Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 25 - RULES FOR ADOPTION OF FRESH BLUEBERRY MARKET ORDERS
Section 001-25-3 - Referendum Procedures

A. Adoption by the Commissioner. After public hearing and the close of time for submission of written comments on any proposed market order, the Commissioner may, upon finding that the market order will effectuate the legislative policy of the Act, adopt such order with such amendments as he deems appropriate in response to comments received.

B. Distribution of Ballots. Upon his adoption of a market order, referendum ballots shall be distributed by the Commissioner to all blueberry handlers, the names of which the Commissioner shall use due diligence to determine.

C. Return of Ballot. Blueberry handlers shall return the referendum ballot within the time specified thereon. On the ballot, the handler shall indicate its name, address, the volume of blueberries in pints or equivalent marketed in consumer packs during the preceding marketing season and an affirmative or negative vote on the proposed market order. Any person voting on behalf of a handler which is a corporation or business association shall indicate his authority to do so. All ballots shall be signed and certified as to their truth.

D. Validity of Ballots. The referendum ballots shall be considered by the Commissioner if they are received within the specified period. The Commissioner shall not consider a referendum ballot which he determines is not properly completed and signed.

E. Criteria for Passage. The referendum shall be deemed to have passed if the Commissioner determines that 66 2/3% or more of the blueberry handlers participating in the referendum have voted in favor of the market order and that the affirmative vote represents at least 51% of the quantity of blueberries marketed in the preceding marketing season, as shown on the ballots submitted by those participating in the referendum,- or, in the alternative, if the Commissioner determines that 51% or more of the blueberry handlers who participated in the referendum have voted in favor of the market order and that affirmative vote represents at least 66 2/3% of the quantity of blueberries marketed during the preceding marketing season, as shown on the ballots submitted by those participating in the referendum.

F. Certification. The Commissioner shall certify the results of the referendum to the Attorney General and shall file the order with the Secretary of State.