reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 139 - Consumer product safety › Section ATCP 139.07 - Poison labeling requirements

Current through June 24, 2024
The signal word "POISON", instead of any other signal word,
				  shall be printed on the label of the following substances at concentrations
				  indicated:
(1) Hydrochloric acid and
				any preparation containing free or chemically unneutralized hydrochloric acid
				(HCL) in a concentration of 10% or more.
(2) Sulfuric acid and any preparation
				containing free or chemically unneutralized sulfuric acid (H2SO4) in a
				concentration of 10% or more.
(3)
				Nitric acid or any preparation containing free or chemically unneutralized
				nitric acid (HNO3) in a concentration of 5% or more.
(4) Carbolic acid (C6H5OH), also known as
				phenol, and any preparation containing carbolic acid in a concentration of 5%
				or more.
(5) Oxalic acid and any
				preparation containing free or chemically unneutralized oxalic acid (H2C2O 4)
				in concentration of 10% or more.
(6) Oxalic acid salts, except ferrous
				oxalate, and any preparation containing any such salt in a concentration of 10%
				or more.
(7) Acetic acid or any
				preparation containing free or chemically unneutralized acetic acid (HC2H2O2)
				in a concentration of 20% or more.
(8) Hypochlorous acid, either free or
				combined, and any preparation containing the acid in a concentration that will
				yield 10% or more by weight of available chlorine.
(9) Potassium hydroxide and any preparation
				containing free or chemically unneutralized potassium hydroxide (KOH),
				including caustic potash and vienna paste (vienna caustic), in a concentration
				of 10% or more.
(10) Sodium
				hydroxide and any preparation containing free or chemically unneutralized
				sodium hydroxide (NaOH), including caustic soda and lye in a concentration of
				10% or more.
(11) Silver nitrate,
				sometimes known as lunar caustic, and any preparation containing silver nitrate
				(AgNO3) in a concentration of 5% or more.
(12) Ammonia water and any preparation
				containing free or chemically uncombined ammonia (NH), including ammonium
				hydroxide and hartshorn, in a concentration of 5% or more.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 139 - Consumer product safety › Section ATCP 139.08 - Antifreeze and extremely flammable contact adhesives; labeling

Current through June 24, 2024
(1) Methyl
				alcohol-base (methanol-base) radiator antifreeze distributed in containers
				shall bear the following warning statement when the only hazard is that caused
				by the methyl alcohol content and its flammability:
DANGER - POISON
(Skull and Crossbones Symbol)
MAY BE FATAL OR CAUSE BLINDNESS
IF SWALLOWED
FLAMMABLE - VAPOR HARMFUL
Contains methyl alcohol (methanol). Cannot be made
				  nonpoisonous. Avoid contact with eyes. Use only in a well-ventilated area. Keep
				  away from heat and open flame. Do not store in open or unlabeled
				  containers.
First aid: In case of contact with eyes, flush thoroughly
				  with water. If swallowed, induce vomiting. Call a physician immediately.
Keep out of the reach of children.
(2) Ethylene glycol-base radiator antifreeze
				distributed in containers shall bear warning statements as follows, when the
				hazard is that caused by ethylene glycol and (if present) sodium arsenite:
(a) For ethylene glycol antifreeze containing
				less than 0.01 % by weight of sodium arsenite.
WARNING - HARMFUL OR FATAL
IF SWALLOWED
Do not drink antifreeze or solution. If swallowed, induce
				  vomiting immediately. Call a physician. Ethylene glycol base. Do not store in
				  open or unlabeled containers. Keep out of the reach of children.
(b) For ethylene glycol antifreeze
				containing 0.01% but no more than 1% by weight of sodium arsenite.
WARNING - HARMFUL OR FATAL
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 139 - Consumer product safety › Section ATCP 139.09 - Strong sensitizers

Current through June 24, 2024
The following substances are considered to be strong
				  sensitizers under s.
				  100.37(1)
				  (j), Stats.:
(1) Paraphenylenediamine and products
				containing it.
(2) Powdered orris
				root and products containing it.
(3) Epoxy resins systems containing in any
				concentration ethylenediamine, diethylenetriamine, and diglycidyl ethers of
				molecular weight of less than 200.
(4) Formaldehyde and products containing 1%
				or more of formaldehyde.
(5) Oil of
				bergamot and products containing 2% or more of oil of bergamot.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 139 - Consumer product safety › Section ATCP 139.10 - Testing for hazardous substances

