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 001-25-9 - Termination
Current through 2024-38, September 18, 2024
A. By the Commissioner. The Commissioner may terminate a Market Order in the manner provided in 429 of the Act whenever he determines that the provisions of the Market Order do not effectuate legislative policy.
B. The Commissioner shall terminate the market Order on or before July 1 if he has received, prior to April 15 of that year, a properly completed Petition for Termination and has determined, prior to June 15 of that year, that termination is favored by at least 50% of the blueberry handlers who produced at least 51% of the volume represented by all blueberry handlers in the immediately preceding calendar year. Petitions and termination procedures shall be governed by the following provisions:
A Petition for Termination shall provide that its signatories favor termination of the existing Market Order. Each person signing shall certify that he was a blueberry handler engaged in the packing and marketing of blueberries &ring the preceding marketing year and shall certify the volume in pounds of blueberries marketed by him.
A Petition for Termination shall be considered properly completed only if it contains a sufficient number of signatures to represent at least 25% of the blueberry handlers who marketed at least 25% of the blueberries marketed by all blueberry handlers.
Upon receipt of a Petition for Termination, the Commissioner shall distribute and tabulate termination ballots in the same manner as referendum ballots pursuant to section 3 herein.
C. Amendments to These Rules or to the Market Order. Except as otherwise provided therein, amendments to the terms set forth in the Market Order itself (Chapter 26) shall require a new referendum; provided that amendments to these rules (Chapter 25) may be promulgated by the Commissioner by rulemaking under the Administrative Procedure Act, and with the recommendation or consent of the Blueberry Marketing Committee, but without further referendum.
