reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 141 - Cherry Marketing Order › Section ATCP 141.04 - Marketing board

Current through June 24, 2024
(1) MEMBERSHIP. A cherry marketing board
				consisting of 5 affected producers is established to administer this order.
				Board members shall be elected producers. 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 earlier than 58 days and not
				later than 75 days after the secretary's call for nominations, and the election
				held within 60 days after approval of the marketing order by referendum. 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
				times specified, the secretary or marketing board may extend the time period
				within which nominations may be filed.
(2) TERM OF OFFICE; REMOVAL; VACANCIES.
(a) The board is reconstituted as of the
				first election following July 1, 2015. For the initial terms of marketing board
				members on the reconstituted board, the board members receiving the highest and
				second highest number of votes shall hold office for a period of 3 years, the
				board members receiving the third and fourth highest number of votes shall hold
				office for a period of 2 years, and the board member receiving the fifth
				highest number of votes shall hold office for a period of one year.
(b) All subsequent elections to the marketing
				board shall be for 3-year terms.
(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.
(d) If a vacancy
				occurs for any reason, the marketing board shall appoint an affected producer
				to serve the remainder of the term of office.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 141 - Cherry Marketing Order › Section ATCP 141.05 - Applicability of order

Current through June 24, 2024
(1) SCOPE. This marketing order shall be
				applicable to all cherries produced in Door and Kewaunee counties and sold for
				processing by affected producers.
(2) QUALIFICATION. Each year the marketing
				board shall make a preliminary determination of whether or not producers are
				affected producers. The board shall specify the procedures for making the
				determination, which shall generally be based upon the sales of cherries by
				producers in the preceding crop year. The board shall make available to all
				handlers and producers the results of each preliminary determination prior to
				July 1 of each year. Each handler and producer shall submit to the board, as
				the board or the secretary may require, information necessary to verify the
				accuracy of the list of affected producers. In the event of a person's expanded
				production or of a producer experiencing a crop loss, the board may adjust the
				list of affected producers at any time based on information supplied by or on
				behalf of producers or handlers. For purposes of determining whether or not a
				producer retains voting privileges or a position on the marketing board, the
				board may calculate the simple average of the 3 preceding crop years to adjust
				for a partial or total crop loss experienced by a producer. Producers selling
				less than 2,000 pounds of cherries to a handler for processing in a given crop
				year shall in no event be subject to assessments during that crop year. Annual
				determinations of whether or not producers are affected producers and any
				adjustments made by the marketing board shall be done in a manner which
				preserves the confidentiality of information related to the businesses of
				producers or handlers except to the extent of the requirements of this
				subsection.
(3) EXCLUSIONS. This
				marketing order is not applicable to:
(a)
				Sales of cherries by producers directly to consumers.
(b) Sales of cherries for processing by a
				producer which total less than 2,000 pounds to all handlers in a given crop
				year.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 141 - Cherry Marketing Order › Section ATCP 141.06 - Assessments

Current through June 24, 2024
(1) Each affected producer in the first crop
				year for which the marketing order is effective shall be liable for an
				assessment of two-tenths of one cent ($0.002) per pound net weight on all
				pitting cherries sold to a handler. Thereafter the marketing board shall
				annually determine the rate of assessment to be levied and collected but in no
				event shall it exceed five-tenths of one cent ($0.005) per pound net weight on
				all pitting cherries sold to a handler. The assessment rate on cherries used
				for juice purposes shall be determined annually by the board but in no event
				shall it be more than one-half the assessment rate on pitting cherries. The net
				weight of cherries subject to assessment shall be determined on the basis of
				scale tickets, invoices, bills of lading, or other sales or shipping documents,
				or any combination of the above.
(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 cherries is transferred from
				affected producers to handlers.
(3)
				When cherries are sold by affected producers to non-resident handlers, affected
				producers shall be deemed to be producer-handlers acting on their own behalf,
				and assessments shall be due to the marketing board at the time title to the
				cherries is taken by the non-resident handler.
(4) Assessments shall be payable to the
				marketing board on or before November 1 of the year in which assessments became
				due in accordance with procedures specified by the marketing board.
(5) When cherries are stored by affected
				producers under a federal reserve pool, the cherry administrative board shall
				be deemed to be a handler. Assessments shall be due to the marketing board
				under this subsection on the date when the cherries are released by the cherry
				administrative board and payable 180 days from when the assessments are
				due.
(6) The secretary shall have
				the authority to audit records of handlers, producers, or their agents only as
				necessary to ensure compliance with this section.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 141 - Cherry Marketing Order › Section ATCP 141.07 - Reports

