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 140.49 - Marketing board meetings; records

Universal Citation: WI Admin Code § ATCP 140.49

Current through February 24, 2025

(1) FILING OF MINUTES. Within 15 days after every meeting of a marketing board or a formally constituted subunit of a marketing board, the marketing board shall file complete minutes of the meeting with the secretary.

Note: Every meeting of a "governmental body" is subject to the Wisconsin open meeting law, ss. 19.81 through 19.98, Stats. Under s. 19.82(1), Stats., a "governmental body" includes a state or local "agency, board, committee, council, department or public body corporate and politic created by constitution, statute, rule or order; a governmental or quasi-governmental corporation; or a formally constituted subunit of any of the foregoing..."

(2) CUSTODY OF RECORDS; GENERAL. Every marketing board, and every officer and employee of a marketing board shall safely keep and preserve all documents and records which are lawfully in the possession or custody of the marketing board. Every marketing board shall adopt written bylaws or procedures to govern the custody, handling and disposition of marketing board documents and records. Proposed bylaws and procedures shall be filed with the secretary for review by the department prior to adoption.

Note: Under the Wisconsin public records law, ss. 19.31 through 19.35, Stats., members of the public have certain rights to inspect and copy records which are in the possession of an "authority." Under s. 19.32(1), Stats., an "authority" includes a "... board, commission, committee, council, department or public body corporate and politic created by constitution, law, ordinance rule or order ...," and also includes a "quasi-governmental corporation."

(3) DISPOSAL OF RECORDS; AUTHORIZATION. No marketing board may dispose of documents or records except under a specific records disposal policy adopted by the marketing board. The policy shall be adopted in writing, and specify the types of records for which disposal is authorized, the length of time each type of record must be kept prior to disposal, and the disposal procedures to be observed. Proposed records disposal policies shall be filed with the department for review prior to adoption. The secretary may disapprove a proposed records disposal policy if the policy may impede the administration of ch. 96, Stats., or otherwise adversely affect the public interest. No bylaw or procedure authorizing the disposal of records is effective if disapproved by the secretary.

(4) RECORDS TO BE FILED WITH DEPARTMENT UPON TERMINATION OF MARKETING ORDER. Upon termination of a marketing order, all documents and records of the marketing board shall be filed with the department.

(5) RECORDS FILED WITH DEPARTMENT; PUBLIC ACCESS.

(a) No marketing board may fail or refuse to file a document or record with the department as provided under ch. 96, Stats., or this chapter on the ground that the document or record is protected from public inspection by law. If a marketing board determines that a document or record required to be filed with the department is protected from public inspection by law, the marketing board shall give written notice to the department identifying that information which, in the opinion of the marketing board, is protected from public inspection. Notice shall further specify the legal grounds on which the information may be withheld from public inspection.

(b) The department shall promptly notify a marketing board of any public request for inspection of marketing board documents or records on file with the department, if the documents or records have been designated as confidential by the marketing board under par. (a).

(c) The department may make available to the public upon request, for inspection and copying, any marketing board documents or records which are on file with the department if the department determines that disclosure is required by law, notwithstanding the contrary request of the marketing board. In making the decision, the department shall consider the notice and request of a marketing board under par. (a). If the department determines that disclosure is required by law, the department shall give the marketing board reasonable notice prior to disclosure.

(6) CONFIDENTIAL BUSINESS RECORDS.

(a) Information obtained by a marketing board under ch. 96, Stats., relating to the individual businesses of producers and handlers shall be kept on a confidential basis, pursuant to s. 96.20(5), Stats. Confidential business information includes names and addresses or any production, sales, price or purchase data which are identifiable to an individual producer or handler, and any aggregate summary or analysis of individual business information which, if disseminated to marketing board members or others, may have the effect of restraining trade, or conferring a competitive advantage on any person. Confidential business information under this subsection shall not be disclosed either to the public or to marketing board members. This prohibition applies at all times, and is applicable during any marketing board consideration of compliance and collection problems pertaining to producers and handlers. This paragraph does not prohibit the required disclosure of confidential business information in a court proceeding, or the disclosure of confidential business information to the department pursuant to a contract for administrative services or a request for collection or enforcement action.

(b) The duty to maintain the confidentiality of business records under this subsection applies to the marketing board, the department, and all employees and agents of a marketing board, including all suppliers of administrative services to the marketing board. Every contract between a marketing board and its agent, whereby the agent may acquire access to confidential business information, shall clearly set forth the agent's duty to keep the information confidential, and include adequate procedures to insure confidentiality.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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