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PA Bulletin, Doc. No. 12-1903

NOTICES

DEPARTMENT OF AGRICULTURE

Referendum Order on the Pennsylvania Vegetable Marketing and Research Program

[42 Pa.B. 6143]
[Saturday, September 29, 2012]

 A referendum will be held to vote on recommended changes to the Pennsylvania Vegetable Marketing and Research Program. In summary, the proposed amendments would: (1) expand the definition of a ''producer'' to include persons who grow $2,000 or more worth of vegetables in a single marketing season; (2) expand the definition of ''greenhouse'' to include both traditional greenhouses and high tunnels; (3) change the period with respect to which producer charges are assessed under the Program to a January 1-through-December 31 ''marketing season''; (4) afford producers the option to pay a producer charge equal to 1.25% of gross sales, rather than an acreage-based or square-footage-based fee; and (5) equate an acre of field production with 1,000 square feet of greenhouse production, for purposes of calculating producer charges due with respect to that production. In accordance with the requirements of the Agricultural Commodities Marketing Act, a public hearing was held on August 30, 2012, to hear testimony and consider evidence on the proposed amendments and related matters. By Order of September 5, 2012, this office determined that the proposed amendments tend to effectuate the purposes of the Agricultural Commodities Marketing Act.

 I. The Pennsylvania Vegetable Marketing and Research Program was established under the provisions of the Agricultural Commodities Marketing Act. The Act requires that the Secretary of Agriculture call a referendum of affected producers any time there is a proposed change to the program order. The referendum to be held for the Pennsylvania Vegetable Marketing and Research Program will determine whether a majority of those voting desire the requested changes.

 II. Referendum Period: The referendum period shall be from October 22, 2012, until 4 p.m. on November 5, 2012. Completed ballots shall be mailed or hand-delivered to the Pennsylvania Department of Agriculture, Bureau of Market Development, Room 310, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408. Hand-delivered ballots must be received by 4 p.m. on November 5, 2012. Ballots that are mailed must be postmarked no later than November 5, 2012, and received no later than November 9, 2012.

 III. Notice of Referendum: This referendum order and an official ballot shall be mailed no later than October 15, 2012, to all affected producers whose names appear on the list of Pennsylvania vegetable growers 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.

 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 October 15, 2012. All vegetable producers within the Commonwealth who grow one or more acres of vegetables for sale or who grow greenhouse vegetables for sale in 1,000 square feet of greenhouse area or who grow and sell $2,000 worth of vegetables in the Commonwealth during the growing season from October 15, 2011 to October 14, 2012 are eligible to vote.

 V. 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., Thursday, November 15, 2012, at the Pennsylvania Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110. 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 the Harrisburg Patriot-News, and disseminated to the news media.

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

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

 VIII. Effective Date: The foregoing order shall be effective immediately.

GEORGE D. GREIG, 
Secretary

[Pa.B. Doc. No. 12-1903. Filed for public inspection September 28, 2012, 9:00 a.m.]


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