Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 140 - Marketing
Chapter ATCP 141 - Cherry Marketing Order
Section ATCP 141.06 - Assessments
Current through February 26, 2024
(1) Each affected producer in the first crop year for which the marketing order is effective shall be liable for an assessment of two-tenths of one cent ($0.002) per pound net weight on all pitting cherries sold to a handler. Thereafter the marketing board shall annually determine the rate of assessment to be levied and collected but in no event shall it exceed five-tenths of one cent ($0.005) per pound net weight on all pitting cherries sold to a handler. The assessment rate on cherries used for juice purposes shall be determined annually by the board but in no event shall it be more than one-half the assessment rate on pitting cherries. The net weight of cherries subject to assessment shall be determined on the basis of scale tickets, invoices, bills of lading, or other sales or shipping documents, or any combination of the above.
(2) Assessments shall be collected by handlers or deducted from amounts due affected producers and shall become due to the marketing board at the time title to the cherries is transferred from affected producers to handlers.
(3) When cherries are sold by affected producers to non-resident handlers, affected producers shall be deemed to be producer-handlers acting on their own behalf, and assessments shall be due to the marketing board at the time title to the cherries is taken by the non-resident handler.
(4) Assessments shall be payable to the marketing board on or before November 1 of the year in which assessments became due in accordance with procedures specified by the marketing board.
(5) When cherries are stored by affected producers under a federal reserve pool, the cherry administrative board shall be deemed to be a handler. Assessments shall be due to the marketing board under this subsection on the date when the cherries are released by the cherry administrative board and payable 180 days from when the assessments are due.
(6) The secretary shall have the authority to audit records of handlers, producers, or their agents only as necessary to ensure compliance with this section.
