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PA Bulletin, Doc. No. 07-439

NOTICES

DEPARTMENT OF AGRICULTURE

Pennsylvania Vegetable Marketing and Research Program; Referendum Order

[37 Pa.B. 1231]
[Saturday, March 17, 2007]

   A referendum will be held to vote on a recommended increase to the Pennsylvania Vegetable Marketing and Research Program (Program) assessment fee by changing the threshold for assessing the additional $1.50 per acre assessment from 10 acres to 5 acres (or for greenhouse vegetable growers from 10,000 square feet to 5,000 square feet). This has the net effect of increasing the assessment by $1.50 for growers with 6 acres (or with 6,000 square feet of greenhouse vegetables); by $3.00 for growers with 7 acres (or with 7,000 square feet of greenhouse vegetables); by $4.50 for growers with 8 acres (or with 8,000 square feet of greenhouse vegetables); by $6.00 for growers with 9 acres (or with 9,000 square feet of greenhouse vegetables) or by $7.50 for growers with 10 or more acres (or with 10,000 square feet of greenhouse vegetables). No hearing is scheduled for this referendum unless a producer member requests one in writing. To request a hearing notify Ron Walker, in writing, at the Department of Agriculture, Bureau of Market Development, Room 310, 2301 North Cameron Street, Harrisburg, PA 17110 within 7 days of the signed date of this referendum.

   (I)  The Program was established under the provisions of the act of March 24, 1998 (P. L. 217, No. 39) known as the Agricultural Commodities Marketing Act (act). The act requires that the Secretary of Agriculture (Secretary) call a referendum of affected producers any time there is a proposed change to the Program order. The referendum to be held for the Program will determine whether a majority of those voting and majority of production volume of those voting want the requested assessment increase.

   (II)  Referendum Period: The referendum period shall be March 26, 2007, until 4 p.m. on April 9, 2007. Completed ballots must be mailed or hand-delivered to the Department of Agriculture, Bureau of Market Development, Room 310, 2301 North Cameron Street, Harrisburg, PA 17110. Hand-delivered ballots must be received by 4 p.m. on April 9, 2007. Ballots that are mailed must be postmarked no later than April 9, 2007, and received no later than April 12, 2007.

   (III)  Notice of Referendum: This referendum order and an official ballot shall be mailed no later than March 23, 2007, to all affected producers whose names appear on the list of vegetable growers maintained in this Commonwealth maintained in the Office of the Secretary. Additional copies of the same materials shall be made available at the Office of the Secretary.

   (IV)  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 March 23, 2007. All vegetable producers who grew 1 or more acres of vegetables for sale and/or 1,000 square feet of greenhouse vegetables for sale in this Commonwealth during the growing season of October 15, 2005, to October 14, 2006, are eligible to vote on the referendum.

   (V)  Counting of Ballots: The ballots will be canvassed and counted by a Teller Committee appointed by the Secretary. The counting of the ballots will begin at 10 a.m., Friday, April 13, 2007, at the Department of Agriculture building, Harrisburg, PA. The Secretary will announce the results of the referendum within 30 days following the completion of the referendum. The results will be published in the Pennsylvania Bulletin and Harrisburg Patriot-News, and disseminated to the news media.

   (VI)  Reporting Irregularities: Any irregularities or disputes concerning the referendum procedures must be reported in writing to the Secretary not later than 7 calendar days from the end of the referendum.

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

   (VIII)  Effective Date: The foregoing order is effective immediately.

DENNIS C WOLFF,   
Secretary

[Pa.B. Doc. No. 07-439. Filed for public inspection March 16, 2007, 9:00 a.m.]


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