Chapter 35 - Agricultural Marketing
CHAPTER 35 - AGRICULTURAL MARKETING
11-35-101. Short title; purpose of provisions.
(a) This act may be known and cited as "The WyomingAgricultural Marketing Act of 1961."
(b) It is hereby declared to be the purpose of this act to aidagricultural producers in preventing economic waste in the marketing of theiragricultural commodities, to develop more efficient and equitable methods ofmarketing of agricultural commodities and to aid agricultural producers inrestoring and maintaining their purchasing power at a more adequate, equitableand reasonable level.
11-35-102. Definitions.
(a) As used in this act:
(i) "Agricultural commodity" means any horticultural,viticultural and vegetable product, bees or honey, poultry or poultry product,sheep or wool product, either in its natural state or as a processed commoditybut does not mean livestock or livestock products other than sheep or woolproducts;
(ii) "Board" means the state board of agriculture;
(iii) "Director" means the director of the departmentof agriculture or his duly authorized representative;
(iv) "Control committee" means the appointed officerscharged with administering a marketing order;
(v) "Handler" means any person engaged in theoperation of packing, grading, selling, offering for sale or marketing any marketableagricultural commodity or who as owner, agent or otherwise ships or causes anagricultural commodity to be shipped;
(vi) "Marketing order" means an order issued pursuantto this act;
(vii) "Processor" means any person engaged in theoperation of receiving, grading, packing, canning, extracting, preserving,grinding, crushing or changing the form of an agricultural commodity for thepurpose of marketing the commodity;
(viii) "Producer" means any person engaged in thebusiness of producing or causing to be produced for marketing, any agriculturalcommodity;
(ix) "This act" means W.S. 11-35-101 through11-35-116.
11-35-103. Marketing orders; authority to issue.
Subject to the provisions of this act, theboard of agriculture may issue marketing orders within this state pertaining tothe production, processing, distributing, pricing or handling of agriculturalcommodities.
11-35-104. Marketing orders; notice and hearing; marketing agreementregulating preparation of commodities.
(a) Whenever there is reason to believe that the issuance of amarketing order will tend to effectuate the purpose of this act with respect toany agricultural commodity and upon application of any producer or handler ofsuch commodity, notice shall be given for a public hearing upon a proposedmarketing order.
(b) Due notice of any hearing called shall be given to allpersons who may be directly affected by any action pursuant to this act. Thehearing shall be open to the public. All testimony shall be received under oathand a complete record of all proceedings at any hearing shall be made and filedby the director at his office.
(c) In order to effectuate the declared purpose of this act,the board may, after due notice and opportunity for hearing, enter into amarketing agreement with processors, distributors and others engaged in thehandling of the agricultural commodity, regulating the preparation, sale andhandling of the agricultural commodity which is binding upon the signatoriesexclusively.
11-35-105. Marketing orders; when issued; contents; economic factors tobe considered.
(a) After notice and hearing, the board shall issue a marketingorder if it finds and states in the marketing order that the order will tendto:
(i) Reestablish or maintain prices received by producers forthe agricultural commodity at a level which will give to the commodity power,with respect to the articles and services which farmers commonly buy,equivalent to the purchasing power of such commodity, provided that inestablishing prices the board shall as nearly as possible apply the methods andprocedures presently prescribed by the United States department of agriculturein making similar determinations;
(ii) Approach such equality of purchasing power at as rapid arate as is feasible in view of the demand for the commodity;
(iii) Prevent the unreasonable or unnecessary waste ofagricultural wealth because of improper preparation of the agriculturalcommodity for market, lack of uniform grading and inspection, or excessiveshipments to markets;
(iv) Protect the interest of consumers of the commodity.
(b) In making the findings set forth in this section, the boardshall take into consideration all facts available with respect to the followingeconomic factors:
(i) The quantity of the agricultural commodity available fordistribution;
(ii) The quantity of the agricultural commodity normallyrequired for distribution;
(iii) The cost of producing the agricultural commodity asdetermined by available statistics and surveys;
(iv) The purchasing power of consumers;
(v) The level of prices of commodities, services and articleswhich farmers buy;
(vi) The level of prices of other commodities which compete withor are utilized as substitutes for the agricultural commodity.
