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 001-25-4 - Establishment of the Blueberry Marketing Committee

Universal Citation: 01 ME Code Rules ยง 001-25-4

Current through 2024-38, September 18, 2024

A. Membership. There shall be six members of the Blueberry Marketing Committee. These members shall use their best efforts to represent the entire blueberry industry. Two members shall be blueberry producers who are not blueberry handlers. One member shall be the commissioner or his designee, who shall be an ex-officio, non-voting member of the Committee.

B. Initial Appointments. The members of the initial Blueberry Marketing Committee, other than the ex-officio member, shall be selected and appointed by the Commissioner from nominations made through the following procedure:

I. As soon as possible following the adoption of the Blueberry Marketing Order, the Commissioner shall cause to be held a meeting or meetings of blueberry handlers, at which time those in attendance shall nominate as many persons from the industry, including handlers and producers, as they wish.

II. In making initial appointments to the Committee, the Commissioner shall consider those nominated and shall select a group which he considers to be equitably representative of the affected industry. In order to achieve this end, he may consider persons who are not nominated by blueberry handlers, although not less than three of their nominees shall be appointed.

The persons initially appointed by the Commissioner to the Blueberry Marketing Committee shall continue in such capacity until replaced by elected members, but not later than July 1, 1986.

C. Election Procedures. The following election procedures shall be employed in electing members of the Blueberry Marketing Committee to replace those initially appointed by the Commissioner:

I. Beginning in the calendar year 1986, an annual meeting of all blueberry handlers shall be held between January 1 and June 1 for the purpose of electing members of the Blueberry Marketing Committee for the following year.

II. Election of the Committee members shall be conducted by written ballot and subject to the approval of the Commissioner.

D. Term of office. Members of the Blueberry Marketing Committee shall serve for the following periods:

I. A person selected for appointment by the Commissioner shall serve until replaced by an elected member as provided herein.

II. Elected members shall serve three year terms; except that, of those initially elected (in 1986), one member shall serve a one year term, two members shall serve a two year term, and two members shall serve a three year term.

III. In all cases, members of the Committee shall serve upon qualification by being sworn to office by a Justice of the Peace and by filing a written acceptance with the Secretary of State within 30 days of being notified of selection.

IV. Notwithstanding the terms of office provided for herein, members shall continue to serve until a successor has been elected and qualified.

E. Vacancies. In the event of the failure by the initially appointed or subsequently elected member to qualify or in the event of the death, removal, resignation or disqualification of any member, a successor for the unexpired term shall be appointed by the Commissioner in such manner as he deems appropriate with the advice of the existing members of the Committee.

F. Duties. The Blueberry Marketing Committee shall advise and assist the Commissioner in all matters pertaining to the operation of the Blueberry Market Order, subject only to the limitations of § 427 of the Act. Such duties may include any or all of the following:

I. The recommendation to the Commissioner of rules and regulations relating to the Market Order;

II. The recommendation to the Commissioner of such amendments to the Market Order as seem advisable;

III. The preparation and submission to the Commissioner of the estimated budget required for the proper operation of the Market Order;

IV. The recommendation to the Commissioner of methods for assessing fees and for collecting the necessary funds;

V. The provision of assistance to the Commissioner and the collection and assembling of information and data necessary to the proper administration of the Order;

VI. The performance of such other duties in connection with the Market Order as the Commissioner considers appropriate.

G. Meetings. Meetings of the Committee shall be held periodically, no less often than annually, at the call of the chairman elected by the Committee, any three voting members of the Committee or the Commissioner. Three members shall form a quorum for purposes of the Committee's taking formal action.

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