Current through June 24, 2024
(1) Each producer shall maintain accurate
				records of all cherry production. Producer records shall include, but may not
				be limited to, quantity and disposition of cherry production. Each handler
				shall maintain accurate records and accounts of all cherries purchased from
				affected producers. Handler records shall include, but may not be limited to,
				names and addresses of each producer from whom cherries were purchased,
				quantities of cherries purchased, and the dates title to the cherries was taken
				and payments made. 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.
(2) The secretary may require the marketing
				board to provide information necessary for enforcement of ch. 96, Stats., or
				this order.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 142 - Cranberry Marketing Order › Section ATCP 142.01 - Definitions

Current through June 24, 2024
As used in this chapter, unless the context requires
				  otherwise:
(1) "Affected producer" or
				"producer" means an individual, partnership or other business entity in
				Wisconsin engaged in the production and sale of cranberries.
(2) "Barrel" means 100 pounds of
				cranberries.
(3) "Cranberries"
				means all varieties of Vaccinium macrocarpon.
(4) "Handler" means any person, including a
				producer, performing any of the functions of processing cranberries or selling
				cranberries directly to consumers.
(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.
(6) "Processing" or "processed" means the
				operation of canning, packing, freezing, preserving or otherwise preparing
				cranberries for marketing in any form.
(7) "Producer-handler" means a producer who
				sells cranberries to a non-resident handler.
(8) "Secretary" means the secretary of the
				state of Wisconsin department of agriculture, trade and consumer
				protection.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 142 - Cranberry Marketing Order › Section ATCP 142.02 - Purpose

Current through June 24, 2024
(1) The primary objective of this marketing
				order is to maintain and expand the sales of cranberries. This includes the
				development of new products and new markets; improving methods and practices
				related to producing, processing or marketing of cranberries; and providing
				educational programs for producers, handlers or consumers.
(2) Funds collected under this order may be
				used by the marketing board to meet one or more of the objectives described in
				this order including market research and development, industrial research and
				educational programs. 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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 142 - Cranberry Marketing Order › Section ATCP 142.03 - Marketing board

Current through June 24, 2024
(1) MEMBERSHIP.
(a) A cranberry marketing board consisting of
				7 producers is established to administer this order. Board members shall be
				residents of Wisconsin. 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 20 days after 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
				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. An election to fill any expired term of office shall be held
				within the 60-day period preceding expiration of the term of office. If no
				nominations are made by producers within the specified times, the secretary or
				marketing board may extend the time period within which nominations may be
				filed.
(b) Producers shall elect at
				large 7 affected producers to serve on the marketing board. The nominees
				receiving the highest number of votes in the election shall be the board
				members representing all other affected producers.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 142 - Cranberry Marketing Order › Section ATCP 142.05 - Assessments

Current through June 24, 2024
(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.
(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.
(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.
(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.
(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.
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 142 - Cranberry Marketing Order › Section ATCP 142.06 - Reports

Current through June 24, 2024
(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.
(2) The secretary
				may require the marketing board to provide information necessary for
				enforcement of ch. 96, Stats., or this order.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 143 - Corn marketing order › Section ATCP 143.01 - Definitions

Current through June 24, 2024
As used in this chapter, unless the context requires
				  otherwise:
(1) "Affected producer"
				means an individual, partnership, corporation or other business entity engaged
				as an owner or tenant in the growing of corn within this state, and selling
				corn in commercial channels.
(2)
				"Bushel" means 56 pounds of shelled corn or 72 pounds of ear corn.
(3) "Corn" means all varieties of Zea mays
				whether shelled or ear corn, but excluding sweet corn.
(4) "District" means an area of the state as
				defined in s.
				ATCP 143.03 from which
				representatives are elected to serve on the marketing board.
(5) "Handler" means any person including a
				dealer, agent, or producer engaged in the business of buying corn from affected
				producers and introducing the corn into commercial channels.
(6) "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.
(7) "Producer-handler" means an affected
				producer who sells corn to a non-resident handler.
(8) "Secretary" means the secretary of the
				state of Wisconsin department of agriculture, trade and consumer
				protection.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 143 - Corn marketing order › Section ATCP 143.02 - Purpose

