§ 3-428 – Approval of a marketing agreement; amendments; term
3-428. Approval of a marketing agreement; amendments; term A. A marketing agreement applies only to producers and shippers who sign the marketing agreement and is effective on the approval of the director. Additional signatories may be added with the approval of the director. If signatories withdraw, the director may review and terminate the marketing agreement […]
§ 3-429 – Application of administrative procedures act
3-429. Application of administrative procedures act Title 41, chapter 6, article 10 applies to administrative procedures prescribed by this article.
§ 3-430 – Transfer of property on termination
3-430. Transfer of property on termination All property, except monies, of a terminated commission or committee shall be transferred to the department. The department may use or convey the property for the benefit of another commission or committee or may dispose of the property at the director’s discretion.
§ 3-420 – Inspection and enforcement
3-420. Inspection and enforcement A. An inspector, discharging his duties, may enter every facility during operating hours or commercial vehicles in this state where an affected commodity is produced, stored, packed, delivered for shipment, being transported or offered for sale and inspect representative samples of the affected commodity to determine compliance with a marketing order […]
§ 3-421 – Violations; civil penalties; hearing; court action
3-421. Violations; civil penalties; hearing; court action A. A person who violates a marketing order or marketing agreement three times during a marketing season is subject to a civil penalty of at least fifty dollars but not more than five hundred dollars for the first offense and a civil penalty of at least one hundred […]
§ 3-422 – Records and reports
3-422. Records and reports A. The department may require affected persons to maintain records about their operation and furnish the records on request to the marketing commission, marketing committee or department to ensure compliance with a marketing order or marketing agreement. B. The marketing commission, marketing committee or hearing officer may hold a hearing in […]
§ 3-423 – Payment of costs of hearing on a marketing order
3-423. Payment of costs of hearing on a marketing order If an affected person requests a hearing on a marketing order pursuant to title 41, chapter 6, article 10, the affected person shall pay all costs of the hearing.
§ 3-408 – Public meeting; notice
3-408. Public meeting; notice A. A public meeting on the petition shall be held within sixty days after the department receives the petition. B. Notice shall be sent to all affected persons on the department list and interested parties five to thirty days before the date of the public meeting. The notice shall state the […]
§ 3-424 – Initiation of the marketing agreement process; contents
3-424. Initiation of the marketing agreement process; contents A. Two or more persons who produce or ship the affected commodity shall file an application with the director together with a filing fee of five hundred dollars to cover the costs of the public meeting. If the public meeting costs less than five hundred dollars, the […]
§ 3-409 – Findings
3-409. Findings A. Based on testimony received at the public meeting, the director may recommend to the petitioners that the proposed marketing order be modified. If the petitioners make any substantial changes to the proposed marketing order after the public meetings, there shall be at least one additional public meeting to receive evidence and testimony […]