Section ATCP 140.30 - Adoption, amendment, and repeal(1) Proceedings to adopt, amend or repeal a marketing agreement shall be conducted as rulemaking proceedings under ch. 227, Stats., in accordance with procedures set forth under ss. ATCP 140.10 through 140.20, except as otherwise provided in ch. 96, Stats., or this section.(2) No marketing agreement may be adopted until the secretary finds that at least 50% of the affected producers or handlers assent to the proposed marketing agreement. The percentage of affected producers or handlers assenting to the proposed marketing agreement shall be determined according to s. ATCP 140.19, except as provided in this section.(3) Except as provided in s. ATCP 140.35, no marketing agreement may be amended or repealed until the secretary finds that at least 50% of the current assentors to the marketing agreement have assented to the amendment or repeal. Current assentors include current affected producers or handlers who assented to the marketing agreement at the time of its adoption, or at any time subsequent to its adoption pursuant to sub. (4), and who have not withdrawn their assent. The percentage of current assentors who assent to the proposed amendment or repeal shall be determined according to the procedures under s. ATCP 140.19, except as otherwise provided under this section.(4) A marketing agreement, once adopted, is binding only upon producers or handlers who assent to the agreement. A marketing agreement shall permit eligible producers or handlers to assent to the marketing agreement at any time after the marketing agreement is adopted. A marketing agreement shall further permit assenting producers or handlers to withdraw their assent at the end of each year by giving the secretary advance notice in writing of their intent to withdraw. To be effective, notice of withdrawal shall be given to the secretary at least 30 days prior to the anniversary date of the agreement, except as otherwise provided in the marketing agreement. A withdrawal of assent shall be effective on the anniversary date of the marketing agreement, following written notice as provided in this subsection.(5) In an assent proceeding under this section, the department shall distribute assent forms on which affected producers or handlers may certify their eligibility to participate in the assent proceeding, and signify their assent to the proposed adoption, amendment or repeal of a marketing agreement. The assent forms serve in place of ballots and certificates of eligibility under s. ATCP 140.19. The secret ballot requirements of s. ATCP 140.19 do not apply to assent proceedings under this subsection.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 140.30
Cr. Register, November, 1985, No. 359, eff. 12-1-85.