11-35-106. Marketing orders; establishment of control committee;composition, appointment and term; reimbursement for expenses; employees;duties.
(a) Any marketing order pursuant to this act shall provide forthe establishment of a control committee not to exceed seven (7) members toadminister the order in accordance with its terms. Members of the controlcommittee shall be appointed by the board from nominations submitted by theauthorized industry groups and shall hold office until the expiration of termor until the appointment is withdrawn by the board for cause. If the marketingorder affects directly only producers of a particular commodity, members of thecontrol committee shall be producers. If the marketing order affects directlyonly handlers of a particular commodity, members of the control committee shallbe handlers. If the marketing order affects directly both producers andhandlers of a particular commodity, the control committee shall be composed ofboth producers and handlers. The number of producers or handlers upon anycontrol committee shall be designated in the marketing order.
(b) No member of any control committee shall receive a salarybut each is entitled to his actual expenses incurred while performing hisauthorized duties.
(c) The board, with the approval of the control committee,shall employ necessary personnel to carry out the duties authorized herein. Theduties of the control committee shall be administrative only.
(d) The director shall serve as an ex officio member of anycontrol committee in addition to the seven (7) appointed members.
11-35-107. Marketing orders; referendum for approval or amendment.
No marketing order or amendment directlyaffecting producers is effective until the board determines the issuance of theorder is approved and favored by at least two-thirds (2/3) of the producerseligible to participate in a referendum on the question of its approval, andwho during the representative period, have produced for market the commoditiesspecified in the order or amendment in commercial quantities within theproduction area specified in the marketing order, and who during the respectiveperiod have produced at least fifty-one percent (51%) of the volume of thecommodity produced for sale.
11-35-108. Marketing orders; hearing to terminate.
If the board finds that the termination ofany marketing order is requested in writing by more than fifty percent (50%) ofthe producers engaged within the designated production area in the productionfor market of the commodity specified in the marketing order, and who producefor market more than fifty percent (50%) of the volume of the commodityproduced within the designated production area, the board may call a hearing toconsider whether or not the order shall be terminated, suspended or amended.
11-35-109. Marketing orders; notice of issuance or suspension; wheneffective.
Upon the issuance of any marketing order orany suspension, amendment or termination thereof, a copy of the notice shall bepublished in the official newspaper of general circulation published in eachcounty of the state. No order of suspension, amendment or termination iseffective until thirty (30) days after the date of posting and publication. Thedirector shall mail a copy of the notice to all persons affected by the termsof the order, suspension, amendment or termination who files in the office ofthe director a written request for notice.
11-35-110. Marketing orders; geographic limitations; total class to beincluded.
Marketing orders may be limited in theirapplication by prescribing the marketing areas or portions of the state inwhich a particular order is effective. No marketing order shall be issuedunless it embraces all persons of a like class in a given area who are engagedin a specific and distinctive agricultural industry or trade within this state.
11-35-111. Budget to cover costs; approval; part of marketing orders;liability for assessment.
For the purpose of providing funds todefray the necessary expenses incurred in the administration of this act, theboard shall prepare a budget covering the costs, including advertising andsales promotion when they are requested in any marketing agreement or order.The budget shall be approved by the control committee. The budget with thecollection of necessary fees, the time and conditions of payment and in no caseto exceed five percent (5%) of the gross dollar volume of sales or dollarvolume of purchase or amounts handled, shall become a part of any marketingorder upon adoption. Every person engaged in the production, processing,distribution or handling of any marketable agricultural product directlyaffected by any marketing order for the commodity shall pay to the board at thetime and in the manner prescribed by the order as assessment for the budget thepercentage of the gross dollar volume of sales or dollar volume of purchase oramounts handled, or distribution of any commodity affected by the marketingorder, as necessary to defray the expenses of the enforcement of this act, butin no case to exceed five percent (5%) of the gross dollar volume.
11-35-112. Deposit and disbursement of collected monies; biennial auditrequired.
