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PA Bulletin, Doc. No. 96-1213

NOTICES

DEPARTMENT OF AGRICULTURE

Pennsylvania Peach and Nectarine Research Program; Referendum Order

[26 Pa.B. 3555]

   Referendum on Proposed Amendment of the Pennsylvania Peach and Nectarine Research Program:

   I.  The Pennsylvania Peach and Nectarine Research Program (Program) was established in 1984 under the provisions of the Agricultural Commodities Marketing Act of 1968 (act), as amended (3 P. S. §§ 1001--1012). The Program was continued by referenda conducted in 1989 and 1994. The Commodity Research 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. The proposed amendment would increase the producer charge assessed against affected producers by $2 per acre. The current program order establishes a producer charge of $3 per acre. The proposed amendment would increase that producer charge to $5 per acre by revising Article VII, Section A of the program order to read, in pertinent part, as follows:

   . . .The rate of assessment shall be $5.00 per acre for each affected producer.

   II.  Referendum Period: The referendum period shall be August 5, 1996, until 4 p.m. on August 19, 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 August 19, 1996. Ballots that are mailed must be postmarked no later than August 19, 1996, and received no later than August 22, 1996.

   III.  Notice of Referendum: This Referendum Order and an official ballot shall be mailed no later than August 5, 1996, to all affected producers, whose names appear on the list of Pennsylvania peach and nectarine 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 peach and/or nectarine trees maintained for the purpose of producing or growing peaches and/or nectarines for sale or marketing 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, August 23, 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 the seventeenth day of July, 1996.

CHARLES C. BROSIUS,   
Secretary

[Pa.B. Doc. No. 96-1213. Filed for public inspection July 26, 1996, 9:00 a.m.]



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