Section 140.21. Producer and handler assessments; rate adjustments.

 

(1)  Producer and handler assessments shall be levied at the rates established in the marketing order. A marketing order may provide for a variable assessment rate, to be determined annually by the marketing board, provided the annual rate does not exceed a maximum rate established in the marketing order. An annual adjustment in the variable assessment rate may be made by the marketing board, without a rule amendment under ch. 227 , Stats. , if approved by a two-thirds vote of the marketing board and by the secretary. If approved by the secretary, the adjusted assessment rate shall take effect on the first day of the marketing board's next fiscal year, provided the marketing board gives notice to affected producers and handlers as required under sub. (3) .

(2)  No adjustment of a variable assessment rate is effective unless approved by the secretary. A proposed adjustment approved by the marketing board shall be referred to the secretary at least 60 days before the adjustment is intended to take effect, unless the 60 day advance referral requirement is waived by the secretary. The proposal shall be accompanied by a written justification of the adjustment, and by an annual budget proposal which reflects the adjustment. The secretary shall approve or disapprove a proposed adjustment within 30 days after receipt. Pursuant to s. 96.11 (2) , Stats., the secretary may disapprove a proposed assessment rate adjustment if the secretary determines that the adjustment violates ch. 96 , Stats. , or the marketing order.

(3)  No adjustment of a variable assessment rate is effective unless the marketing board mails written notice of the adjustment to affected producers and handlers at least 30 days prior to the scheduled effective date, unless this requirement is waived by the secretary. Notice shall be mailed to every producer or handler who paid an assessment during the fiscal year in which the adjustment is approved.

History: Cr. Register, November, 1985, No. 359 , eff. 12-1-85.