80-11-512. Adoption of commodity research and market development program -- referendum -- hearing. (1) A commodity advisory committee formed pursuant to 80-11-510 shall hold at least one public hearing to receive relevant input from affected growers and producers on a proposed referendum, including the amount of the proposed assessment and the method of collection. The department shall advertise the hearing in areas where it is known the commodity is grown and in any applicable trade publication.

(2) (a) After considering the facts and information received at the hearing, the commodity advisory committee shall vote on whether to hold a referendum of affected growers and producers.

(b) The referendum must include, among other informational items, the amount of the assessment and the method of collection.

(c) The referendum must be by paper ballot mailed to the last-known address of known growers and producers of the relevant commodity, obtained from lists provided by the petitioner and other sources known to the department.

(d) Each grower or producer, as defined in 80-11-503, is entitled to one vote.

(e) If the commodity advisory committee votes against holding a referendum, the committee shall vote whether to dissolve the committee. If the commodity advisory committee votes against dissolution, the committee may continue to advise the department for 1 year from the date of the vote. If a referendum is not held or is defeated within 1 year of the vote, the commodity advisory committee is dissolved.

(3) If the referendum passes, the advisory committee shall propose a commodity research and market development program to the department for adoption.

History: En. Sec. 7, Ch. 83, L. 1999; amd. Sec. 2, Ch. 151, L. 2015.