Current through June 24, 2024
Test procedures employed under the federal act shall be the
				  test procedures employed by the department under this chapter in determining
				  whether the substance is a hazardous substance as defined under s.
				  100.37(1)
				  (c), Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 139 - Consumer product safety › Section ATCP 139.12 - Unfair methods of competition and unfair trade practices

Current through June 24, 2024
A violation of this chapter is an unfair method of
				  competition and unfair trade practice in business under s.
				  100.20(1),
				  Stats., and is hereby prohibited under s.
				  100.20(2)
				  (a), Stats.
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 I - Definitions › Section ATCP 140.01 - Definitions

Current through June 24, 2024
As used in this chapter:
(1) "Department" means the state of Wisconsin
				  department of agriculture, trade and consumer protection.
(1m) "Electronic communication" means
				  Internet, electronic mail, facsimile, or any other form or process of
				  communication that does not directly involve the physical transfer of paper and
				  that is suitable for the retention, retrieval and reproduction of information
				  by the recipient.
(2) "Marketing
				  agreement" means a marketing agreement created or proposed under ch. 96,
				  Stats.
(3) "Marketing board" means
				  a marketing board created or proposed under ch. 96, Stats.
(4) "Marketing order" means a marketing order
				  created or proposed under ch. 96, Stats.
(5) "Secretary" means the secretary of the
				  department of agriculture, trade and consumer protection.
(6) "Sponsor" means a person submitting a
				  request or petition for the adoption, amendment or repeal of a marketing
				  order.
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 140.10 - Rulemaking proceedings

Current through June 24, 2024
Proceedings to adopt, amend or repeal a marketing order
					 shall be conducted as rulemaking proceedings under ch. 227, Stats., except as
					 otherwise provided in ch. 96, Stats. Every proposal to adopt, amend or repeal a
					 marketing order shall be prepared in the form of a proposed order of the
					 department adopting, amending or repealing rules under ch. 227,
					 Stats.
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 140.11 - Decision to initiate proceedings

Current through June 24, 2024
The secretary may, in consultation with the board of
					 agriculture, trade and consumer protection, initiate proceedings to adopt,
					 amend or repeal a marketing order. To initiate proceedings, the secretary shall
					 hold a public hearing on the proposal, as provided under ss.
					 96.05
					 and
					 96.06, Stats.,
					 and this subchapter. The decision to initiate proceedings may be made in
					 response to a petition under s.
					 96.05(2),
					 Stats., or on the secretary's own motion. A decision to proceed on the
					 secretary's own motion may be made in response to a request by any person. A
					 decision to initiate proceedings shall be made in writing, and set forth the
					 basis for the decision. A decision to initiate proceedings may be withheld
					 until the sponsors of a proposal have complied with any requirements
					 established by the secretary under s.
					 ATCP
					 140.13.
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 140.12 - Refusal to initiate proceedings; denial of petition or request

Current through June 24, 2024
(1) The
				  secretary may deny a petition under s.
				  96.05(2),
				  Stats., if the secretary determines that the proposal does not effectuate the
				  declared policy of ch. 96, Stats., or exceeds the purposes or limitations of
				  ch. 96, Stats. The secretary's decision to deny a petition shall be made in
				  consultation with the board of agriculture, trade and consumer protection. If a
				  petition under s.
				  96.05(2),
				  Stats., is denied, the secretary shall publish notice setting forth the
				  specific reasons for the denial, as provided in s.
				  96.05,
				  Stats. If denied, the petition may not be reconsidered by the secretary for a
				  period of one year from the date of notice of the denial.
(2) If a proposal to adopt, amend or repeal a
				  marketing order is not received in the form of a petition under s.
				  96.05(2),
				  Stats., the proposal may be summarily denied by the secretary, with or without
				  a written or published explanation. The denial of a proposal does not preclude
				  the secretary from reconsidering the proposal within one year of the denial,
				  except as provided under sub. (1).
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 140.14 - Hearing draft proposal; format

