(a)If the dean of agriculture approves the
petition, in whole or as revised, the dean of agriculture shall call a
referendum among producers of commercial quantities of the
commodity to vote upon establishment of the proposed commodity
market development program.
(b)Before issuance of a notice of referendum on a proposed
commodity market development program, the dean of agriculture shall
establish the number of producers qualified of that particular
agricultural commodity. The producers must register with the dean of
agriculture, who shall maintain a list of those producers. At least
twenty percent (20%) of the producers must register before a
referendum may be held. The dean of agriculture shall establish a
registration period for establishing, continuing, changing, or
terminating a mar
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(a) If the dean of agriculture approves the
petition, in whole or as revised, the dean of agriculture shall call a
referendum among producers of commercial quantities of the
commodity to vote upon establishment of the proposed commodity
market development program.
(b) Before issuance of a notice of referendum on a proposed
commodity market development program, the dean of agriculture shall
establish the number of producers qualified of that particular
agricultural commodity. The producers must register with the dean of
agriculture, who shall maintain a list of those producers. At least
twenty percent (20%) of the producers must register before a
referendum may be held. The dean of agriculture shall establish a
registration period for establishing, continuing, changing, or
terminating a marketing program after the dean of agriculture calls for
a referendum. Postdating of a registration is void. The producer or
handler list established under this subsection is final and conclusive in
making determinations relative to the assent of producers upon the
issuance, amendment, or termination of a commodity market
development program.
(c) The dean of agriculture shall publish a notice of referendum to
the attention of producers in the newspapers or trade journals within
the affected area that the dean of agriculture prescribes. The dean of
agriculture may also mail notice to all producers or handlers on the
current list of producers.
(d) If the majority of those who actually vote favor the adoption of
the proposal in the petition, the dean of agriculture shall declare the
proposal to be adopted.
(e) A proposal to change the amount of the fee or to make other
major changes in the program may be made only if a proposal for the
change is adopted by a two-thirds (2/3) vote of the commodity market
development council or by petition of twenty-five percent (25%) of the
agricultural commodity producers. The proposal must then be
submitted to a referendum under which the same percentages of votes
favoring the proposal (by number and production) are required for
approval as were required for establishment of the original market
development program.
(f) A proposal to terminate a commodity market development
program may be made only if a proposal for termination is adopted by
a majority of the commodity market development council or by petition
of two percent (2%) of the agricultural commodity producers. The
proposed termination must be submitted to a referendum under which
a simple majority of those voting in favor of termination of the program
is required for termination.
(g) A referendum to:
(1) set up a commodity market development council for a
particular commodity;
(2) change the amount of fee;
(3) make other major changes; or
(4) terminate a commodity market development council;
may not be held within twelve (12) months of a referendum conducted
for a similar purpose for the same agricultural commodity.
(h) If the amount of refund requests under section 18 of this chapter
exceeds twenty-five percent (25%) of the amount collected under this
chapter for a fiscal year, the dean of agriculture shall conduct a
referendum on the continuation of the commodity market development
council.
(i) Any eligible producer may register to participate in a referendum
on the continuation or termination of a program. Registration for such
a referendum may not be limited to those producers who registered for
the referendum to establish the program.
[Pre-2008 Recodification Citation: 15-4-3.5-5.]