Section 142.03. Marketing board.

 

(1)   Membership.

(a) A cranberry marketing board consisting of 7 producers is established to administer this order. Board members shall be residents of Wisconsin. 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 later than 20 days after the secretary's call for nominations, and the election held concurrently with the referendum during the period set by the secretary. A call for nominations of 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. An election to fill any expired term of office shall be held within the 60-day period preceding expiration of the term of office. If no nominations are made by producers within the specified times, the secretary or marketing board may extend the time period within which nominations may be filed.

(b) Producers shall elect, at large, 7 affected producers to serve on the marketing board. The nominees receiving the highest number of votes in the election shall be the board members representing all other affected producers.

(2)   Term of office; removal; vacancies.

(a) For the initial election of marketing board members, the 3 board members receiving the highest number of votes shall hold office for a period of 3 years, the 2 board members receiving the fourth and fifth highest number of votes shall hold office for a period of 2 years, and the 2 board members receiving the lowest 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 unexpired term of office.

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

(a) To adopt bylaws consistent with the articles of incorporation, ch. 96 , Stats. , and this order.

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

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

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

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

(f) To recommend to producers or to the secretary amendments to this order.

(g) To develop procedures for collecting assessments used in funding programs and the administration of this order.

(h) To collect information and data only as necessary for proper administration of this order.

(i) To determine how funds collected under the marketing order are to be allocated.

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

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

History: Cr. Register, August, 1983, No. 332 , eff. 9-1-83; correction in (1) (b) under s. 35.17 , Stats. Register May 2015 No. 713 .