Current through June 24, 2024
(1) If a decision
				  is made to initiate proceedings for the adoption, amendment or repeal of a
				  marketing order, a hearing draft including a proposed voting requirement shall
				  be prepared by the department in the form required for administrative rules
				  under s.
				  227.14,
				  Stats. The proposal submitted by the sponsors of a marketing order may be
				  modified by the department to conform with ch. 96, Stats., this chapter and
				  other applicable law. The hearing draft of a proposed order adopting, amending
				  or repealing a marketing order shall be submitted to the legislative council
				  staff for review prior to hearing, as provided in s.
				  227.15,
				  Stats.
(2) To the maximum extent
				  feasible, consistent with the objectives of each proposal, the department shall
				  maintain a consistency of terms, provisions, organization and drafting style
				  between marketing orders. Terms defined in s.
				  96.01,
				  Stats., shall be used consistently in every marketing order. The following
				  terms shall be used consistently in marketing orders and when used shall have
				  the following meanings:
(a)
				  "Producer-handler" means an affected producer who sells the affected commodity
				  to a nonresident handler.
(b)
				  "Nonresident handler" means a handler who takes title to the affected commodity
				  outside of this state.
(c)
				  "Transfer of title" means the passing of title from seller to buyer as provided
				  in s.
				  402.401,
				  Stats., or as otherwise provided under a written sales agreement.
(d) "Assessment due" means an assessment for
				  which a producer, handler or producer-handler has incurred a specific legal
				  obligation of payment under the marketing order.
(e) "Assessment payable" means an assessment
				  due for which the time specified for payment under the marketing order has
				  arrived. An assessment becomes payable on the payment date prescribed under the
				  marketing order.
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 140.15 - List of affected producers or handlers; compilation prior to hearing

Current through June 24, 2024
If a decision is made to initiate proceedings for the
					 adoption, amendment or repeal of a marketing order, the secretary shall
					 establish a current list of producers and handlers who will be affected by the
					 proposal, as provided in s.
					 96.05(3)
					 through (5), Stats. The list shall be used in
					 determining whether the proposal to adopt, amend or repeal a marketing order is
					 approved in a referendum of producers and handlers, as provided in s.
					 ATCP 140.19. The list
					 shall be established and updated using the procedures under s.
					 96.05(3)
					 through (5), Stats., before any notice of
					 public hearing is issued on the proposal.
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 140.16 - Hearing notices

Current through June 24, 2024
Notice of hearing on any proposal to adopt, amend or repeal
					 a marketing order shall be given as provided under ss.
					 96.06 and
					 227.17, Stats.
					 The department may issue such press releases or public announcements concerning
					 the hearings as it may consider appropriate. The times and places of hearing
					 shall be determined at the discretion of the secretary and be included in the
					 hearing notice. The hearing notice may also specify a deadline date after the
					 conclusion of the hearings for filing written comments on the proposal. Written
					 comments received on or before the deadline date shall be included in the
					 hearing record.
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 140.17 - Hearing

Current through June 24, 2024
Hearings on any proposal to adopt, amend or repeal a
					 marketing order shall be conducted as rulemaking hearings, pursuant to ss.
					 96.06(2)
					 and
					 227.18,
					 Stats. Nothing in this chapter or ch. 96, Stats., shall be construed as
					 requiring a contested case hearing within the meaning of ch. 227,
					 Stats.
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 140.18 - Decision after hearing

Current through June 24, 2024
(1) Following hearing on a proposal to adopt,
				  amend or repeal a marketing order, the secretary shall make and publish a
				  decision on the proposal, as provided under s.
				  96.07, Stats., in
				  consultation with the board of agriculture, trade and consumer protection. The
				  decision shall be issued within 45 days after close of the hearing record, and
				  shall set forth the factual basis and rationale for the decision, including the
				  findings or determinations required under sub. (2). The decision shall
				  determine:
(a) Whether the proposal is
				  denied, or advanced to a referendum of affected producers or handlers under s.
				  ATCP 140.19. No
				  proposal may be advanced to a referendum unless the secretary makes findings or
				  determinations as provided in s.
				  96.07(1) (a) through
				  (c), Stats.
(b) Whether, and how the proposal will be
				  modified for referendum. The decision shall include the complete text of the
				  final proposal to be submitted to referendum. Changes from the hearing draft
				  proposal shall be clearly noted.
(c) The voting requirement to be used in
				  determining whether the proposal is approved or disapproved upon referendum.
				  The voting requirement shall be chosen from among the alternatives set forth
				  under s.
				  96.08,
				  Stats., and may be different from the voting requirement requested by the
				  sponsors or included in the hearing draft. 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. Bloc voting is permitted in connection with the
				  voting requirements under s.
				  96.08(1)
				  (b) 1, 3., 5., and 6., Stats. Bloc voting is
				  not permitted in connection with the voting requirements under s.
				  96.08(1) (b)
				  2 or 4., Stats.
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 140.21 - Producer and handler assessments; rate adjustments

