The secretary may, in consultation with the board of agriculture, trade and consumer protection, initiate proceedings to adopt, amend or repeal a marketing order. To initiate proceedings, the secretary shall hold a public hearing on the proposal, as provided under ss. 96.05 and 96.06, Stats., and this subchapter. The decision to initiate proceedings may be made in response to a petition under s. 96.05(2), Stats., or on the secretary's own motion. A decision to proceed on the secretary's own motion may be made in response to a request by any person. A decision to initiate proceedings shall be made in writing, and set forth the basis for the decision. A decision to initiate proceedings may be withheld until the sponsors of a proposal have complied with any requirements established by the secretary under s. ATCP 140.13.
Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 140.11