3-412

3-412. Terminating a marketing order

A. The marketing order expires on the fifth anniversary of its effective date
unless specified otherwise in the marketing order, terminated previously or reapproved.

B. If the marketing order has been substantially changed and the substantial change
was submitted for approval to those persons regulated by the marketing order during the
existing term of the marketing order, the marketing order's term is deemed reapproved
from the date of the approval of the substantial change.

C. During the last year the marketing order is effective, the department shall
develop a list pursuant to section 3-407 and hold a public meeting pursuant to section
3-408 and an election pursuant to section 3-410. If the marketing order is reapproved,
the new term begins on the expiration of the existing term.

D. If at least forty per cent of the persons regulated by a marketing order, by
volume and by number, present a petition to terminate the marketing order to the
department and the signatures have been collected within ninety days, the department
shall hold a public meeting pursuant to section 3-408 and depending on the testimony
presented at the public meeting may submit the marketing order for an election pursuant
to section 3-410 within sixty days after the filing of the petition. The petition shall
state the text of the marketing order, the proposed method of voting and any other
pertinent information.

E. If a marketing commission, by a two-thirds vote of its membership, determines
that it is no longer in the best interest of the persons regulated by the marketing order
to continue the marketing order, the department shall submit the marketing order to an
election pursuant to section 3-410 within thirty days after the marketing commission's
vote.

F. If a marketing commission does not meet for three consecutive marketing seasons,
the assistant director may call a public meeting pursuant to section 3-408 to determine
whether an election on termination is necessary.

G. If an election is conducted by referendum, the marketing order shall be
terminated if a majority of the persons regulated by the marketing order by number and
volume votes to terminate the marketing order.

H. If an election is conducted by written assent, the marketing order shall be
terminated if a majority of the persons regulated by the marketing order by number and
volume files a written assent to terminate the marketing order with the department.

I. The department shall certify the election results. The department may not
disclose how a particular person voted but shall disclose who voted and the total number
of votes cast in favor of the marketing order and the total number of votes cast opposing
the marketing order.

J. If the department certifies that the marketing order shall be terminated
pursuant to the results of the referendum or written assent, the marketing order
terminates five days after the notice is mailed to every person regulated by the
marketing order and persons who request notification.

K. A marketing order shall not be submitted for termination until one year after an
election.