Current through June 24, 2024
(1) Producer and
				  handler assessments shall be levied at the rates established in the marketing
				  order. A marketing order may provide for a variable assessment rate, to be
				  determined annually by the marketing board, provided the annual rate does not
				  exceed a maximum rate established in the marketing order. An annual adjustment
				  in the variable assessment rate may be made by the marketing board, without a
				  rule amendment under ch. 227, Stats., if approved by a two-thirds vote of the
				  marketing board and by the secretary. If approved by the secretary, the
				  adjusted assessment rate shall take effect on the first day of the marketing
				  board's next fiscal year, provided the marketing board gives notice to affected
				  producers and handlers as required under sub. (3).
(2) No adjustment of a variable assessment
				  rate is effective unless approved by the secretary. A proposed adjustment
				  approved by the marketing board shall be referred to the secretary at least 60
				  days before the adjustment is intended to take effect, unless the 60 day
				  advance referral requirement is waived by the secretary. The proposal shall be
				  accompanied by a written justification of the adjustment, and by an annual
				  budget proposal which reflects the adjustment. The secretary shall approve or
				  disapprove a proposed adjustment within 30 days after receipt. Pursuant to s.
				  96.11(2),
				  Stats., the secretary may disapprove a proposed assessment rate adjustment if
				  the secretary determines that the adjustment violates ch. 96, Stats., or the
				  marketing order.
(3) No adjustment
				  of a variable assessment rate is effective unless the marketing board mails
				  written notice of the adjustment to affected producers and handlers at least 30
				  days prior to the scheduled effective date, unless this requirement is waived
				  by the secretary. Notice shall be mailed to every producer or handler who paid
				  an assessment during the fiscal year in which the adjustment is
				  approved.
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 140.31 - Marketing agreement provisions

Current through June 24, 2024
A marketing agreement may include only those provisions
					 enumerated under s.
					 96.04(2),
					 Stats. A marketing agreement may not include any provision which is authorized
					 solely for marketing orders under s.
					 96.03(2),
					 Stats. Marketing agreement fees collected by the department under s.
					 96.04(2)
					 (f), Stats., and s.
					 ATCP
					 140.33 may be used only to compensate the department
					 for costs incurred by the department in the administration and enforcement of
					 the marketing agreement. Fees may not be used for any other
					 purpose.
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 140.32 - Marketing agreement councils

Current through June 24, 2024
(1) GENERAL. The
				  secretary shall appoint a marketing agreement council if a council is
				  authorized by the marketing agreement. The marketing agreement shall specify
				  the number of council members and all requirements related to their selection,
				  term of office, and duties. Duties of a marketing agreement council shall
				  include, but not be limited to those set forth in s.
				  96.09(2),
				  Stats.
(2) QUALIFICATIONS. A
				  marketing agreement council member shall be an affected producer or handler who
				  has assented to the marketing agreement. A new council member shall be
				  appointed to fill the unexpired portion of the term of office of any council
				  member who fails to meet the qualifications for serving on the
				  council.
(3) TERM OF OFFICE. Each
				  marketing agreement shall set forth the term of office for marketing agreement
				  council members. A term of office may be not less than one nor more than 4
				  years. Initial terms of office may extend for varied lengths of time to allow
				  for regular staggered terms over the duration of the marketing
				  agreement.
(4) NOMINATIONS.
				  Procedures for nominating affected producers or handlers for appointment to the
				  council may be set forth in the marketing agreement or by the secretary. The
				  call for nominations shall be published by the secretary at least 14 days prior
				  to the deadline date for filing of nominations. The call for nominations shall
				  be published in a statewide press release issued by the department. An advance
				  notice, announcing the impending call for nominations, shall also be published
				  in a statewide press release, issued at least 10 days prior to the publication
				  of the call for nominations. The department may publish additional notices to
				  specifically affected areas or persons. Nominations shall be filed with the
				  secretary within the time period specified in the call for
				  nominations.
(5) APPOINTMENTS. The
				  secretary may appoint members to the marketing agreement council from those
				  persons nominated in accordance with sub. (4).
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 140.33 - Marketing agreement administration; fees

