(1) SELECTION. Every marketing order issued pursuant to this chapter shall provide for the establishment of a marketing board. If the marketing order affects directly only producers of a particular commodity, the members of the board shall be producers. If the marketing order affects directly only handlers of a particular commodity, the members of the board shall be handlers. If the marketing order affects directly both producers and handlers of a particular commodity, the board shall be composed of both producers and handlers. Each marketing order shall prescribe the representation on the board of affected parties. Each marketing order shall also prescribe the number and term of office of board members, the time limits within which nominations for the election of board members are to be filed and elections held and the manner in which vacancies are filled. Board members may be elected for staggered terms as specified in the marketing order. Persons who will serve on the board shall be selected by the affected producers and handlers by secret ballot according to area, size or any other measure providing for fair representation, as determined by the secretary, from a list of persons whose nominations have been filed with the secretary. Notice of the secretary’s decision under s. 96.07, with respect to the issuance of a marketing order, shall contain a call for nominations and limit the time within which they can be filed. No marketing order may take effect until a marketing board has been elected. Nominations shall be signed by at least 5 persons qualified to vote for the candidates. (2) DUTIES. The duties of a marketing board shall include but not be limited to the following: (a) To develop and recommend to the secretary administrative rules relating to the marketing order. (b) To receive, evaluate and report to the secretary complaints of violations of the marketing order. (c) To recommend to the producers and handlers directly affected by the marketing order or to the secretary amendments to the marketing order. (d) To develop procedures for assessments and for the collection of funds to cover expenses incurred in carrying out the programs and the administration of the marketing order. (e) To collect such information and data as necessary for the proper administration of the order. (f) To determine how the funds collected under the order are to be allocated in accordance with this chapter and the provisions of the order. (g) To prepare annually a report on the operation of the order for the previous marketing year. (3) INCORPORATION. A marketing board shall incorporate under ch. 181 as a nonstock, nonmember corporation. The articles of incorporation shall be within the purposes and limitations of this chapter and the marketing order. The articles of incorporation and any amendment may not become effective until approved by the secretary. The secretary may not approve the articles of incorporation until the secretary finds that it contains procedures that are adequate to preserve the confidentiality of any information relating to the businesses of affected producers and handlers that is obtained under this chapter or the order. The marketing board shall adopt bylaws and amendments to the bylaws in consultation with the secretary. (4) BONDING. The marketing board shall maintain a bond on its officers and employees in an amount of not less than 50 percent of the annual operating budget of the order. (5) ADMINISTRATIVE SERVICES. The marketing board may request the department to provide administrative services for the order. If requested, the department shall provide the services needed and the board shall reimburse the department for all of the costs incurred by the department in providing the services. (6) NATURE OF A MARKETING BOARD. A marketing board elected under an order is not a board under s. 15.07 and shall be governed exclusively by this chapter.
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