Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 140 - Marketing
Chapter ATCP 145 - Soybean Marketing Order
Section ATCP 145.04 - Marketing board

(a) A soybean marketing board consisting of 7 affected producers, one from each district, is established to administer this order. Board members shall reside in the district 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 later than 25 days after the date of the secretary's call for nominations, and the election held concurrently with the referendum during the period set by the secretary. A call for nominations of affected producers for subsequent election 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 expiration of the terms of office. If no nominations are made by affected producers within the specified times, the secretary or marketing board may extend the time period within which nominations may be filed.

(b) Affected producers residing in each district shall elect one affected producer from the district to serve on the marketing board. The nominee receiving the highest number of votes in the election in each district shall be the board member representing that district.

(a) For the initial terms of marketing board members, board members elected from districts one and 7 shall serve one-year terms; board members elected from districts 2 and 6 shall serve 2-year terms; and board members elected from districts 3, 4, and 5 shall serve 3-year terms.

(b) All subsequent elections to the marketing board shall be for 3-year terms.

(c) 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.

(d) If a vacancy occurs for any reason, the marketing board shall appoint an affected producer to serve the remainder of the unexpired term of office. The successor shall be from the same district in which the vacancy occurs.

(a) To adopt bylaws 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 funds collected under this order are to be allocated.

(j) To annually prepare a statement on operations of this order for the previous marketing year, including an audited financial statement prepared independently or by the secretary.

(k) To maintain a bond on its officers and employees in an amount of not less than 50% of the annual operating budget of this order.