Current through June 24, 2024
(1) The primary objective of this marketing
				order is to maintain and expand sales of corn. This includes the development of
				new products and new markets; improving corn production, marketing, or handling
				methods or practices; and educational programs for producers, handlers, or
				consumers relating to the quality or nutritional value of corn or corn
				products.
(2) Funds collected under
				this order may be used by the marketing board to meet one or more of the
				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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 143 - Corn marketing order › Section ATCP 143.03 - Districts

Current through June 24, 2024
(1) The state shall be divided into 9
				districts for purposes of electing affected producers to the marketing board.
				The following counties shall initially constitute the respective districts.
(a) District 1. Douglas, Bayfield, Ashland,
				Iron, Vilas, Burnett, Washburn, Sawyer, Price, Oneida, Polk, Barron, Rusk,
				Lincoln, Chippewa, Taylor, Eau Claire, Clark, Marathon, Jackson, Wood, Portage
				and Waupaca counties.
(b) District
				2. St. Croix, Dunn, Pierce, Pepin, Buffalo and Trempealeau counties.
(c) District 3. Forest, Florence, Marinette,
				Langlade, Oconto, Shawano, Door, Outagamie, Brown, Kewaunee, Winnebago,
				Calumet, Manitowoc, Fond du Lac and Sheboygan counties.
(d) District 4. Monroe, Juneau, Adams,
				Waushara, Marquette and Columbia counties.
(e) District 5. LaCrosse, Vernon, Crawford,
				Richland, Grant, Iowa and Lafayette counties.
(f) District 6. Sauk and Dane
				counties.
(g) District 7. Green
				Lake, Dodge, Washington, Ozaukee, Waukesha and Milwaukee counties.
(h) District 8. Jefferson, Walworth, Racine
				and Kenosha counties.
(i) District
				9. Green and Rock counties.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 143 - Corn marketing order › Section ATCP 143.04 - Marketing board

Current through June 24, 2024
(1) MEMBERSHIP.
(a) A corn marketing board consisting of 9
				affected producers, one from each district, is established to administer this
				order. Board members shall reside in the district which 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 45 days after the
				date of the secretary's call for nominations, and the election held within 60
				days after approval of the marketing order by referendum. A call for
				nominations for subsequent election of affected producers 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 60 days prior to expiration of the terms of office.
				If no nominations are made by affected producers within the times specified,
				the secretary or marketing board may nominate affected producers for
				election.
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 143 - Corn marketing order › Section ATCP 143.05 - Applicability of order

Current through June 24, 2024
(1) SCOPE. This marketing order is applicable
				to all corn produced in the state and sold into commercial channels.
(2) EXCLUSIONS. This marketing order does not
				include:
(a) Corn produced for seed
				purposes.
(b) Corn produced for the
				purpose of feeding the producer's own livestock.
(c) Corn produced and sold directly to a
				producer of agricultural commodities for the purpose of feeding that producer's
				own livestock.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 143 - Corn marketing order › Section ATCP 143.06 - Assessments

Current through June 24, 2024
(1) Affected producers shall be liable for an
				assessment of one-tenth of one cent per bushel on all corn grown in this state
				and sold into commercial channels. 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.
(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 corn is transferred from
				affected producers to handlers. For purposes of this subsection, assessments
				shall become due to the marketing board at the following times indicated for
				the respective types of transactions between producers and handlers.
(a) When corn is 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.
(b) When corn is sold
				by an affected producer under a purchase contract, assessments shall become due
				at the time title is taken by the handler according to terms specified in the
				contract.
(c) When corn is sold by
				an affected producer under a basis contract, or any contract negotiated in
				terms of forward prices, assessments shall become due at the time title 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.
(d) When corn is 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 is transferred by the affected
				producer according to terms specified in the contract.
(e) When corn is sold by affected producers
				to non-resident handlers, producers shall be deemed to be producer-handlers, as
				defined in s.
				ATCP
				143.01(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 143 - Corn marketing order › Section ATCP 143.07 - Refunds