Current through June 24, 2024
The department shall administer every marketing agreement
					 adopted under ch. 96, Stats. Pursuant to s.
					 96.04(2)
					 (f), Stats., every marketing agreement shall
					 include provisions for the collection of fees from affected producers or
					 handlers as reimbursement for costs incurred by the department in the
					 administration and enforcement of the marketing agreement. A written schedule
					 of fees shall be established by the secretary, and distributed to affected
					 producers or handlers. Fees shall be assessed against affected producers or
					 handlers on an equitable basis. Fees may include reimbursement for general
					 overhead and operating expenses of the department which are reasonably
					 attributable to the administration of the marketing agreement. Affected
					 producers or handlers shall be liable for the payment of fees in the manner set
					 forth in the marketing agreement. Fees due from affected producers or handlers
					 under any marketing agreement shall constitute a personal debt of the producer
					 or handler, collectable pursuant to s.
					 96.17,
					 Stats. The department shall notify producers or handlers of changes in a fee
					 schedule at least 60 days prior to the beginning of the fiscal year in which
					 the change becomes effective.
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 140.34 - Records and audits

Current through June 24, 2024
The department shall keep separate records of all fees
					 received and deposited and all expenses incurred in the administration of each
					 marketing agreement. The department shall prepare an annual operating
					 statement, and review annually all receipts and expenses for each marketing
					 agreement. A copy of the annual operating statement shall be made available to
					 affected producers or handlers within 120 days after the close of the fiscal
					 year.
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 140.35 - Suspension of marketing agreements

Current through June 24, 2024
The secretary may suspend a marketing agreement if after
					 public hearing, the secretary determines that the marketing agreement cannot be
					 reasonably enforced, or is contrary to the purposes of ch. 96,
					 Stats.
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 140.40 - Articles of incorporation and bylaws

Current through June 24, 2024
Every marketing board shall adopt articles of incorporation
					 and bylaws, as provided in s.
					 96.10(3),
					 Stats. Proposed articles of incorporation, bylaws, and amendments to bylaws
					 shall be developed in consultation with the secretary, and shall be submitted
					 to the secretary for review prior to final adoption. No articles of
					 incorporation may be filed with the department of financial institutions or
					 become effective until approved by the secretary. The secretary may disapprove
					 proposed articles of incorporation or bylaws if the secretary determines that
					 the proposed articles of incorporation or bylaws are inconsistent with ch. 96,
					 Stats., the marketing order or this chapter, or otherwise violate applicable
					 law. No articles of incorporation may be approved by the secretary until the
					 articles of incorporation meet the requirements of s.
					 96.10(3),
					 Stats., and s.
					 ATCP
					 140.49(6) concerning procedures for
					 assuring the confidentiality of business information.
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 140.41 - Written operating procedures; general

