§ 3-405 — Contents of a marketing order

A. A marketing order shall:

1. Describe the territory of this state to be regulated by the marketing order.

2. State the type of marketing order program.

3. Establish a marketing commission, prescribe the number of commission members and specify an official name of the commission.

4. State the maximum rate of assessments in amounts sufficient to cover all expenses of the marketing order if assessments are required.

5. State whether the marketing order applies to producers or shippers, or both. If the marketing order applies to shippers only, shippers shall pay any assessments owing and shall not charge producers any assessments for the marketing order. If the marketing order applies to both producers and shippers, the shippers shall not charge producers any assessments that the shipper is required to pay pursuant to the marketing order.

6. Apply uniformly to all persons of the same category.

7. State whether the costs of the public meeting and referendum or written assent procedures shall be reimbursed by any assessments received if the marketing order is approved.

8. State the amount of time an inspector may hold a lot found to be in violation of the marketing order and specify the time period allowed to recondition a product pursuant to section 3-420.

B. The marketing order may apply to more than one commodity and may include any other relevant information.