Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 140 - Marketing
Chapter ATCP 151 - Potato marketing agreement
Section ATCP 151.11 - Fees
Current through February 26, 2024
(1) GENERAL. Each year the secretary shall, in consultation with the marketing agreement council, establish a schedule of fees and provide for the collection of fees to compensate the department for all expenses incurred in administering the agreement. Fees shall be limited to amounts necessary to cover costs of administrative services, including inspection services provided for under the agreement, and an adequate level of reserves. The secretary may use a fee schedule consisting of fixed and variable components in order to ensure recovery of the costs of administration. The secretary shall notify affected handlers of the schedule of fees to be in effect for the next year at least 60 days prior to the beginning of the marketing year.
(2) INITIAL YEAR FEES. For the first marketing year in which the marketing agreement is effective, each affected handler shall be liable to pay the fee of 1/2 cent ($0.005) per hundredweight on all potatoes inspected for the standards of the agreement. This fee shall be in addition to the inspection fee established by the department under the joint federal-state inspection agreement. Fees shall be due at the time of inspection and payable according to the terms of the joint federal-state inspection agreement. In subsequent years, each affected handler shall be liable to pay the established fee in the manner prescribed by the secretary.
(3) FIXED FEES. If the secretary establishes a fixed component of the fee, that component may be due and payable in full or in installments at the dates determined by the secretary, provided that the notice required in sub. (1) has been given to affected handlers. Fees due shall be determined on the basis of certificates of inspection.
(4) ACCOUNTING. The secretary shall provide to each affected handler within 90 days after the end of each marketing year, an itemized accounting of all expenses incurred by the department in administering the agreement.
