A. The department shall compile a list for the purposes of notice and referendum or written assent procedures. The list shall include the names and addresses of all affected persons and the quantity of the affected commodity produced or shipped by the affected person in the two years preceding the notice or for a lesser time if the affected person has not produced or shipped the affected commodity for the preceding two years.

Terms Used In Arizona Laws 3-407

  • Affected commodity: means the specific citrus, fruit or vegetable that is regulated pursuant to article 2 or 4 of this chapter and that is subject to the marketing agreement or order or the proposed marketing agreement or order. See Arizona Laws 3-401
  • Affected person: means a producer or shipper of an affected commodity. See Arizona Laws 3-401
  • Department: means the Arizona department of agriculture. See Arizona Laws 3-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • order: means an order that is developed by producers or shippers of the affected commodity and that is issued by the director pursuant to this article. See Arizona Laws 3-401
  • Person: means any individual, firm, corporation, trust, association or partnership. See Arizona Laws 3-401
  • Written assent: means a signed statement of an affected person consenting to the terms of a marketing order. See Arizona Laws 3-401

B. In compiling the list, the department may use records required to be kept by shippers and records reported to citrus, fruit and vegetable standardization by producers and shippers pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles. The department may also notify known affected persons and may request them to respond within fifteen days after the notice with any additional necessary information.

C. Information compiled by the department concerning individual totals of the affected commodity produced or shipped are confidential and are not subject to public disclosure.

D. The list is conclusive in determining whether a marketing order has been approved by referendum or written assent, but an affected person who is not on the department list may register with the department and vote in a referendum or file a written assent if the person submits satisfactory evidence to the department to verify that the affected person is qualified to vote.