Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 140 - Marketing
Chapter ATCP 148 - Ginseng marketing order
Section ATCP 148.04 - Marketing board

Universal Citation: WI Admin Code ยง ATCP 148.04

Current through August 26, 2024

(1) MEMBERSHIP; INITIAL ELECTION. A ginseng marketing board consisting of 7 producers is established to administer this order. Board members shall be nominated and elected as prescribed in s. 96.10(1), Stats., and s. ATCP 140.20. Board members shall be elected on an at large basis, by vote of eligible affected producers. In the initial election, the 7 nominees receiving the highest number of at large votes shall be elected as marketing board members for staggered terms, as provided in sub. (2).

(2) TERM OF OFFICE. For the initial election of marketing board members, the 2 board members receiving the highest number of votes shall hold office for a period of 3 years. The 3 board members receiving the third, fourth and fifth highest number of votes shall hold office for a period of 2 years. The 2 board members receiving the sixth and seventh highest number of votes shall hold office for a period of one year. All subsequent elections to the marketing board shall be for 3-year terms.

(3) SUBSEQUENT ELECTIONS. Not later than 90 days prior to the expiration of a marketing board member's term of office, the marketing board shall issue a call for nominations for the election of the succeeding marketing board member. Nominations shall be filed not later than 60 days before the marketing board member's term of office expires. The election of a succeeding marketing board member shall be held prior to the expiration of a marketing board member's term of office. If no nominations are made by producers within the time specified in a call for nominations, the secretary or marketing board may extend the time period within which nominations may be filed.

(4) ELIGIBILITY TO HOLD OFFICE; APPOINTMENTS TO FILL VACANCIES. A marketing board member is no longer eligible to continue in office if, at any time during his or her term in office, the marketing board member ceases to be an affected producer. If a marketing board member ceases to be an affected producer, his or her position on the marketing board becomes vacant. If a vacancy occurs on the marketing board for any reason, the marketing board shall appoint an affected producer to serve the remainder of the unexpired term of office.

(5) DUTIES. The duties of the marketing board shall include the following:

(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 develop procedures for collecting assessments used in funding programs and the administration of this order.

(g) To collect information and data only as necessary for proper administration of this order.

(h) To determine how funds collected under the marketing order are to be allocated.

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

(j) 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.

(k) To comply with all applicable provisions of ch. 96, Stats., and ch. ATCP 140.

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