Section 141.05. Applicability of order.

 

(1)   Scope. This marketing order shall be applicable to all cherries produced in Door and Kewaunee counties and sold for processing by affected producers.

(2)   Qualification. Each year the marketing board shall make a preliminary determination of whether or not producers are affected producers. The board shall specify the procedures for making the determination, which shall generally be based upon the sales of cherries by producers in the preceding crop year. The board shall make available to all handlers and producers the results of each preliminary determination prior to July 1 of each year. Each handler and producer shall submit to the board, as the board or the secretary may require, information necessary to verify the accuracy of the list of affected producers. In the event of a person's expanded production or of a producer experiencing a crop loss, the board may adjust the list of affected producers at any time based on information supplied by or on behalf of producers or handlers. For purposes of determining whether or not a producer retains voting privileges or a position on the marketing board, the board may calculate the simple average of the 3 preceding crop years to adjust for a partial or total crop loss experienced by a producer. Producers selling less than 2,000 pounds of cherries to a handler for processing in a given crop year shall in no event be subject to assessments during that crop year. Annual determinations of whether or not producers are affected producers and any adjustments made by the marketing board shall be done in a manner which preserves the confidentiality of information related to the businesses of producers or handlers except to the extent of the requirements of this subsection.

(3)   Exclusions. This marketing order is not applicable to:

(a) Sales of cherries by producers directly to consumers.

(b) Sales of cherries for processing by a producer which total less than 2,000 pounds to all handlers in a given crop year.

History: Cr. Register, June, 1984, No. 342 , eff. 7-1-84.