96.04 Marketing agreement.

(1) Applicability. A marketing agreement is applicable only to producers and handlers who assent to the agreement.

(2) Provisions. A marketing agreement entered into under this chapter may contain any of the following:

(a) Provisions for the adoption of grading and other uniform standards of identity for an affected commodity, which may include condition, size or maturity or any other specified quality.

(b) Provisions for uniform grading and inspection, or for minimum standards, of an affected commodity that is marketed in regular trade channels, except that any standard established may not be below any other minimum standard prescribed by law.

(c) Provisions relating to the correction or prohibition of trade practices which are found to be unfair under s. 100.20.

(d) Provisions that establish a minimum volume or other standard for affected producers. The agreement may define the area of the state to be covered by the agreement, which may be all or any portion of the state, and it may provide that its provisions apply to all of the affected commodity produced or marketed within that area regardless of where sold or processed.

(e) Provisions establishing minimum prices at which the affected commodity may be purchased from producers in the area. Different minimum prices may be established for various areas in the state. Provision for the automatic adjustment of minimum prices according to predetermined conditions may be included. No marketing agreement containing a provision establishing minimum prices may conflict with, or be more restrictive than, any other marketing order or agreement under state or federal law. In establishing minimum prices for an affected commodity purchased from producers, all of the following economic factors shall be taken into consideration:

1. The differing methods by which the affected commodity is produced, processed and transported.

2. Estimated costs of production and transportation, including a reasonable return on management.

3. Changes in consumption.

4. Other economic factors which substantially and directly affect supply and demand of the affected commodity.

(f) Provisions for the collection of fees to fully compensate for services needed to carry out the purposes of the agreement.

History: 1981 c. 283 ss. 8, 41.