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 and prescribe the number of commission members.


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 hearing, 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.