§ 3-406 — Initiation of the marketing order process

A. To initiate or substantially change a marketing order, an affected person shall file a petition with the department signed by ten per cent of producers or shippers, or both producers and shippers, of the affected commodity that is the subject of the proposed marketing order. The petition shall state:

1. The affected commodity to be regulated by the marketing order.

2. A description of the territory of this state to be regulated by the proposed marketing order.

3. The category of persons to be regulated by the marketing order.

4. A draft of the proposed marketing order.

5. The proposed method of voting.

6. Any other relevant information.

B. Within thirty days after receiving the petition, the department shall initiate developing a department list and shall prepare a budget to handle the petition. The department shall require a deposit from the petitioners to cover the costs of the public meeting and referendum or written assent procedures. The deposit may be reimbursed by any assessments received if the marketing order is approved.