members to initial terms of office. Nominations shall be filed not later than 25 days after the date of the secretary’s call for nominations, and the election held concurrently with the referendum during the period set by the secretary. A call for nominations of affected producers for subsequent election to an expired term of office on the marketing board shall be made by the board not later than 90 days before expiration of the term, and nominations shall be filed not later than 60 days before the term of office expires. Elections to fill expired terms of office shall be held within the 60-day period preceding expiration of the terms of office. If no nominations are made by affected producers within the specified times, the secretary or marketing board may extend the time period within which nominations may be filed. ATCP 145.04(1)(b)(b) Affected producers residing in each district shall elect one affected producer from the district to serve on the marketing board. The nominee receiving the highest number of votes in the election in each district shall be the board member representing that district. 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.