Current through June 24, 2024
(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.
(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.
(3) All valid requests for refunds shall be
				paid by the board within 60 days after receipt of the request, or within a
				reasonable period of additional time as may be necessary to determine the
				validity of the request.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 143 - Corn marketing order › Section ATCP 143.08 - Reports

Current through June 24, 2024
(1) Each handler shall maintain accurate
				records and accounts of all corn purchased from affected producers. Records
				shall include, but may not be limited to, names and addresses of producers from
				whom corn was purchased, quantities of corn purchased, and the dates title of
				corn 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.
(2) Each handler shall provide affected
				producers with a record of all assessments collected and remitted to the
				marketing board at least once each year.
(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.
(4)
				The secretary may require the marketing board to provide information necessary
				for enforcement of ch. 96, Stats., or this order.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 144 - Milk marketing order › Section ATCP 144.01 - Definitions

Current through June 24, 2024
As used in this chapter, unless the context requires
				  otherwise:
(1) "Affected producer"
				means an individual, partnership, corporation or other business entity engaged
				in the production of milk within this state and the sale of milk to a handler
				or consumer.
(2) "District" means
				an area of the state, as defined in s.
				ATCP 144.03, from which
				representatives are elected to serve on the marketing board.
(3) "Handler" means any person engaged in the
				business of purchasing or receiving milk from, or selling milk on behalf of,
				affected producers and introducing it into channels of commerce, or in the
				business of processing or distributing milk of producers, or any person engaged
				in the business of producing milk for retail consumption in commercial
				quantities.
(4) "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.
(5) "Milk"
				means the whole lacteal secretion obtained from dairy cows.
(6) "Process" or "processing" means the
				bottling, packaging, treating or preparation of milk for fluid consumption or
				the manufacturing of milk into cheese, butter, nonfat dry milk or other dairy
				products.
(7) "Producer-handler"
				means an affected producer who sells milk to a non-resident handler.
(8) "Secretary" means the secretary of the
				state department of agriculture, trade and consumer protection.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 144 - Milk marketing order › Section ATCP 144.02 - Purpose

Current through June 24, 2024
(1) The objectives of this order are to
				expand and maintain domestic sales of milk and dairy products, develop new
				products and new markets, improve methods and practices related to marketing or
				processing of milk and dairy products and inform or educate
				consumers.
(2) Funds collected
				under this order may be used by the marketing board for any purpose to meet one
				or more of the objectives described in this order including advertising and
				promotion, market research and development, industrial research and educational
				programs. 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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 144 - Milk marketing order › Section ATCP 144.03 - Districts

Current through June 24, 2024
(1) The state shall be divided into 25
				districts for purposes of electing affected producers to the marketing board.
				The following counties shall initially constitute the respective districts.
(a) District 1. Ashland, Bayfield, Burnett,
				Douglas, Iron, Rusk, Sawyer and Washburn counties
(b) District 2. Florence, Forest, Langlade,
				Marinette, Oconto and Vilas counties
(c) District 3. Lincoln, Oneida, Price and
				Taylor counties
(d) District 4.
				Barron and Polk counties
(e)
				District 5. Dunn and St. Croix counties
(f) District 6. Chippewa and Eau Claire
				counties
(g) District 7. Clark
				county
(h) District 8. Marathon
				county
(i) District 9. Shawano and
				Waupaca counties
(j) District 10.
				Brown, Door and Kewaunee counties
(k) District 11. Outagamie and Winnebago
				counties
(L) District 12. Portage,
				Waushara and Wood counties
(m)
				District 13. Buffalo, Pepin and Pierce counties
(n) District 14. Jackson, LaCrosse and
				Trempealeau counties
(o) District
				15. Adams, Juneau and Monroe counties
(p) District 16. Fond du Lac, Green Lake and
				Marquette counties
(q) District 17.
				Calumet and Manitowoc counties
(r)
				District 18. Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and
				Waukesha counties
(s) District 19.
				Columbia and Dodge counties
(t)
				District 20. Richland and Sauk counties
(u) District 21. Crawford and Vernon
				counties
(v) District 22. Grant
				county
(w) District 23. Iowa and
				Lafayette counties
(x) District 24.
				Dane and Jefferson counties
(y)
				District 25. Green, Rock and Walworth counties
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 144 - Milk marketing order › Section ATCP 144.04 - Marketing board

