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PA Bulletin, Doc. No. 09-359



Referendum Order of the Pennsylvania Peach and Nectarine Research Program

[39 Pa.B. 1117]
[Saturday, February 28, 2009]

   I.  Referendum on Continuation of the Pennsylvania Peach and Nectarine Research Program (program). The program was established under 3 Pa.C.S. Chapter 45 (relating to Agricultural Commodities Marketing Act) (act). The act requires that the Secretary of Agriculture (Secretary) call a referendum of affected producers every 5 years to determine whether or not a majority of those voting still desire the program. The program was last subjected to a review referendum conducted in 2004. It is now time for another review referendum to determine whether a majority of the peach and nectarine producers desire the program to continue.

   II.  Referendum Period: The referendum period shall be March 17, 2009, until 4 p.m. on March 31, 2009. Completed ballots shall be mailed or hand-delivered to the Department of Agriculture, Bureau of Market Development, Room 310, 2301 North Cameron Street, Harrisburg, PA 17110-9408. Hand-delivered ballots must be received by 4 p.m. on March 31, 2009. Ballots that are mailed must be postmarked no later than March 31, 2009, and received no later than April 6, 2009.

   III.  Notice of Referendum: This referendum order and an official ballot shall be mailed no later than March 10, 2009, to all affected producers whose names appear on the list of peach and nectarine producers maintained in the Office of the Secretary of Agriculture. Additional copies of the same materials 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. The record date for determination of whether a producer is eligible to vote is March 10, 2009. Peach and nectarine producers who grow a total of 500 or more peach and/or nectarine trees of all ages are eligible to vote.

   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 10 a.m. on Tuesday, April 14, 2009, in 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 period. The results will be published in the Pennsylvania Bulletin and disseminated to the news media.

   VI.  Reporting Irregularities: Irregularities or disputes concerning the referendum procedures must be reported in written form to the Secretary within 7 calendar days from the end of the referendum period.

   VII.  Publication: This referendum order shall be published in the Pennsylvania Bulletin and the Harrisburg Patriot-News.

   VIII.  Effective Date: The foregoing order shall be effective immediately.


[Pa.B. Doc. No. 09-359. Filed for public inspection February 27, 2009, 9:00 a.m.]

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