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

Universal Citation: WI Admin Code § ATCP 140.41

Current through February 24, 2025

(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.

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