Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 148 - Ginseng marketing order › Section ATCP 148.04 - Marketing board

Current through June 24, 2024
(1) MEMBERSHIP; INITIAL ELECTION. A ginseng
				marketing board consisting of 7 producers is established to administer this
				order. Board members shall be nominated and elected as prescribed in s.
				96.10(1),
				Stats., and s.
				ATCP
				140.20. Board members shall be elected on an at large
				basis, by vote of eligible affected producers. In the initial election, the 7
				nominees receiving the highest number of at large votes shall be elected as
				marketing board members for staggered terms, as provided in sub. (2).
(2) TERM OF OFFICE. For the initial election
				of marketing board members, the 2 board members receiving the highest number of
				votes shall hold office for a period of 3 years. The 3 board members receiving
				the third, fourth and fifth highest number of votes shall hold office for a
				period of 2 years. The 2 board members receiving the sixth and seventh highest
				number of votes shall hold office for a period of one year. All subsequent
				elections to the marketing board shall be for 3-year terms.
(3) SUBSEQUENT ELECTIONS. Not later than 90
				days prior to the expiration of a marketing board member's term of office, the
				marketing board shall issue a call for nominations for the election of the
				succeeding marketing board member. Nominations shall be filed not later than 60
				days before the marketing board member's term of office expires. The election
				of a succeeding marketing board member shall be held prior to the expiration of
				a marketing board member's term of office. If no nominations are made by
				producers within the time specified in a call for nominations, the secretary or
				marketing board may extend the time period within which nominations may be
				filed.
(4) ELIGIBILITY TO HOLD
				OFFICE; APPOINTMENTS TO FILL VACANCIES. A marketing board member is no longer
				eligible to continue in office if, at any time during his or her term in
				office, the marketing board member ceases to be an affected producer. If a
				marketing board member ceases to be an affected producer, his or her position
				on the marketing board becomes vacant. If a vacancy occurs on the marketing
				board for any reason, the marketing board shall appoint an affected producer to
				serve the remainder of the unexpired term of office.
(5) DUTIES. The duties of the marketing board
				shall include the following:
(a) To adopt
				bylaws consistent with the articles of incorporation, ch. 96, Stats., and this
				order.
(b) To develop and maintain
				administrative services necessary for proper administration of this
				order.
(c) To protect the
				confidentiality of information obtained under this order relating to the
				businesses of individual producers or handlers.
(d) To develop and recommend to the secretary
				administrative rules related to this order.
(e) To receive, evaluate and report to the
				secretary complaints of violations of this order.
(f) To develop procedures for collecting
				assessments used in funding programs and the administration of this
				order.
(g) To collect information
				and data only as necessary for proper administration of this order.
(h) To determine how funds collected under
				the marketing order are to be allocated.
(i) To annually prepare a statement on
				operations of this order for the previous marketing year, including an audited
				financial statement prepared independently.
(j) 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.
(k) To comply with all
				applicable provisions of ch. 96, Stats., and ch. ATCP 140.