DEPARTMENT OF AGRICULTURE Pennsylvania Potato Research Program; Referendum Order [36 Pa.B. 7881]
[Saturday, December 23, 2006]A referendum will be held to vote on a recommended increase to the Pennsylvania Potato Research Program (Program) assessment fee from $4 to $5 per acre, effective in State fiscal year 2007. 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 January 3, 2007, until 4 p.m. on January 22, 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 January 22, 2007. Ballots that are mailed must be postmarked no later than January 22, 2007, and received no later than January 29, 2007.
(III) Notice of Referendum: This referendum order and an official ballot shall be mailed no later than January 1, 2007, to all affected producers whose names appear on the list of potato growers 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 January 1, 2007. All potato producers who grow 5 or more acres of potatoes for sale 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., Thursday, February 1, 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,
Department of Agriculture[Pa.B. Doc. No. 06-2521. Filed for public inspection December 22, 2006, 9:00 a.m.]