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The Vermont Statutes Online



Title

06

:
Agriculture






Chapter

024

:
AGRICULTURAL MARKETING RULES






Subchapter

003
:
AGRICULTURAL COMMODITY MARKETING BOARDS










 

§

253a. Vermont agricultural commodity marketing boards

(a) The

secretary may at his or her initiative, or upon receipt of a petition from

producers of a particular agricultural commodity, propose a marketing rule. Any

petition shall be signed by at least 100 of the producers who would be affected

by the rule, or at least 25 percent of all the producers of the commodity in

question, whichever is less.

(b) After

determining that a valid petition has been filed, the secretary shall prepare

and mail a proposed marketing rule. After an opportunity for a hearing, the

secretary shall conduct a referendum of the affected producers. The marketing

rule shall be approved by at least 51 percent of the eligible producers who

participate in the referendum before it may be promulgated.

(c) Any

marketing rule established under this section shall create a commodity

marketing board, to be appointed by the secretary. This board shall be made up

of persons nominated by producers of the affected agricultural commodity and a

representative of the secretary. The rule shall establish the number of members

of the commodity marketing board, not to exceed seven, and shall provide for

their terms of office. Commission members shall be reimbursed in the same

manner as members of the board.

(d) Any

marketing rule established under this section may contain all the same terms

and conditions as a rule established under section 253 of this title. Any

commodity marketing board established under this section shall have all the

same powers and duties as the apple marketing board, with respect to the

affected commodity.

(e) Once a

marketing rule has been established, it can be amended or terminated at any

time by the applicable commodity marketing board after approval by 51 percent

of the voting eligible producers. In addition, 25 percent or more of the

eligible producers may petition to have a marketing rule amended or terminated,

after approval of not less than 51 percent of producers participating in a

referendum vote. (Added 1993, No. 73, § 1, eff. June 10, 1993; amended 2003,

No. 42, § 2, eff. May 27, 2003.)