Sec. 10. (a) A representative group of at least five percent (5%) of the producers of an agricultural commodity may petition the dean of agriculture for permission to establish a commodity market development council.

     (b) A petition described in subsection (a) must include the following:

Terms Used In Indiana Code 15-15-11-10

  • agricultural commodity: means poultry, poultry products, cattle, dairy products, sheep, wool, goats, mint, soybeans, wheat, or small grains. See Indiana Code 15-15-11-1
  • commodity market development council: refers to a group representative of the agricultural commodity. See Indiana Code 15-15-11-3
  • dean of agriculture: refers to the dean of the college of agriculture of Purdue University. See Indiana Code 15-15-11-4
  • director: refers to the director of the department of agriculture. See Indiana Code 15-15-11-5
  • Ex officio: Literally, by virtue of one's office.
  • producer: means an individual, a firm, a limited liability company, a corporation, a partnership, or an unincorporated association engaged in Indiana in the business of producing for market or receiving income from an agricultural commodity in commercial quantities. See Indiana Code 15-15-11-8
(1) A statement of the area of production to be included. The area must be statewide. However, the area may be limited to a well defined smaller area if the area is the principal commercial producer of the agricultural commodity in Indiana.

(2) A statement of the general purposes of the agricultural commodity market development council program. The purposes may include research, education, market development, publicity, sales promotion, and cooperation with other state, regional, and national organizations.

(3) The amount of the fee to be collected for each designated unit of commercial quantities of the agricultural commodity.

(4) The method to be used in the collection of the fee.

(5) The composition, qualification, terms of office, method of nomination, election, filling unexpired terms, expenses, and duties of the members of the commodity market development council. However, the following apply to the council:

(A) The council must consist of an odd number of at least five (5) but not more than fifteen (15) members. A member may not serve on the council for more than six (6) consecutive years. A majority of the council members must be producers selected by producers.

(B) The dean of agriculture serves as an ex officio member of the council.

(C) The director of the Indiana state department of agriculture or the director’s designee serves as an ex officio member of the council.

(6) The method of conducting the referendum of the agricultural commodity producers. The method must be either by mail or by polling place, depending on the area and volume of the commodity.

[Pre-2008 Recodification Citation: 15-4-3.5-3.]

As added by P.L.2-2008, SEC.6. Amended by P.L.120-2008, SEC.51.

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