Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 140 - Agricultural marketing orders, marketing agreements and marketing boards › Subchapter IV - Marketing Board Organization and Operation; Procedures › Section ATCP 140.47 - Prohibited expenditures and business practices

Current through June 24, 2024
A marketing board may not:
(1) Expend, or contract for the expenditure
				  of moneys:
(a) For any purpose which is not
				  authorized under ch. 96, Stats., and the marketing order, or which is
				  inconsistent with ch. 96, Stats., and the marketing order.
(b) In violation of ch. 96, Stats., the
				  marketing order or this chapter.
(c) Whose aggregate amount exceeds the annual
				  receipts of the marketing board for the fiscal year in which the expenditures
				  occur. Annual receipts, for purposes of this paragraph, include any surplus
				  receipts carried over from the preceding fiscal year. This paragraph does not
				  prohibit a marketing board from contracting for the expenditure of anticipated
				  receipts during the current fiscal year in which the receipts are anticipated,
				  if the expenditure is budgeted and approved in compliance with ss.
				  ATCP 140.42 and
				  140.45. A marketing board shall
				  periodically review its projections of anticipated receipts during the fiscal
				  year, to determine whether the projections are accurate, and whether any
				  adjustment of proposed expenditures may be necessary to comply with this
				  paragraph.
(d) To promote or fund
				  any other marketing order. This does not prohibit joint funding of marketing
				  order projects and programs with other marketing boards.
(e) To influence state or federal legislation
				  or rulemaking. This does not prohibit any of the following activities, unless
				  the secretary determines that expenditures for activities are excessive in
				  relation to the purposes for which the marketing order is created:
1. The publication and distribution of
				  information describing the programs, activities and accomplishments of the
				  marketing board.
2. The publication
				  and distribution of information related to any proposal under subch. I for the
				  amendment or repeal of the marketing order, if the information is published and
				  distributed prior to the secretary's decision under s.
				  ATCP
				  140.18 advancing the proposed amendment or repeal to a
				  referendum of producers or handlers.
3. Communication by a marketing board member
				  or employee with any state public official or employee concerning the proposed
				  amendment or repeal of the marketing order, or concerning any other rulemaking
				  which is directly related to the marketing order.
4. The publication and distribution of
				  information concerning an impending advisory referendum on the marketing order,
				  provided that the marketing board does not directly recommend or suggest how
				  producers or handlers should vote in the advisory referendum.
(f) For salaries, administrative
				  expenses, travel expenses or personal expenses, except those which are
				  reasonable and necessary for the operation of the marketing board, or which are
				  a reasonable and necessary incident to the performance of administrative or
				  contract services for the marketing board.
(g) For any market development program which
				  makes false or unwarranted claims on behalf of an affected commodity or
				  disparages the quality, value, sale or use of any other agricultural
				  commodity.
(h) For any market
				  research or development program which makes reference to, or which exclusively
				  promotes a private brand or trade name of the affected commodity.