(1) Expend, or contract for the expenditure
of moneys:
(a) For any purpose which is not
authorized under ch. 96, Stats., and the marketing order, or which is
inconsistent with ch. 96, Stats., and the marketing order.
(b) In violation of ch. 96, Stats., the
marketing order or this chapter.
(c) Whose aggregate amount exceeds the annual
receipts of the marketing board for the fiscal year in which the expenditures
occur. Annual receipts, for purposes of this paragraph, include any surplus
receipts carried over from the preceding fiscal year. This paragraph does not
prohibit a marketing board from contracting for the expenditure of anticipated
receipts during the current fiscal year in which the receipts are anticipated,
if the expenditure is budgeted and approved in compliance with ss.
ATCP 140.42 and 140.45. A marketing board shall
periodically review its projections of anticipated receipts during the fiscal
year, to determine whether the projections are accurate, and whether any
adjustment of proposed expenditures may be necessary to comply with this
paragraph.
(d) To promote or fund
any other marketing order. This does not prohibit joint funding of marketing
order projects and programs with other marketing boards.
(e) To influence state or federal legislation
or rulemaking. This does not prohibit any of the following activities, unless
the secretary determines that expenditures for activities are excessive in
relation to the purposes for which the marketing order is created:
1. The publication and distribution of
information describing the programs, activities and accomplishments of the
marketing board.
2. The publication
and distribution of information related to any proposal under subch. I for the
amendment or repeal of the marketing order, if the information is published and
distributed prior to the secretary's decision under s.
ATCP 140.18 advancing the proposed amendment or repeal to a
referendum of producers or handlers.
3. Communication by a marketing board member
or employee with any state public official or employee concerning the proposed
amendment or repeal of the marketing order, or concerning any other rulemaking
which is directly related to the marketing order.
4. The publication and distribution of
information concerning an impending advisory referendum on the marketing order,
provided that the marketing board does not directly recommend or suggest how
producers or handlers should vote in the advisory referendum.
(f) For salaries, administrative
expenses, travel expenses or personal expenses, except those which are
reasonable and necessary for the operation of the marketing board, or which are
a reasonable and necessary incident to the performance of administrative or
contract services for the marketing board.
(g) For any market development program which
makes false or unwarranted claims on behalf of an affected commodity or
disparages the quality, value, sale or use of any other agricultural
commodity.
(h) For any market
research or development program which makes reference to, or which exclusively
promotes a private brand or trade name of the affected commodity.
(2) Expend or contract for the
expenditure of moneys if the expenditure is exclusively or primarily intended
to promote an individual private interest without regard to the general
interest of producers or handlers of the affected commodity. This does not
prohibit the expenditure of moneys for the general benefit of affected
producers or handlers where the expenditure also has incidental benefits to an
individual private interest.
(3)
Make any loan or extend credit. This does not prohibit a marketing board from
depositing moneys in a savings and loan association, state bank, savings and
trust company, mutual savings bank, or national bank in this state which
receives or holds public deposits pursuant to ch. 34, Stats.
(4) Engage in the purchase or sale of
agricultural commodities. This does not prohibit limited and occasional
purchases of agricultural commodities, or limited and occasional sales of
agricultural commodities at cost, where the purchase or sale is incidental to
the conduct of a research, educational or promotional program under ch. 96,
Stats., and the marketing order.
(5) Engage in the business of selling goods
or services. This does not prohibit the occasional sale of educational or
promotional materials at cost, where the sale is incidental to the conduct of
an educational or promotional program under ch. 96, Stats., and the marketing
order.
(6) Make any gift or
gratuitous payment for which the recipient gives no bona fide
consideration.
