DEPARTMENT OF AGRICULTURE Referendum on Continuation of the Pennsylvania Vegetable Marketing and Research Program [38 Pa.B. 260]
[Saturday, January 12, 2008]1. The Pennsylvania Vegetable Marketing and Research Program (Program) was initially established in 1989 under the provisions of the Pennsylvania Agricultural Commodities Marketing Act (act) (3 P. S. §§ 1001--1012). The Act requires that the Secretary of Agriculture call a referendum of affected producers every 5 years to determine whether or not a majority of those voting still desire the Program. The Program was continued through a review referendum conducted in 2003. It is now time for another review referendum to determine whether a majority of the vegetable producers still desire the Program to continue.
2. Referendum Period: The referendum shall be March 10, 2008, until 4 p.m. on March 24, 2008. Completed ballots shall be mailed or hand delivered to the Department of Agriculture, Commodity Promotion Division, Room 311, 2301 North Cameron Street, Harrisburg, PA 17110-9408. Hand-delivered ballots must be received by 4 p.m. on March 24, 2008. Ballots that are mailed must be postmarked no later than March 24, 2008 and received no later than March 27, 2008.
3. Notice of Referendum: This referendum order, the program order and official ballot shall be mailed no later than March 3, 2008, to all affected producers whose names appear on the list of the Pennsylvania vegetable producers maintained in the Office of the Bureau of Market Development. Additional copies of the same materials shall be made available at the Office of the Secretary of Agriculture.
4. 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 February 29, 2008. All vegetable producers within the Commonwealth who grow 1 or more acres of vegetables for sale are eligible to vote, as are all producers who, for the purpose of selling, grow vegetables in 1,000 square feet or more of greenhouse area. Greenhouse area used to produce vegetable transplants for outdoor use shall not be included. All producers with one or more acres of vegetable production or 1,000 or more square feet of greenhouse vegetable production, as of February 29, 2008, are entitled to vote.
5. Counting of Ballots: The ballots will be conveyed and counted by a Teller Committee appointed by the Secretary of Agriculture. The counting of the ballots will begin at 10 a.m. Thursday, April 3, 2008, 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.
6. Reporting Irregularities: Any irregularities or disputes concerning the referendum procedures must be reported in written form to the Secretary of Agriculture no later than 7 calendar days from the end of the referendum period.
7. Publication: This referendum order shall be published in the Pennsylvania Bulletin and the Harrisburg Patriot-News.
8. Effective Date: The foregoing order shall be effective from and after the 10th day of February, 2008.
DENNIS C WOLFF,
Secretary[Pa.B. Doc. No. 08-48. Filed for public inspection January 11, 2008, 9:00 a.m.]
