Hearing draft proposal; format

Hearing draft proposal; format.

(1) If a decision is made to initiate proceedings for the adoption, amendment or repeal of a marketing order, a hearing draft including a proposed voting requirement shall be prepared by the department in the form required for administrative rules under s. 227.14 , Stats. The proposal submitted by the sponsors of a marketing order may be modified by the department to conform with ch. 96 , Stats., this chapter and other applicable law. The hearing draft of a proposed order adopting, amending or repealing a marketing order shall be submitted to the legislative council staff for review prior to hearing, as provided in s. 227.15 , Stats.

(2) To the maximum extent feasible, consistent with the objectives of each proposal, the department shall maintain a consistency of terms, provisions, organization and drafting style between marketing orders. Terms defined in s. 96.01 , Stats., shall be used consistently in every marketing order. The following terms shall be used consistently in marketing orders and when used shall have the following meanings:

(a) “Producer-handler” means an affected producer who sells the affected commodity to a nonresident handler.

(b) “Nonresident handler” means a handler who takes title to the affected commodity outside of this state.

(c) “Transfer of title” means the passing of title from seller to buyer as provided in s. 402.401 , Stats., or as otherwise provided under a written sales agreement.

(d) “Assessment due” means an assessment for which a producer, handler or producer-handler has incurred a specific legal obligation of payment under the marketing order.

(e) “Assessment payable” means an assessment due for which the time specified for payment under the marketing order has arrived. An assessment becomes payable on the payment date prescribed under the marketing order.