§ 3-427 – Application of marketing order provisions to marketing agreements
3-427. Application of marketing order provisions to marketing agreements A. The voting requirements and termination provisions prescribed for marketing orders by this article do not apply to marketing agreements. B. Sections 3-417, 3-418, subsections A and B and 3-419 apply to marketing agreements only if an assessment is made under the agreement. C. Sections 3-420 […]
§ 3-412 – Terminating a marketing order
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 […]
§ 3-413 – Marketing commission; appointment; term
3-413. Marketing commission; appointment; term A. The marketing commission is composed of three to nine members with rotating terms of three years. Two-thirds of the members shall be appointed collectively by the director and associate director, from nominations of affected persons or representative commodity associations and one-third shall be selected by the other members of […]
§ 3-414 – Powers and duties of a marketing commission or marketing committee
3-414. Powers and duties of a marketing commission or marketing committee A. A marketing commission or marketing committee shall: 1. Collect, receive and disburse any monies to be used to administer a marketing order or marketing agreement. 2. Annually elect a chairman, secretary and treasurer from among its members. 3. Meet at least twice annually […]
§ 3-415 – Administrative services; interagency agreements; reimbursement
3-415. Administrative services; interagency agreements; reimbursement A. The marketing commission or marketing committee may employ staff at a rate of compensation determined by the commission or committee, to serve at the pleasure of the commission or committee, and shall prescribe the terms and conditions of employment of employees as necessary to perform the functions prescribed […]
§ 3-416 – Indemnification of marketing commission or marketing committee members
3-416. Indemnification of marketing commission or marketing committee members Each member or employee of a marketing commission or marketing committee is indemnified by the commission or committee against reasonable costs and expenses, including attorney fees, incurred by him in connection with any action, suit or proceeding to which he may be a party by reason […]
§ 3-417 – Assessments; collection; budget
3-417. Assessments; collection; budget A. The annual assessment rate shall not exceed five per cent of the annual gross sales dollar value of the affected commodity determined by the preceding marketing season. Not more than two per cent of the annual gross sales dollar value of the affected commodity may be used to pay costs […]
§ 3-418 – Failure to pay assessment; penalty; hearing; violation; classification
3-418. Failure to pay assessment; penalty; hearing; violation; classification A. A person who is required to pay assessments pursuant to this article, a marketing order or a marketing agreement and who fails to pay the assessments within sixty days after the billing shall be assessed a penalty of ten per cent of the amount of […]
§ 3-419 – Deposit of assessments; use on termination
3-419. Deposit of assessments; use on termination A. Monies collected pursuant to this article shall be deposited in the marketing commission’s or marketing committee’s accounts to be administered and disbursed by the commission or committee for the purposes prescribed in this article. Monies collected pursuant to a marketing order or marketing agreement may not be […]
§ 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 […]