DEPARTMENT OF AGRICULTURE Referendum on Proposed Amendment of the Pennsylvania Apple Marketing Program [26 Pa.B. 763] I. The Pennsylvania Apple Marketing Program (Program) was established in 1987 under the provision of the Agricultural Commodities Marketing Act of 1968 (Act) (3 P. S. §§ 1001--1012). The Program was continued by a referendum conducted in 1992. The Commodity Marketing Board of the Program requested the Secretary of Agriculture to call a referendum on a proposed amendment to the Program, to determine whether or not a majority of those voting desire the change. Under the proposed amendment Article VII, Section A of the program order would read:
The rate of assessment beginning with the 1996-97 marketing season shall be 12¢ per bushel of apples sold for fresh market use and 6¢ per hundred pounds of apples sold or accepted for processing. Beginning with the year 2000-01 marketing season and thereafter, the rate of assessment shall be 15¢ per bushel of apples sold for fresh market use and 8¢ per hundred pounds of apples sold or accepted for processing.
II. Referendum Period: The referendum period shall be March 25, 1996, until 4 p.m. on April 8, 1996. Completed ballots shall be mailed or hand-delivered to the Department of Agriculture, Bureau of Market Development, 2301 North Cameron Street, Harrisburg, PA 17110-9408. Hand-delivered ballots must be received by 4 p.m. on April 8, 1996. Ballots that are mailed must be postmarked no later than April 8, 1996, and received no later than April 11, 1996.
III. Notice of Referendum: This Referendum Order and an official ballot shall be mailed no later than March 22, 1996, to all affected producers, whose names appear on the list of Pennsylvania apple producers maintained in the Office of the Secretary of Agriculture. Additional copies of the same material 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: All growers with 500 or more apple trees maintained for the purpose of producing or growing apples for sale are entitled 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., Friday, April 12, 1996, 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.
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 7 calendar days from the end of the referendum period.
VII. Publication: This referendum order shall be published in the Pennsylvania Bulletin and the Patriot-News.
VIII. Effective Date: The foregoing order shall be effective from and after February 24, 1996.
CHARLES C. BROSIUS,
Secretary[Pa.B. Doc. No. 96-246. Filed for public inspection February 23, 1996, 9:00 a.m.]