Current through June 24, 2024
(1) Every marketing
				  board shall adopt written operating procedures to govern essential operations
				  of the marketing board, including the procedures required under sub. (2).
				  Operating procedures may be adopted as bylaws. Proposed operating procedures
				  shall be filed with the secretary for review prior to adoption by a marketing
				  board. Operating procedures shall conform to ch. 96, Stats., the marketing
				  order and this chapter.
(2) The
				  written operating procedures of a marketing board shall include provisions for:
(a) Receiving and depositing
				  assessments.
(b) Collecting
				  assessments from producers and handlers, pursuant to s.
				  ATCP
				  140.51.
(c) Receiving and acting upon requests by
				  producers or handlers for assessment refunds pursuant to s.
				  ATCP
				  140.50, if the marketing order provides for
				  refunds.
(d) Developing and
				  adopting annual budgets and approving expenditures, pursuant to ss.
				  ATCP 140.42 and
				  140.45.
(e) Soliciting and evaluating project
				  proposals, and reviewing the progress and results of projects funded by the
				  marketing board.
(f) Protecting the
				  confidentiality of business information pertaining to producers and handlers
				  under s.
				  ATCP
				  140.49(6). This is in addition to
				  procedures required to be set forth in the articles of incorporation under s.
				  96.10(3),
				  Stats.
(g) Monitoring compliance
				  with the marketing order by producers and handlers, reviewing compliance
				  problems, and referring compliance problems to the department for appropriate
				  action pursuant to ch. 96, Stats., and this chapter.
(h) Preparing and disseminating the annual
				  report of the marketing board, pursuant to s.
				  ATCP
				  140.46(4).
(i) Calling for nominations to fill a
				  membership vacancy on the marketing board, pursuant to ch. 96, Stats., this
				  chapter and the marketing order.
(j) The custody, handling and disposition of
				  marketing board documents and records, pursuant to s.
				  ATCP
				  140.49.
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 140.42 - Annual budget

Current through June 24, 2024
(1) REQUIREMENT. Every marketing board shall
				  adopt a budget for each fiscal year. The budget shall comply with the
				  requirements of this section. The marketing board shall adopt and file the
				  budget with the secretary prior to the start of the fiscal year, or prior to
				  contracting for any expenditure which was not contracted for during the
				  preceding fiscal year. The fiscal year shall begin on July 1 of each year
				  except as otherwise provided in the marketing order or bylaws of the marketing
				  board. The marketing board may not expend or contract for the expenditure of
				  moneys until the budget is filed, unless the expenditures were properly
				  contracted for during the preceding fiscal year. No expenditure may be made or
				  committed by a marketing board except pursuant to a budget filed under this
				  subsection, except as provided under sub. (6). A marketing board may continue
				  to meet normal administrative operating and overhead expenses and prior
				  contractual obligations pending the timely filing of its budget and pending
				  review of the budget by the secretary under sub. (4).
(2) CONTENTS. The marketing board's annual
				  budget shall include:
(a) A statement of
				  projected annual receipts, including a separate statement of each of the
				  following:
1. Projected receipts from
				  producer and handler assessments, and the specific assumptions or methods by
				  which the projection was derived.
2. Surplus receipts carried over from the
				  preceding fiscal year, if any.
3.
				  Other projected receipts, if any, and the sources of the receipts.
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 140.43 - Record of expenditures

Current through June 24, 2024
Every marketing board shall maintain a written or
					 retrievable computerized record of each expenditure of moneys by the marketing
					 board. The record shall identify the amount of the expenditure, the recipient,
					 and the purpose for which the expenditure was made. Records shall be kept on
					 file by the marketing board for at least 7 years, and be made available for
					 inspection, copying and audit by the department. Upon termination of a
					 marketing order, all records shall be filed with the
					 department.
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 140.44 - Written contracts

Current through June 24, 2024
(1) REQUIREMENT. All expenditures of
				  marketing board funds shall be made pursuant to a written contract or purchase
				  order, except for budgeted expenditures for employee salaries, supplies, travel
				  expenses, and other overhead and operating expenses incurred by a marketing
				  board in the ordinary course of its operations.
(2) CONTENTS. Every contract or purchase
				  order under this section shall include:
(a)
				  The names and addresses of the contracting parties.
(b) A specific description of the materials
				  to be provided, or the services to be performed under the contract or purchase
				  order.
(c) The time period for
				  contract performance.
(d) The
				  amount to be paid by the marketing board under the contract or purchase order,
				  the time of payment, and any applicable terms and conditions of payment. If a
				  contract or purchase order provides for payment out of funds receivable by a
				  marketing board in any future fiscal year, other than the current budgeted
				  fiscal year, the contract or purchase order shall be made contingent on the
				  availability of revenues for the contract or purchase order in the future
				  fiscal year.
(e) A provision
				  whereby the contractor agrees to provide documentation which may be reasonably
				  necessary for the marketing board to review contract performance. The secretary
				  may direct a marketing board to review a contractor's contract performance, and
				  provide answers to specific questions asked by the secretary. Marketing boards
				  may be audited by the department at the discretion of the secretary to
				  determine whether expenditures under contracts executed by the marketing board
				  are in accordance with s.
				  ATCP
				  140.47 or ch. 96, Stats.
(f) Any other provision which the secretary
				  may require prior to the execution of a contract or purchase order, including a
				  provision requiring a contractor to:
1.
				  Maintain segregated accounts for moneys received from a marketing board, if
				  necessary, to assure that expenditures are made in accordance with ch. 96,
				  Stats., and s.
				  ATCP
				  140.47.
2.
				  Use generally accepted accounting principles when accounting for moneys
				  received from a marketing board.
3.
				  Adhere to specified restrictions on the use of funds, in accordance with s.
				  ATCP
				  140.47 or other applicable law.
4. File interim and final reports with the
				  marketing board on contract performance.
5. File with the marketing board a copy of
				  the contractor's annual financial statement or security for
				  performance.
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 140.45 - Expenditure authorizations

