Chapter 96, AGRICULTURAL MARKETING ACT

96.01 Agricultural marketing act; definitions. As used in this chapter: (1) “Affected commodity” means any agricultural commodity for which the production, marketing, processing, handling, sale or distribution of is included under the terms of a marketing order or marketing agree…

96.02 Policy. It is declared to be the policy of this state to promote orderly and efficient marketing of agricultural com- 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 Assessments. Collection. Refunds. Reports and accounting procedures. Rules. Application of funds…

96.03 Marketing orders. (1) APPLICABILITY. A marketing order is applicable to all producers and handlers included under the terms of the order. (2) PROVISIONS. A marketing order issued under this chapter may contain any of the following: (a) Provisions for market research and dev…

96.04 Marketing agreement. (1) APPLICABILITY. A marketing agreement is applicable only to producers and handlers who assent to the agreement. (2) PROVISIONS. A marketing agreement entered into under this chapter may contain any of the following: (a) Provisions for the adoption of…

96.05 Marketing orders and agreements; creation, amendments and termination. (1) Whenever the secretary has reason to believe that the issuance of a marketing order or agreement will effectuate the declared policy of this chapter with respect to any agricultural commodity, the se…

96.06 Notice; hearing. (1) The notice for a public hearing under s. 96.05 shall be given as provided in s. 227.17 and shall be published as a class 1 notice under ch. 985 within affected areas of the state as prescribed by the secretary. Notice shall be given not less than 10 day…

96.07 Decisions. (1) The secretary shall make and publish findings upon every material point controverted at the hearing and required by this chapter, and upon such other matters which may be relevant to the issuance, amendment or termination of a marketing order or agreement. Th…

96.08 Referendum and assent procedures. (1) MARKETING ORDER; REFERENDUM. (a) Every proposal for the creation of a marketing order shall include a proposed voting requirement from par. (b) to be used for the adoption of the proposal. The secretary shall receive testimony and evide…

96.09 Marketing agreement council. (1) The secretary may provide for the establishment of a council to assist in the administration of a marketing agreement. (2) If the secretary establishes a marketing agreement council, its duties shall include, but not be limited to the follow…

96.10 Marketing boards. (1) SELECTION. Every marketing order issued pursuant to this chapter shall provide for the establishment of a marketing board. If the marketing order affects directly only producers of a particular commodity, the members of the board shall be producers. If…

96.11 Assessments. (1) Each marketing order issued under this chapter shall provide for the levying and collection of assessments in sufficient amounts to defray the expenses incurred by the marketing board for program operations and administration of the order. Each marketing or…

96.12 Collection. To ensure the proper collection of assessments, the marketing board may require: (1) Any person subject to the assessment to give the board adequate assurance or security for its payment. (2) Every affected producer or handler subject to the assessment to deposi…

96.13 Refunds. (1) Assessments collected by the marketing board under any marketing order or as an advance deposit against the assessment shall be used by the marketing board only for the purpose of carrying out the purposes and provisions of the order, including the administrati…

96.14 Reports and accounting procedures. (1) The secretary or a marketing board may require handlers and producers of agricultural commodities to file such information and reports as may be reasonably necessary to assist in carrying out the functions under this chapter. (2) All a…

96.15 Rules. The secretary may, in consultation with the appropriate marketing board or council, issue such rules as necessary to facilitate the administration and enforcement of this chapter. History: 1981 c. 283 s. 23; Stats. 1981 s. 96.15.

96.16 Application of funds. A marketing board may invest all assessments, gifts or grants that are collected or received by the board under a marketing order after consulting with the secretary. The board may not use funds received, collected or accrued under a marketing order fo…

96.17 Nonpayment and enforcement. (1) Any due and payable assessment levied under a marketing order or under s. 96.11 (3) (a) and every sum due under either a marketing order or agreement in a specified amount shall constitute a personal debt of every person so assessed or who is…

96.18 Price fixing. Nothing contained in this chapter shall permit fixing of prices not otherwise permitted by law except as permitted under s. 96.04. History: 1973 c. 311; 1981 c. 283 s. 43; Stats. 1981 s. 96.18.

96.19 Restraint of trade. In any civil or criminal action or proceeding for violation of any rule of statutory or common law against monopolies or combinations in restraint of trade, proof that the act complained of was done in compliance with this chapter or a marketing order or…

96.20 Public record. (1) Each referendum shall be conducted by secret ballot, and the ballots and results shall be a matter of public record and open to inspection. (2) All assents filed with the department for the approval of a marketing agreement, an amendment or the terminatio…