3-412. Terminating a marketing order
A. The marketing order expires on the fifth anniversary of its effective date unless specified otherwise in the marketing order, terminated previously or reapproved.
B. If the marketing order has been substantially changed and the substantial change was submitted for approval to those persons regulated by the marketing order during the existing term of the marketing order, the marketing order's term is deemed reapproved from the date of the approval of the substantial change.
C. During the last year the marketing order is effective, the department shall develop a list pursuant to section 3-407 and hold a public meeting pursuant to section 3-408 and an election pursuant to section 3-410. If the marketing order is reapproved, the new term begins on the expiration of the existing term.
D. If at least forty per cent of the persons regulated by a marketing order, by volume and by number, present a petition to terminate the marketing order to the department and the signatures have been collected within ninety days, the department shall hold a public meeting pursuant to section 3-408 and depending on the testimony presented at the public meeting may submit the marketing order for an election pursuant to section 3-410 within sixty days after the filing of the petition. The petition shall state the text of the marketing order, the proposed method of voting and any other pertinent information.
E. If a marketing commission, by a two-thirds vote of its membership, determines that it is no longer in the best interest of the persons regulated by the marketing order to continue the marketing order, the department shall submit the marketing order to an election pursuant to section 3-410 within thirty days after the marketing commission's vote.
F. If a marketing commission does not meet for three consecutive marketing seasons, the director may call a public meeting pursuant to section 3-408 to determine whether an election on termination is necessary.
G. If an election is conducted by referendum, the marketing order shall be terminated if a majority of the persons regulated by the marketing order by number and volume votes to terminate the marketing order.
H. If an election is conducted by written assent, the marketing order shall be terminated if a majority of the persons regulated by the marketing order by number and volume files a written assent to terminate the marketing order with the department.
I. The department shall certify the election results. The department may not disclose how a particular person voted but shall disclose who voted and the total number of votes cast in favor of the marketing order and the total number of votes cast opposing the marketing order.
J. If the department certifies that the marketing order shall be terminated pursuant to the results of the referendum or written assent, the marketing order terminates five days after the notice is mailed to every person regulated by the marketing order and persons who request notification.
K. A marketing order shall not be submitted for termination until one year after an election.
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