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PA Bulletin, Doc. No. 01-2055

NOTICES

Referendum Order on Creation of the Pennsylvania Wine Marketing and Research Program

[31 Pa.B. 6289]

   This Order is issued on October 23, 2001. The Department of Agriculture (Department) announces that a referendum shall be conducted to determine whether the Pennsylvania Wine Marketing and Research Program Referendum shall be established. The referendum is being conducted under the provisions of the Agricultural Commodities Marketing Act (Act). The Act empowers the Secretary of Agriculture to conduct a referendum to establish a marketing program if the Secretary finds that the program will tend to effectuate the purposes of the Act.

   Referendum Period:  The referendum period shall be from November 26, 2001, until 4 p.m. on December 10, 2001. Completed ballots shall be mailed or hand delivered to the Office of the Secretary of Agriculture, c/o Commodity Promotion Division, Room 311, 2301 North Cameron Street, Harrisburg, PA 17110-9408. Hand delivered ballots must be received by 4 p.m. on December 10, 2001. Ballots that are mailed must be postmarked no later than December 10, 2001, and received no later than December 17, 2001.

   Notice of Referendum:  This referendum order and an official ballot shall be mailed no later than November 20, 2001, to all affected producers whose names appear on the list of Pennsylvania wine producers maintained in the Office of the Secretary of Agriculture. Additional copies of the same materials shall be made available at the Office of the Secretary of Agriculture.

   Eligible Voters:  The rules governing the eligibility of a producer for voting are as follows: The record date for determination of whether a producer is eligible to vote is December 31, 2000. All Pennsylvania wine producers who produced or sold wine under authority of a limited winery license between January 1, 2000, and December 31, 2000, and who continue to produce wine under a license at the time of the referendum, are entitled to vote.

   Counting of Ballots:  The ballots will be canvassed and counted by a Teller Committee appointed by the Secretary of Agriculture. The counting of the ballots will begin at 10 a.m., December 18, 2001, in the State Agriculture Building, Harrisburg, PA. The Secretary will announce the results of the referendum within 30 days following the completion of the referendum period. The results will be published in the Pennsylvania Bulletin and disseminated to the news media.

   Reporting Irregularities:  Any irregularities or disputes concerning the referendum procedures must be reported in written form to the Secretary of Agriculture not later than 7 calendar days from the end of the referendum period.

   Publication:  This referendum order shall be published in the Pennsylvania Bulletin and the Harrisburg Patriot-News.

   Effective Date:  If the majority of voting wine producers, representing a majority of year-2000 wine production represented in the vote, approve the establishment of the Pennsylvania Wine Marketing and Research Program (Program), the Program shall be established. If the Program is established, the initial marketing season shall be from July 1, 2001, through December 31, 2001. A producer charge would be assessed with respect to this period. Thereafter, the marketing season would be the period beginning January 1 of any year and extending through December 31 of the same year.

SAMUEL E. HAYES, Jr.,   
Secretary

[Pa.B. Doc. No. 01-2055. Filed for public inspection November 16, 2001, 9:00 a.m.]


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