Wisconsin statute allows the Wisconsin Department of Agriculture, Trade and Consumer Protection to adopt marketing orders for agricultural commodities. A marketing order may impose producer assessments, which may be used to finance market research and development, industrial research or educational programs. DATCP adopts marketing orders as administrative rules, following approval in a referendum of affected producers and handlers. A producer-elected marketing board collects and spends producer assessments for purposes authorized in the marketing order.
To date, DATCP has adopted marketing orders for the following commodities:
Each marketing board is incorporated as a nonprofit corporation. Marketing boards operate independently, within the scope of their legal authority, subject to general supervision by DATCP. DATCP supervises the election of marketing boards and monitors marketing board operations for compliance with applicable statues and rules. DATCP may provide administrative services to a marketing board on a fee-for-service basis. DATCP also initiates legal action, as necessary, to collect marketing order assessments. DATCP’s Agricultural Development Division coordinates activities related to marketing boards.
Marketing board meetings are subject to the state open meetings law. Each marketing board is responsible for complying with open meeting requirements, but DATCP also publishes open meeting notices based on information provided by the marketing boards. Marketing boards are responsible for keeping their own records, including minutes of marketing board meetings, unless they contract with DATCP to supply those services. Marketing board records are subject to the state public records law.