Sec. 12. (a) If the dean of agriculture approves the petition, in whole or as revised, the dean of agriculture shall call a referendum among producers of commercial quantities of the commodity to vote upon establishment of the proposed commodity market development program.

     (b) Before issuance of a notice of referendum on a proposed commodity market development program, the dean of agriculture shall establish the number of producers qualified of that particular agricultural commodity. The producers must register with the dean of agriculture, who shall maintain a list of those producers. At least twenty percent (20%) of the producers must register before a referendum may be held. The dean of agriculture shall establish a registration period for establishing, continuing, changing, or terminating a marketing program after the dean of agriculture calls for a referendum. Postdating of a registration is void. The producer or handler list established under this subsection is final and conclusive in making determinations relative to the assent of producers upon the issuance, amendment, or termination of a commodity market development program.

Terms Used In Indiana Code 15-15-11-12

  • 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
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • handler: means a person who engages in the selling, marketing, or distribution of an agricultural commodity that the person:

    Indiana Code 15-15-11-6

  • 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
     (c) The dean of agriculture shall publish a notice of referendum to the attention of producers in the newspapers or trade journals within the affected area that the dean of agriculture prescribes. The dean of agriculture may also mail notice to all producers or handlers on the current list of producers.

     (d) If the majority of those who actually vote favor the adoption of the proposal in the petition, the dean of agriculture shall declare the proposal to be adopted.

     (e) A proposal to change the amount of the fee or to make other major changes in the program may be made only if a proposal for the change is adopted by a two-thirds (2/3) vote of the commodity market development council or by petition of twenty-five percent (25%) of the agricultural commodity producers. The proposal must then be submitted to a referendum under which the same percentages of votes favoring the proposal (by number and production) are required for approval as were required for establishment of the original market development program.

     (f) A proposal to terminate a commodity market development program may be made only if a proposal for termination is adopted by a majority of the commodity market development council or by petition of two percent (2%) of the agricultural commodity producers. The proposed termination must be submitted to a referendum under which a simple majority of those voting in favor of termination of the program is required for termination.

     (g) A referendum to:

(1) set up a commodity market development council for a particular commodity;

(2) change the amount of fee;

(3) make other major changes; or

(4) terminate a commodity market development council;

may not be held within twelve (12) months of a referendum conducted for a similar purpose for the same agricultural commodity.

     (h) If the amount of refund requests under section 18 of this chapter exceeds twenty-five percent (25%) of the amount collected under this chapter for a fiscal year, the dean of agriculture shall conduct a referendum on the continuation of the commodity market development council.

     (i) Any eligible producer may register to participate in a referendum on the continuation or termination of a program. Registration for such a referendum may not be limited to those producers who registered for the referendum to establish the program.

[Pre-2008 Recodification Citation: 15-4-3.5-5.]

As added by P.L.2-2008, SEC.6. Amended by P.L.130-2011, SEC.3.

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