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 140.19 - Referendum

Current through June 24, 2024
(1) GENERAL. Based on the secretary's
				  decision under s.
				  ATCP
				  140.18, a proposal to adopt, amend or repeal a
				  marketing order may be submitted to a referendum of affected producers or
				  handlers, as provided in s.
				  96.08,
				  Stats. No proposal to adopt, amend or repeal a marketing order may be adopted
				  by the department unless the proposal is approved in a referendum of affected
				  producers and handlers. The referendum shall be scheduled and announced as
				  provided in sub. (4), and be conducted according to the procedures set forth in
				  this section. The results of the referendum shall be determined according to
				  the voting requirement specified in the decision of the secretary under s.
				  ATCP 140.18(1)
				  (c).
(2) VOTER ELIGIBILITY. In a referendum held
				  on a proposal to adopt, amend or repeal a marketing order, the eligible voters
				  shall consist of producers or handlers who are affected by the proposed
				  marketing order, or by the current marketing order which is to be amended or
				  repealed under the proposal. The department may establish the marketing year or
				  years for which the voting eligibility of a producer or handler is to be
				  determined. Each affected producer or handler is entitled to one vote in the
				  referendum. A corporation, partnership, trust, or other entity or association
				  engaged in business as a producer or handler is entitled to only one vote as a
				  producer or handler, except where an incorporated cooperative association casts
				  a bloc vote as provided under sub. (3). A producer or handler may not vote by
				  proxy or agent, except that the vote of a business entity or association may be
				  cast by its officer, employee or representative. The department may audit the
				  list of affected producers or handlers compiled under s.
				  ATCP
				  140.15, or the voting status of any person casting a
				  ballot, to ensure that all producers or handlers appearing on the list or
				  casting ballots are eligible to vote in the referendum. The secretary may
				  require supporting documentation from any person claiming to be an eligible
				  producer or handler.
(3) BLOC
				  VOTING.
(a) If the secretary's decision
				  prescribes a referendum voting requirement under s.
				  ATCP 140.18(1)
				  (c) which allows for possible bloc voting, an
				  incorporated cooperative association engaged in marketing the affected
				  commodity on behalf of the cooperative's affected producer members may cast a
				  bloc vote on behalf of its affected members, as provided in s.
				  96.08(3),
				  Stats. A bloc vote may be cast by the board of directors of the cooperative
				  with the authorization of the cooperative members. A bloc referendum vote may
				  be cast for or against a proposal to adopt, amend or repeal a marketing order.
				  The bloc vote shall be counted as the equivalent of multiple individual votes,
				  according to the number of affected producer members represented in the bloc
				  vote. If production volume is relevant to the referendum voting requirement,
				  the volume of the affected commodity represented by a bloc vote shall be the
				  combined volume produced by the individual producer members represented in the
				  bloc vote. An incorporated cooperative association marketing an affected
				  commodity as the agent of its members, and not as a purchaser, shall exclude
				  from its bloc vote any of its affected producer members for whom a bloc vote
				  will be cast by a second incorporated cooperative association in which the same
				  producers are also members, if the second incorporated cooperative association
				  markets the affected commodity as a purchaser from the producers.
(b) At least 45 days prior to the referendum,
				  an incorporated cooperative association intending to cast a bloc vote shall
				  file the following with the secretary:
1. A
				  copy of the resolution adopted by the cooperative's membership or board of
				  directors authorizing the cooperative to cast a bloc vote in the marketing
				  order referendum on behalf of its members.
2. Proof that the affected producer members
				  of the cooperative have been notified in writing of their right to vote
				  individually and be excluded from the cooperative's bloc vote, as provided
				  under par. (d).
3. A certified list
				  of cooperative members who qualify as affected producers for purposes of the
				  marketing order and referendum, and for whom the cooperative claims the right
				  to cast a bloc vote in the referendum. The list shall include the names and
				  addresses of the affected producers or handlers in a format specified by the
				  department. At the request of the secretary, the cooperative shall submit
				  documentation to prove that the listed producers are eligible to vote in the
				  marketing order referendum, and that the cooperative is authorized to cast a
				  bloc vote on their behalf.
4. Any
				  other information or documentation required by the secretary in order to
				  determine the validity of the cooperative's bloc vote.
(c) At any time before or during a
				  referendum, the secretary may invalidate the bloc vote of an incorporated
				  cooperative association if the secretary determines that the cooperative has
				  failed to file the information and documentation required under par.
				  (b).
(d) If an incorporated
				  cooperative association intends to cast a bloc vote in a marketing order
				  referendum, it shall so notify its individual members in writing at least 45
				  days prior to the referendum. The notice shall further inform the members of
				  their right to vote as individuals and be excluded from the cooperative's bloc
				  vote, as provided under par. (e). Notice published in an official publication
				  of the cooperative, and distributed to all members of the cooperative,
				  constitutes adequate written notice. Notice need not state whether the
				  cooperative intends to cast its bloc vote for or against the marketing order
				  proposal.
(e) Affected producers
				  who are members of an incorporated cooperative association may, by notifying
				  the secretary in writing during the referendum period, exclude themselves from
				  the cooperative's bloc vote in the referendum, and may cast their votes as
				  individuals. Upon receiving notice from an affected producer, the department
				  shall remove the producer from the list of cooperative members included in the
				  cooperative's bloc vote, and shall mail an individual referendum ballot to the
				  producer.
(f) The bloc vote of an
				  incorporated cooperative association shall be cast within the referendum period
				  prescribed under sub. (4). The secretary may prescribe a separate ballot for
				  cooperative bloc voting, or the cooperative may cast a bloc vote in the form of
				  a letter addressed to the secretary and sent by certified mail.