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 III - Marketing Agreements › Section ATCP 140.30 - Adoption, amendment, and repeal

Current through June 24, 2024
(1) Proceedings to
				  adopt, amend or repeal a marketing agreement shall be conducted as rulemaking
				  proceedings under ch. 227, Stats., in accordance with procedures set forth
				  under ss.
				  ATCP
				  140.10 through
				  140.20, except as otherwise provided
				  in ch. 96, Stats., or this section.
(2) No marketing agreement may be adopted
				  until the secretary finds that at least 50% of the affected producers or
				  handlers assent to the proposed marketing agreement. The percentage of affected
				  producers or handlers assenting to the proposed marketing agreement shall be
				  determined according to s.
				  ATCP 140.19, except as
				  provided in this section.
(3)
				  Except as provided in s.
				  ATCP
				  140.35, no marketing agreement may be amended or
				  repealed until the secretary finds that at least 50% of the current assentors
				  to the marketing agreement have assented to the amendment or repeal. Current
				  assentors include current affected producers or handlers who assented to the
				  marketing agreement at the time of its adoption, or at any time subsequent to
				  its adoption pursuant to sub. (4), and who have not withdrawn their assent. The
				  percentage of current assentors who assent to the proposed amendment or repeal
				  shall be determined according to the procedures under s.
				  ATCP 140.19, except as
				  otherwise provided under this section.
(4) A marketing agreement, once adopted, is
				  binding only upon producers or handlers who assent to the agreement. A
				  marketing agreement shall permit eligible producers or handlers to assent to
				  the marketing agreement at any time after the marketing agreement is adopted. A
				  marketing agreement shall further permit assenting producers or handlers to
				  withdraw their assent at the end of each year by giving the secretary advance
				  notice in writing of their intent to withdraw. To be effective, notice of
				  withdrawal shall be given to the secretary at least 30 days prior to the
				  anniversary date of the agreement, except as otherwise provided in the
				  marketing agreement. A withdrawal of assent shall be effective on the
				  anniversary date of the marketing agreement, following written notice as
				  provided in this subsection.
(5) In
				  an assent proceeding under this section, the department shall distribute assent
				  forms on which affected producers or handlers may certify their eligibility to
				  participate in the assent proceeding, and signify their assent to the proposed
				  adoption, amendment or repeal of a marketing agreement. The assent forms serve
				  in place of ballots and certificates of eligibility under s.
				  ATCP 140.19. The
				  secret ballot requirements of s.
				  ATCP 140.19 do not
				  apply to assent proceedings under this subsection.