Any monies collected by the board pursuantto this act shall be deposited in a bank or other depository approved by thestate treasurer allocated to each marketing order under which they arecollected, and disbursed by the director only for necessary expenses incurredby the control committee and the board with respect to each separate marketingorder. Funds collected shall be deposited and disbursed in conformity withappropriate rules and regulations prescribed by the board, and approved by thecontrol committee. All expenditures by the director shall be audited at leastbiennially by the director of the state department of audit or his designee,concurrently with the audit of the department of agriculture, and a copy of theaudit shall be delivered within thirty (30) days after completion to thegovernor, the board and the control committee.
11-35-113. Assessment deemed personal debt; failure to pay.
Any assessment levied in a specified amountdetermined by the market order pursuant to W.S. 11-35-111 constitutes apersonal debt of the person assessed and is due and payable when payment iscalled for. If the person fails to pay any assessment upon date due, acomplaint may be filed against the person in a court of competent jurisdictionfor the collection thereof, as provided in W.S. 11-35-116.
11-35-114. Books and records to be kept; information and inspectionauthorized; confidentiality; exceptions.
(a) All processors or handlers subject to any marketing orderor agreement issued pursuant to this act shall maintain books and recordsreflecting their operations under the marketing order, furnish the controlcommittee or its authorized representatives such information as requestedrelating to operations under the marketing order, and permit inspection by thecontrol committee or its authorized representatives of such portions of thebooks and records as relate to operations under the marketing order.
(b) Information obtained by any person under this act isconfidential and shall not be disclosed by him to any other person except aperson with like right to obtain the information, or an attorney employed togive legal advice thereupon, or by court order.
11-35-115. Authority to issue order with terms similar to federalorder; duplication of personnel; uniformity in administration.
(a) If the board finds that it tends to effectuate the declaredpurpose of this act within the standards prescribed in this act, the board mayissue a marketing order applicable to the marketing of any agriculturalcommodity containing like terms, provisions, methods and procedures as anylicense or order regulating the marketing of such commodity issued by thesecretary of agriculture of the United States pursuant to the provisions of anylaw or laws of the United States. In selecting the members of any controlcommittee or other advisory agency under the marketing order, the board shallutilize, insofar as practicable, the same persons as those serving in a similarcapacity under the federal license or order, so as to avoid duplicating orconflicting personnel.
(b) The director may confer with and cooperate with the legallyconstituted authorities of states and of the United States to obtain uniformityin the administration of federal and state marketing regulations, licenses ororders. The director may conduct joint hearings or issue joint or concurrentmarketing orders for the purpose and standards set forth in this act.
11-35-116. Administration and enforcement; penalty for violation;hearing upon complaint; disposition thereof; subsequent prosecution;injunctions.
(a) The board is responsible for the administration andenforcement of this act.
(b) Every person who violates this act or any provisions of anymarketing order or agreement issued by the board, is guilty of a misdemeanorand shall be fined not less than twenty-five dollars ($25.00) nor more than onehundred dollars ($100.00).
(c) Upon the filing of a verified complaint charging violationof any provision of this act or of any marketing order or agreement issued bythe board, and prior to the institution of any court proceeding authorized inthis section, the director may call a hearing to consider the charges setforth. The director may take testimony, administer oaths, subpoena witnessesand issue subpoenas for the production of books, records or documents of anykind.
(d) If the director finds that no violation has occurred, heshall forthwith dismiss the complaint and notify the parties to the complaint.
(e) If the director finds that a violation has occurred, heshall enter his findings and notify the parties to the complaint. Should therespondents thereafter fail, neglect or refuse to desist from the violationwithin the time specified by the director, the director may file a complaintagainst the respondent with the district attorney for the county in which theviolation occurred, and the district attorney shall prosecute in the name ofthe state.
(f) Violations of this act or any provisions of any marketingorder or agreement duly issued by the board may also be enjoined by proceedingsbrought by the district attorney for the proper county, or by the attorneygeneral, regardless of whether criminal proceedings have been instituted, ifthe director has entered a finding pursuant to subsection (e) of this sectionthat a violation of this act or any provision of any marketing order oragreement issued by the board exists.