Current through June 24, 2024
(1) MEMBERSHIP.
(a) A milk marketing board consisting of 25
				affected producers, one from each district, is established to administer this
				order. Board members shall reside in the district which 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 earlier than 75 days and not
				later than 105 days after the date of the secretary's call for nominations, and
				the election held within 60 days after approval of the marketing order by
				referendum. A call for nominations for subsequent election of affected
				producers 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 the expiration of the terms of office. If no nominations are
				made by affected producers within the times specified, the secretary or
				marketing board may nominate affected producers for election.
(b) Affected producers residing in the
				various districts shall elect one affected producer from the district to serve
				on the marketing board. The nominee receiving the highest number of votes in
				each of the districts shall be the board member representing that
				district.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 144 - Milk marketing order › Section ATCP 144.06 - Assessments

Current through June 24, 2024
(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.
(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.
(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.
(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.
(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.
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 144 - Milk marketing order › Section ATCP 144.07 - Reports

Current through June 24, 2024
(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.
(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.
(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.
(4)
				The secretary may require the marketing board to provide information necessary
				for enforcement of ch. 96, Stats., or this order.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 144 - Milk marketing order › Section ATCP 144.09 - Review

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 145 - Soybean Marketing Order › Section ATCP 145.01 - Definitions

Current through June 24, 2024
As used in this chapter, unless the context requires
				  otherwise:
(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.
(2) "Bushel" means 60 pounds of
				soybeans.
(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.
(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.
(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.
(6) "Producer-handler" means an affected
				producer who sells soybeans to a non-resident handler.
(7) "Secretary" means the secretary of the
				state of Wisconsin department of agriculture, trade and consumer
				protection.
(8) "Soybeans" means
				all varieties of
Glycine max
or
Glycine
				soya.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 145 - Soybean Marketing Order › Section ATCP 145.02 - Purpose

Current through June 24, 2024
(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.
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 145 - Soybean Marketing Order › Section ATCP 145.03 - Districts

Current through June 24, 2024
(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:
(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.
(b) District 2. Buffalo, Clark, Eau Claire,
				Jackson, LaCrosse, Pepin, Pierce, Trempealeau, and Wood counties.
(c) District 3. Adams, Crawford, Dane, Grant,
				Green, Iowa, Juneau, Lafayette, Monroe, Richland, Sauk, and Vernon
				counties.
(d) District 4. Calumet,
				Columbia, Dodge, Fond du Lac, Green Lake, Jefferson, Manitowoc, Marquette,
				Ozaukee, Sheboygan, Washington, Waukesha, Waushara, and Winnebago
				counties.
(e) District 5. Rock
				county.
(f) District 6. Kenosha and
				Walworth counties.
(g) District 7.
				Milwaukee and Racine counties.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 145 - Soybean Marketing Order › Section ATCP 145.04 - Marketing board

Current through June 24, 2024
(1) MEMBERSHIP.
(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.
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 145 - Soybean Marketing Order › Section ATCP 145.05 - Applicability of order

Current through June 24, 2024
(1) SCOPE. This marketing order is applicable
				to all soybeans produced in the state and sold in commercial
				channels.
(2) EXCLUSIONS. This
				marketing order does not include:
(a)
				Soybeans produced for seed purposes and used on farms where produced.
(b) Soybeans produced for the purpose of
				feeding the producer's own livestock.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 145 - Soybean Marketing Order › Section ATCP 145.06 - Assessments

Current through June 24, 2024
(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.
(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.
(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.
(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.
(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.
(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.
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 145 - Soybean Marketing Order › Section ATCP 145.07 - Refunds

Current through June 24, 2024
(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.
(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.
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 145 - Soybean Marketing Order › Section ATCP 145.08 - Reports

Current through June 24, 2024
(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.
(2) Each handler shall provide affected
				producers with a record of assessments collected and remitted to the marketing
				board at least once each year.
(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.
(4) The secretary may
				require the marketing board to provide information necessary for enforcement of
				ch. 96, Stats., or this order.