Current through June 24, 2024
(1) PERSONS
				  AUTHORIZED. No person may expend, or contract for the expenditure of moneys on
				  behalf of a marketing board except under a direct written delegation of
				  authority from the marketing board. Upon request by the secretary, a marketing
				  board shall identify every person who is authorized to expend or contract for
				  the expenditure of moneys on behalf of the marketing board.
(2) APPROVAL OF EXPENDITURES. No person,
				  including any person authorized under sub. (1), may expend or contract for the
				  expenditure of moneys on behalf of a marketing board unless the expenditure has
				  been specifically approved by the marketing board. Procedures for the approval
				  of expenditures shall be set forth in the bylaws of the marketing board. A
				  marketing board may, by means of a budget authorization, grant prospective
				  approval for routine overhead or operating expenditures, and may delegate
				  authority to a bonded officer or employee to make individual payments or
				  expenditures pursuant to the budget authorization. The budget authorization
				  shall specify the nature of the authorized expenditures, the maximum total
				  expenditure authorized in each expenditure subcategory, and the time period to
				  which the authorization is applicable. The marketing board shall adopt bylaws
				  or written procedures for the exercise of delegated expenditure authority by a
				  bonded officer or employee, including any required requisition and voucher
				  procedures.
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 140.46 - Accounting systems; audits; reports

Current through June 24, 2024
(1) ACCOUNTING
				  SYSTEM. Every marketing board shall maintain a complete accounting system for
				  the management of marketing board receipts and expenditures. Accounting
				  procedures shall conform to generally accepted accounting principles.
				  Accounting systems shall provide for the periodic generation of balance sheets,
				  income statements, statements of account balances, and other indicators of
				  marketing board financial position. A marketing board shall provide the
				  secretary with such reports of a marketing board's financial position as the
				  secretary may require.
(2) AUDITS.
(a) Marketing board receipts, expenditures,
				  accounts and fiscal operations shall be independently audited on an annual
				  basis by a certified public accountant, in accordance with generally accepted
				  accounting and audit principles. The audit shall include a review of compliance
				  with applicable law, and with the established bylaws and procedures of the
				  marketing board. The results of the audit shall be filed with the secretary
				  within 120 days after the end of the marketing board's fiscal year.
(b) Marketing board receipts, expenditures,
				  accounts, fiscal operations, and all other records and operations of a
				  marketing board may be audited by the department at any time, for the purpose
				  of ascertaining compliance with applicable law. The department may exercise its
				  authority under ch. 93, Stats., in support of its audit.
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 140.48 - Administrative services provided by department

Current through June 24, 2024
(1) Pursuant to s.
				  96.10(5),
				  Stats., a marketing board may request the department to provide administrative
				  services to the marketing board in the administration of a marketing order.
				  This does not prohibit a marketing board from employing its own staff, or
				  contracting with other persons for the provision of administrative services to
				  the marketing board. Administrative services provided by the department may
				  include accounting, clerical, financial, managerial, printing and secretarial
				  services. A marketing board shall reimburse the department for all costs
				  incurred by the department, pursuant to a written contract between the
				  marketing board and the department. Reimbursed costs shall include overhead and
				  operating costs which may be reasonably attributed to the administrative
				  service. The department shall record and account for all administrative service
				  costs incurred by the department, according to generally accepted accounting
				  principles.
(2) All contracts or
				  agreements for the provision of administrative services to a marketing board
				  shall be in writing. Contracts under this subsection shall comply with s.
				  ATCP 140.44.
				  Contracts with the department need not comply with s.
				  ATCP 140.44(2)
				  (e). This subsection does not require a
				  marketing board to have written contracts with its employees.
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 140.50 - Refund of assessments

