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PA Bulletin, Doc. No. 05-2372

NOTICES

DEPARTMENT OF AGRICULTURE

Referendum Order; Pennsylvania Peach and Nectarine Research Program

[35 Pa.B. 6913]

   A referendum vote will be held to determine whether to increase the Pennsylvania Peach and Nectarine Research Program (Program) assessment fee to $8 per acre effective in Fiscal Year 2006. No hearing is scheduled for this referendum unless a producer 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 17110-9408 within 7 days of publication date of this notice.

   I.  The Program was established under 3 Pa.C.S. §§ 4501--4513 (act) (relating to Agricultural Commodities Marketing 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. This referendum vote for the Program will determine whether or not a majority of those voting desire the requested Program change.

   II.  Referendum Period: The referendum period shall be December 19, 2005, until 4 p.m. on January 3, 2006. Completed ballots shall be mailed or hand delivered to Ron Walker, Department of Agriculture, Bureau of Market Development, Room 310, 2301 North Cameron Street, Harrisburg, PA 17110-9408. Hand delivered ballots must be received by 4 p.m. on January 3, 2006. Ballots that are mailed must be postmarked no later than January 3, 2006, and received no later than January 9, 2006.

   III.  Notice of Referendum: This referendum order and an official ballot shall be mailed no later than December 16, 2005, to all affected producers whose names appear on the list of peach and nectarine producers 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 September 30, 2005. Peach and nectarine producers who grow a total of 500 or more peach and/or nectarine trees of all ages are eligible to vote.

   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., Tuesday, January 10, 2006, in 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 period. The results will be published in the Pennsylvania Bulletin 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 not later than 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.

DENNIS C WOLFF,   
Secretary

[Pa.B. Doc. No. 05-2372. Filed for public inspection December 23, 2005, 9:00 a.m.]



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