Section 141.04. Marketing board.

 

(1)   Membership. A cherry marketing board consisting of 5 affected producers is established to administer this order. Board members shall be elected producers. Board members shall be nominated and elected as prescribed in s. 96.10 (1) , Stats. Notice of the secretary's decision for issuance of this marketing order shall contain a call for nominations for election of board members to initial terms of office. Nominations shall be filed not earlier than 58 days and not later than 75 days after the secretary's call for nominations, and the election held within 60 days after approval of the marketing order by referendum. A call for nominations of affected producers for subsequent election to an expired term of office on the marketing board shall be made by the board not later than 90 days before expiration of the term, and nominations shall be filed not later than 60 days before the term of office expires. Elections to fill expired terms of office shall be held within the 60-day period preceding expiration of the terms of office. If no nominations are made by affected producers within the times specified, the secretary or marketing board may extend the time period within which nominations may be filed.

(2)   Term of office; removal; vacancies.

(a) The board is reconstituted as of the first election following July 1, 2015. For the initial terms of marketing board members on the reconstituted board, the board members receiving the highest and second highest number of votes shall hold office for a period of 3 years, the board members receiving the third and fourth highest number of votes shall hold office for a period of 2 years, and the board member receiving the fifth highest number of votes shall hold office for a period of one year.

(b) All subsequent elections to the marketing board shall be for 3-year terms.

(c) Each member of the marketing board shall continue to be an affected producer during the term of office. Failure of a board member to continue as an affected producer shall create a vacancy on the marketing board.

(d) If a vacancy occurs for any reason, the marketing board shall appoint an affected producer to serve the remainder of the term of office.

(3)   Duties. The duties of the marketing board shall include:

(a) Adopt by-laws consistent with the articles of incorporation, ch. 96 , Stats. , and this order.

(b) Develop and maintain administrative services necessary for proper administration of this order.

(c) Protect the confidentiality of information obtained under this order relating to the businesses of individual producers or handlers.

(d) Develop and recommend to the secretary administrative rules related to this order.

(e) Receive, evaluate, and report to the secretary complaints of violations of this order.

(f) Recommend to affected producers or to the secretary amendments to this order.

(g) Develop procedures for collecting assessments to cover expenses incurred in carrying out programs and the administration of this order.

(h) Collect such information and data as necessary for proper administration of this order.

(i) Determine how funds collected under this order are to be allocated.

(j) Prepare an annual statement on operations of this order for the previous marketing year, including an audited financial statement prepared independently or by the secretary.

(k) Maintain a bond on its officers and employees in an amount of not less than 50% of the annual budget of this order.

History: Cr. Register, June, 1984, No. 342 , eff. 7-1-84; CR 14-051 : renum. (1) (a) to (1) and am., r. (1) (b), am. (2) (a), (d) Register June 2015, No. 714 , eff. 7-1-15; CR 16-012 : am. (1) Register August 2016 No. 728 , eff. 9-1-16.