(1)No marketing agreement or
amendments thereto, directly affecting handlers, issued pursuant to this article,
shall become effective unless and until the commissioner finds that such
agreement has been assented to in writing by the handlers engaged in the
operation covered by the marketing agreement who handle not less than fifty
percent of the volume of the commodity covered thereby which is processed or
distributed within the area defined in such agreement and by not less than fifty
percent of the number of such handlers engaged in the operation covered by such
agreement.
(2)(a) No marketing order or amendments thereto directly affecting
producers shall become effective unless and until the commissioner determines
that the issuance of such order is approved and favored by a
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(1) No marketing agreement or
amendments thereto, directly affecting handlers, issued pursuant to this article,
shall become effective unless and until the commissioner finds that such
agreement has been assented to in writing by the handlers engaged in the
operation covered by the marketing agreement who handle not less than fifty
percent of the volume of the commodity covered thereby which is processed or
distributed within the area defined in such agreement and by not less than fifty
percent of the number of such handlers engaged in the operation covered by such
agreement.
(2) (a) No marketing order or amendments thereto directly affecting
producers shall become effective unless and until the commissioner determines
that the issuance of such order is approved and favored by at least two-thirds of the
producers who participated in a referendum on the question of its approval, and
who, during such representative period, have produced for market the commodities
specified therein in commercial quantities within the production area specified in
such marketing agreement or order, and who, during such respective period, have
produced at least two-thirds of the volume voted of such commodity sold within the
marketing area specified in such marketing agreement or order. This paragraph (a)
shall not apply to marketing orders which contain provisions for refunds of
assessments as provided in section 35-28-113.5.
(b) Except as provided in section 35-28-113 (3) and notwithstanding
paragraph (a) of this subsection (2), no marketing order or amendments thereto
directly affecting producers of wheat shall become effective unless or until the
commissioner determines that the issuance of such order is approved and favored
by at least two-thirds of the producers of wheat who participated in a referendum.
For purposes of this provision, a producer of wheat means a person who harvested
or intends to harvest in any manner in excess of fifteen acres of wheat and who is
entitled to share in the proceeds of such wheat crop as owner-operator, cash
tenant, standing rent or fixed rent tenant, landlord of a share tenant, share tenant,
or sharecropper in the calendar year determined by the commissioner to be
representative for purposes of voting approval. Wheat acreage placed in the
federal soil bank program shall be regarded as wheat acreage for this purpose.
(c) Repealed.
(3) Any order issued pursuant to this section shall become effective in the
event that, notwithstanding the refusal or failure of handlers of more than fifty
percent of the volume of the commodity or product thereof covered by such order
which is produced or marketed within the production or marketing area defined in
such order to sign a marketing agreement relating to such commodity or product
thereof, on which a hearing has been held, the commissioner of agriculture, with the
approval of the governor, determines:
(a) That the refusal or failure to sign a marketing agreement, by the handlers
of more than fifty percent of the volume of the commodity or product thereof
specified therein which is produced or marketed within the production or marketing
area specified therein, tends to prevent the effectuation of the declared policy of
this article with respect to such commodity or product; and
(b) That the issuance of such order is the only practical means of advancing
the interests of the producers of such commodity pursuant to the declared policy,
and is approved or favored by at least two-thirds of the producers who participated
in a referendum on the question of its approval and who, during a representative
period determined by the commissioner, have been engaged, within the production
area specified in such marketing agreement or order, in the production for market
of the commodity specified therein, or who, during such representative period, have
been engaged in the marketing area specified in such marketing agreement or
order; and by producers who, during such representative period, have produced for
market at least two-thirds of the volume voted of such commodity produced for
market within the production area specified in such marketing agreement or order,
or who, during such representative period, have produced at least two-thirds of the
volume voted of such commodity sold within the marketing area specified in such
marketing agreement or order.
(c) Notwithstanding paragraph (b) of this subsection (3), approval of a
marketing order affecting wheat must be approved or favored by at least two-thirds
of the producers of wheat who participated in a referendum on the question of its
approval. For purposes of this paragraph (c), a producer of wheat means a person
who harvested or intends to harvest in any manner in excess of fifteen acres of
wheat and who is entitled to share in the proceeds of such wheat crop as owner-operator, cash tenant, standing rent or fixed rent tenant, landlord of a share tenant,
share tenant, or sharecropper in the calendar year for purposes of voting approval.
Wheat acreage placed in the federal soil bank program shall be regarded as wheat
acreage for this purpose.
(4) In finding whether such order is assented to pursuant to the provisions of
this article, the commissioner may consider the expression of any nonprofit
agricultural cooperative marketing association which is authorized by its members
to so express the approval or disapproval of the producers who are members of, or
stockholders in, such nonprofit agricultural cooperative marketing association.