Print

The Vermont Statutes Online



Title

06

:
Agriculture






Chapter

163

:
VERMONT DAIRY PROMOTION COUNCIL; PRODUCER TAX






Subchapter

002
:
PRODUCER TAX










 

§

2988. Referendum

(a) The

following percent of the itemized groups of producers and distributors may

petition the secretary for a referendum to determine whether assessments for

their milk promotion program under section 2981 of this title shall continue or

discontinue for their group:

(1) twenty-five

percent of Vermont producers who are producing milk for consumption in Vermont;

(2) fifteen

percent of Vermont producers who are producing milk for out-of-state

consumption; or

(3) thirty

percent of Vermont distributors who purchase milk for retail sale in Vermont.

(b) The

secretary, upon receiving a petition for a referendum from any itemized group

referred to in subsection (a) of this section, shall establish a committee of

members of that group as provided in subsection (c) of this section. The

committee shall direct the secretary to send secret ballots to all producers or

distributors who are members of that group and tally the results of the vote.

(c) The voting

committee shall consist of the following:

(1) two members

from the group referred to in subdivision (a)(1) of this section;

(2) three

members from the group referred to in subdivision (a)(2) of this section; and

(3) two members

from the group referred to in subdivision (a)(3) of this section.

(d) Milk

producers and distributors referred to in subsection (a) shall be eligible to

vote only on a referendum which relates to an assessment on a group of which

they are a member. A referendum shall be considered approved by a majority of

the members of that group who participate in the vote.

(e) Any time

after two years from the effective date of a previous referendum vote by a

particular group to continue or discontinue the assessment, members of the

group as provided in subsection (a) may petition the secretary to determine

whether the assessment on that group should continue or discontinue. The

referendum shall be conducted and the results determined in accordance with the

provisions of this section. A referendum to recommend an assessment program should

be conducted in the same manner.

(f) All

administration costs associated with the referendum vote shall be assessed

against the Vermont dairy promotion fund. (Added 1979, No. 101 (Adj. Sess.), §

9; amended 1981, No. 198 (Adj. Sess.), § 9, eff. April 22, 1982; 1989, No. 256

(Adj. Sess.), § 8, eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003;

2011, No. 39, § 7, eff. May 19, 2011.)