Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 140 - Marketing
Chapter ATCP 144 - Milk marketing order
Section ATCP 144.04 - Marketing board
Universal Citation: WI Admin Code ยง ATCP 144.04
Current through August 26, 2024
(1) MEMBERSHIP.
(a) A milk marketing board consisting of 25
affected producers, one from each district, is established to administer this
order. Board members shall reside in the district which they are elected to
represent. Board members shall be nominated and elected as prescribed in s.
96.10(1),
Stats. Notice of the secretary's decision for issuance of this marketing order
shall contain a call for nominations for election of board members to initial
terms of office. Nominations shall be filed not earlier than 75 days and not
later than 105 days after the date of the secretary's call for nominations, and
the election held within 60 days after approval of the marketing order by
referendum. A call for nominations for subsequent election of affected
producers to an expired term of office on the marketing board shall be made by
the board not later than 90 days before expiration of the term, and nominations
shall be filed not later than 60 days before the term of office expires.
Elections to fill expired terms of office shall be held within the 60-day
period preceding the expiration of the terms of office. If no nominations are
made by affected producers within the times specified, the secretary or
marketing board may nominate affected producers for election.
(b) Affected producers residing in the
various districts shall elect one affected producer from the district to serve
on the marketing board. The nominee receiving the highest number of votes in
each of the districts shall be the board member representing that
district.
(2) TERM OF OFFICE; REMOVAL; VACANCIES.
(a) In the
initial election of marketing board members, members elected from districts
one, 4, 7, 10, 13, 16, 19, 22 and 25 shall serve a one-year term; board members
elected from districts 2, 5, 8, 11, 14, 17, 20 and 23 shall serve a 2-year
term; and board members elected from districts 3, 6, 9, 12, 15, 18, 21 and 24
shall serve a 3-year term. All other elections of affected producers to the
marketing board shall be for 3-year terms.
(b) Each member of the marketing board shall
continue to be an affected producer during the term of office. Failure of a
board member to continue as an affected producer shall create a vacancy on the
marketing board.
(c) If a vacancy
occurs for any reason, the marketing board shall appoint an affected producer
as a successor to fill the unexpired term. The successor shall be from the same
district in which the vacancy occurs.
(3) DUTIES. The duties of the marketing board shall include the following:
(a) To adopt
by-laws consistent with the articles of incorporation, ch. 96, Stats., and this
order.
(b) To develop and maintain
administrative services necessary for proper administration of this
order.
(c) To protect the
confidentiality of information obtained under this order relating to the
businesses of individual producers or handlers.
(d) To develop and recommend to the secretary
administrative rules related to this order.
(e) To receive, evaluate and report to the
secretary complaints of violations of this order.
(f) To recommend to affected producers or to
the secretary amendments to this order.
(g) To develop procedures for collecting
assessments to cover expenses incurred in carrying out programs and the
administration of this order.
(h)
To collect such information and data as necessary for proper administration of
this order.
(i) To determine how
the funds collected under this order are to be allocated.
(j) To annually prepare a statement on
operations of this order, including an audited financial statement, prepared
independently or by the secretary, for the previous marketing year.
(k) To maintain a bond on its officers and
employees in an amount of not less than 50% of the annual budget of this
order.
(4) MARKETING SERVICES. The marketing board may, for the purpose of expending funds for advertising and promotion, name the American dairy association of Wisconsin as the board's marketing agent. Under this subsection, the American dairy association of Wisconsin may participate and cooperate with any public or private organization.
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