3-424. Initiation of the marketing agreement process; contents

A. Two or more persons who produce or ship the affected commodity shall file an application with the director together with a filing fee of five hundred dollars to cover the costs of the public meeting. If the public meeting costs less than five hundred dollars, the difference shall be refunded to the applicants. The application shall state:

1. The affected commodity to be regulated by the marketing agreement.

2. A description of the territory of this state to be regulated by the marketing agreement.

3. The category of persons to be regulated by the marketing agreement.

4. A draft of the proposed marketing agreement.

5. Any other relevant information.

B. A marketing agreement shall:

1. Describe the territory of this state to be regulated by the marketing agreement and the persons to be regulated by the marketing agreement.

2. State the type of marketing agreement program.

3. Specify the number of marketing committee members and the official name of the committee if a marketing committee is to be established.

4. Provide for the rate of assessments in amounts sufficient to cover all expenses of the marketing agreement if assessments are required and specify a method of collecting assessments.

5. State whether the marketing agreement applies to producers or shippers, or both. If the marketing agreement applies to shippers only, shippers shall pay any assessments owing and shall not charge producers any assessments for the marketing agreement. If the marketing agreement applies to both producers and shippers, the shippers shall not charge producers any assessments that the shipper is required to pay pursuant to the marketing agreement.

6. Apply uniformly to all persons of the same category.

7. State whether the costs of the filing fee will be reimbursed by any assessments received pursuant to the marketing agreement.

8. State the amount of time an inspector may hold a lot found to be in violation of the marketing agreement and specify the time period allowed to recondition the product pursuant to section 3-420.

C. The marketing agreement may apply to more than one commodity and may state any other relevant information.