Current through June 24, 2024
If a marketing order provides for the refund of producer
					 assessments pursuant to s.
					 96.13(2),
					 Stats., the marketing board shall adopt written forms and procedures to be used
					 by affected producers in filing refund claims. Claim forms shall be promptly
					 mailed to producers or handlers upon request. Refund procedures shall comply
					 with s.
					 96.13(2),
					 Stats. No refund may be paid on a claim which is filed with the marketing board
					 more than 90 days after the assessment became due and
					 payable.
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 140.52 - Marketing board code of ethics

Current through June 24, 2024
No member, employee or agent of a marketing board
					 may:
(1) Use his or her position with
				  the marketing board, or the prestige or influence of that position, to obtain
				  financial gain or anything of substantial value for his or her private benefit,
				  or for the benefit of his or her immediate family, or an organization with
				  which he or she is associated. Financial gain, for purposes of this paragraph,
				  does not include salaries or other normal compensation received from the
				  marketing board by the employee, agent or marketing board member.
(2) Solicit or accept from any person or
				  organization, directly or indirectly, anything of value if the thing of value:
(a) Could reasonably be expected to influence
				  the actions or judgment of the marketing board member, employee or agent, in
				  his or her capacity as a member, employee or agent of a marketing board;
				  or
(b) Could reasonably be
				  considered as a reward for any action or inaction by the marketing board
				  member, employee or agent, acting in his or her capacity as a member, employee
				  or agent of the marketing board.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 141 - Cherry Marketing Order › Section ATCP 141.01 - Definitions

Current through June 24, 2024
As used in this chapter, unless the context requires
				  otherwise:
(1) "Affected producer"
				means an individual, partnership, corporation, or other business entity engaged
				in the production of cherries in Door or Kewaunee counties, and in the sale of
				at least 2,000 pounds of cherries for processing in a crop year.
(2) "Cherries" means all varieties of
Prunus cerasus.
(3) "Handler" means any person, including a
				producer, performing any of the functions of processing red tart
				cherries.
(4) "Processing" means
				the operation of canning, packing, freezing, preserving, extracting juice, or
				otherwise preparing red tart cherries for marketing in any form other than for
				fresh consumption.
(6) "Marketing
				board" or "board" means a ch. 181, Stats., non-stock corporation consisting of
				affected producers elected to serve as board members and having the duties
				described in this order.
(7)
				"Producer-handler" means an affected producer who sells cherries to a
				non-resident handler.
(8)
				"Secretary" means the secretary of the state of Wisconsin department of
				agriculture, trade and consumer protection.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 141 - Cherry Marketing Order › Section ATCP 141.02 - Purpose

Current through June 24, 2024
(1) The primary objective of this marketing
				order is to maintain and expand sales of red tart cherries. This includes
				developing new products and new markets; improving methods and practices
				related to producing, processing or marketing of cherries; and providing
				educational programs for producers, handlers or consumers.
(2) Funds collected under this order may be
				used by the marketing board to meet one or more of the objectives described in
				this order including advertising and promotion, market research and
				development, industrial research and educational programs. Funds may be used by
				the marketing board to jointly sponsor projects with any private or public
				organization to meet the objectives of this order.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 141 - Cherry Marketing Order › Section ATCP 141.03 - Districts

Current through June 24, 2024
(1) The area of the state to which this order
				applies shall be divided into 2 districts for the purposes of electing affected
				producers to the marketing board. The following regions of the state shall
				initially constitute the respective districts.
(a) District 1. That portion of Door county
				north of the town of Sevastopol.
(b) District 2. That portion of Door county
				south of and including the town of Sevastopol and all of Kewaunee
				county.