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
Universal Citation: WI Admin Code § ATCP 140.13
Current through February 24, 2025
(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.
(2) Sponsors of a proposal to adopt, amend or repeal a marketing order may withdraw their sponsorship at any point in the proceedings. A sponsor shall be liable for any expenses incurred by the department up to the time of the withdrawal of sponsorship. If sponsorship is withdrawn, the department may terminate the proceedings or proceed at the department's expense.
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