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 II - Marketing Orders; Adoption, Amendment and Repeal › Section ATCP 140.13 - Petition or request to initiate proceedings; requirements

Current through June 24, 2024
(1) Before
				  initiating proceedings on any proposal to adopt, amend or repeal a marketing
				  order, the secretary may require the sponsors of the proposal to submit or
				  deposit with the secretary:
(a) A written
				  draft of the proposed marketing order or marketing order amendment, if the
				  sponsors propose to adopt or amend a marketing order. A written draft shall be
				  included with all petitions under s.
				  96.05(2),
				  Stats., and with other proposals if required by the secretary. The draft
				  proposal may be modified by the department as provided in s.
				  ATCP
				  140.14 before any hearing is held on the
				  proposal.
(b) A clear statement of
				  the substance or nature of the proposal. The statement shall be included with
				  all petitions under s.
				  96.05(2),
				  Stats., and with other proposals if required by the secretary. If the sponsors
				  propose to adopt a marketing order, the statement shall include:
1. The objectives of the proposed marketing
				  order. Objectives shall be consistent with the provisions of s.
				  96.03(2),
				  Stats.
2. A description of the
				  class of producers or handlers who would be affected by the proposed marketing
				  order, including the approximate number of producers or handlers who would be
				  affected.
3. A specific statement
				  describing how marketing order assessments would be computed and paid under the
				  marketing order. The description shall indicate:
a. How the basis for assessments would be
				  determined.
b. The situations in
				  which handlers would be expected to collect and remit assessments.
c. The situations in which producers would be
				  expected to collect and remit assessments.
d. The point at which assessments would
				  become due and payable.
e. The
				  records which producers or handlers would be required to keep in order to
				  document whether assessments are due and payable, and in what
				  amounts.
4. The size of
				  the marketing board and the representation of producers and handlers on the
				  marketing board under the proposed marketing order, pursuant to s.
				  96.10,
				  Stats.
5. The amount of revenue, in
				  the form of producer or handler assessments, needed each year to accomplish the
				  purposes of the proposed marketing order.
6. A proposed voting requirement to be used
				  in determining whether the proposal is approved or disapproved in a referendum
				  of affected producers or handlers. The voting requirement shall be chosen from
				  among the alternative voting requirements set forth in s.
				  96.08,
				  Stats. A proposal to amend or repeal a marketing order shall be subject to the
				  same voting requirement that was used to adopt the marketing order.
(c) An amount of money sufficient
				  to defray the reasonably anticipated expenses which may be incurred by the
				  department in the proposed proceedings to adopt, amend or repeal the marketing
				  order, pursuant to s.
				  96.05(6),
				  Stats. In lieu of a single deposit to cover the entire proceedings, the
				  secretary may permit the sponsors of the proposed marketing order to make
				  deposit installments at various stages of the proceedings. Deposit installments
				  shall be sufficient to defray the department's reasonably anticipated expenses
				  for each stage of the proceedings. The department shall provide the sponsors
				  with an accounting of all expenses incurred by the department, and refund any
				  portion of the sponsor's deposit which exceeds the department's actual
				  expenses. Actual expenses may include general overhead and operating expenses
				  which are reasonably attributable to the marketing order proceedings.