(a) An Agricultural Commodity Advisory Board is hereby created for the producers of each agricultural commodity who file with the Secretary a petition requesting that the producers of such commodity be subjected to the sections of this chapter. The petition is to be signed by at least 100 producers or at least 10 percent of the producers of such commodity whichever is less. Such petition shall be certified by at least 2 producers to have been signed only by producers of the commodity involved.

(b) Upon petition of the required number of producers, the Secretary shall, after consultation with the various agricultural or commodity organizations petitioning for a referendum, determine the size of the Agricultural Commodity Advisory Board and distribution of the Board membership. The Advisory Board may designate agricultural industry, Department of Agriculture and University of Delaware personnel, either by name or by office, to serve as consultants to the Board.

(c) Within 30 days after the filing of the petition by the required number of the producers, the Secretary shall appoint a nominating committee of 5 persons from the involved agricultural or commodity organizations who shall, within 60 days from the filing of such petition, nominate at least 2 candidates for each Advisory Board position and certify the names of such nominees to the Secretary. Nominees shall be selected with a view to establishing a fair representation of all producers throughout the area to be organized, which shall comprise the entire State unless otherwise determined by the Secretary after consultation with agricultural and commodity organizations, in which event the Secretary shall define such area following county lines. Upon receipt of the nominations, the Secretary shall promptly arrange an election to be held at places designated by the Secretary, reasonably convenient to all producers in the organized area, and give at least 14 days’ notice of such election in at least 1 newspaper having a general circulation in the organized area. Ballots setting forth the names of nominated candidates and providing for write-in candidates shall be made available at all polling places. Only producers of the particular commodity shall be qualified to elect members of that commodity’s Advisory Board. Polling procedures shall be established to avoid voting by others than those qualified to vote. An impartial committee appointed by the Secretary shall tabulate the votes and the candidates receiving the most votes shall be declared elected to the first Advisory Board. In each calendar year following the one in which the first Board is elected, candidates shall be selected and an election shall be held to elect a successor or successors to the Board member or members whose term or terms expire in that year. Nominations shall be made and the elections shall be held in the same manner as prescribed for the first Board except that the choice of nominating committee members, the time of nominations and the time and place of elections shall be fixed by the Secretary with the consent of the Advisory Board.

(d) At the first meeting of the first Advisory Board the Secretary shall determine by lot one third of the Board members whose terms shall expire June 30 in the calendar year following the year of the first election, one third of the Board members whose terms shall expire June 30 in the second calendar year and the remaining Board members whose terms shall expire June 30 in the third calendar year. In the event the Secretary has designated specific areas for representation on the Advisory Board, the terms of Board members in any one area shall not expire in the same year. All elected successor Board members shall be elected for 3-year terms and each shall serve until the member’s successor is elected and qualified. No Board member shall succeed himself or herself after serving 2 full terms. In the event a Board member ceases to have any of the qualifications herein established, the member’s office shall be deemed vacant. Any interim vacancy on the Board shall be filled by appointment of the Board for the remainder of the term vacated.

(e) The Secretary of Agriculture shall serve as secretary of the Advisory Board without vote. The Board shall elect, from its own membership, a chairperson, and a vice chairperson who shall act in the absence of the chairperson, and such other officers as the Board may deem appropriate. The terms of such officers shall expire on June 30 of each year and their successors shall be elected at the first meeting following that date.

62 Del. Laws, c. 176, § 1; 70 Del. Laws, c. 186, § 1.