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Code · REGISTER · 2011-03-23 · Agricultural Marketing Service, USDA · Proposed Rules

Proposed Rules. Referendum order

654 words·~3 min read·/register/2011/03/23/2011-6829·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Agency: Agricultural Marketing Service, USDA
Action: Referendum order
Citation: FR Doc. 2011-6829 · Doc. No. AMS-FV-11-0010; FV11-946-1 CR · 7 CFR 946

Summary

This document directs that a referendum be conducted among eligible Washington potato growers to determine whether they favor continuance of the marketing order regulating the handling of Irish potatoes grown in Washington.

Dates

The referendum will be conducted from June 11 through June 24, 2011. To vote in this referendum, growers must have grown potatoes for the fresh market in Washington during the period July 1, 2009, through June 30, 2010.

Supplementary Information

Pursuant to Marketing Order No. 946 (7 CFR part 946), hereinafter referred to as the “order,” and the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act,” it is hereby directed that a referendum be conducted to ascertain whether continuance of the order is favored by growers. The referendum shall be conducted from June 11 through June 24, 2011, among eligible Washington potato growers. Only growers that were engaged in the production of fresh potatoes in Washington during the period of July 1, 2009, through June 30, 2010, may participate in the continuance referendum. USDA has determined that continuance referenda are an effective means for determining whether growers favor the continuation of marketing order programs. USDA would consider termination of the order if fewer than two-thirds of the growers voting in the referendum and growers of less than two-thirds of the volume of Washington potatoes represented in the referendum favor continuance of their program. In evaluating the merits of continuance versus termination, USDA will not exclusively consider the results of the continuance referendum. USDA will also consider all other relevant information regarding operation of the order as well as relative benefits and disadvantages to growers, handlers, and consumers to determine whether continuing the order would tend to effectuate the declared policy of the Act. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the ballot materials used in the referendum herein ordered have been submitted to and approved by the Office of Management and Budget (OMB) and have been assigned OMB No. 0581-0178. It has been estimated that it will take an average of 20 minutes for each of the approximately 267 Washington potato growers to cast a ballot. Participation is voluntary. Ballots postmarked after June 24, 2011, will not be included in the vote tabulation. Teresa Hutchinson and Gary D. Olson of the Northwest Marketing Field Office, Fruit and Vegetable Programs, AMS, USDA, are hereby designated as the referendum agents of the Secretary of Agriculture to conduct this referendum. The procedure applicable to the referendum shall be the “Procedure for the Conduct of Referenda in Connection With Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the Agricultural Marketing Agreement Act of 1937, as Amended” (7 CFR 900.400-900.407). Ballots will be mailed to all growers of record and may also be obtained from the referendum agents or from their appointees. List of Subjects in 7 CFR Part 946 Marketing agreements, Potatoes, Reporting and recordkeeping requirements. Authority: 7 U.S.C. 601-674. Dated: March 16, 2011. David R. Shipman, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2011-6829 Filed 3-22-11; 8:45 am]

Connections3 off-index
3 references not yet in our index
  • 7 CFR 946
  • 7 USC 601-674
  • 7 CFR 900.400-900
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cites case law
Proposed Rules
Referendum order
Cite7 CFR 946
Cite7 USC 601-674
Cite7 CFR 900.400-900
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