Sec. 22-54q. Proposed apple market order. Hearing. Decision by the commissioner. Referendum. Amendments. Termination.
Sec. 22-54q. Proposed apple market order. Hearing. Decision by the commissioner. Referendum. Amendments. Termination. (a) An apple market order may be
proposed to the commissioner upon submittal of a petition signed by twenty-five per
cent of the apple producers known to the commissioner. The commissioner shall cause
notice of such order to be published in the Connecticut Law Journal. Within thirty days
of the date of publication of such notice, the commissioner shall conduct a public hearing
and provide reasonable opportunity for the submission of written comments. The commissioner shall within thirty days of the close of the hearing approve or disapprove the
market order. Notice of his decision shall be published in the Connecticut Law Journal.
(b) The commissioner shall approve a proposed market order upon determination
that such order achieves the following goals: (1) The promotion of the efficient and
equitable marketing of apples; (2) the development of new and larger markets for apples
produced in the state; (3) the elimination or reduction of economic waste in apple marketing, and (4) the maintenance of apple grading standards.
(c) The commissioner shall conduct a referendum on any market order approved
in accordance with the provisions of this section. The market order shall take effect if
the commissioner determines (1) not less than two-thirds of the apple producers participating in a referendum voted in favor of the market order and such producers marketed
not less than fifty-one per cent of the quantity of apples marketed during the preceding
marketing season by all apple producers participating in the referendum or (2) not less
than fifty-one per cent of the apple producers participating in a referendum voted in
favor of the market order and such producers marketed not less than two-thirds of the
quantity of apples marketed during the preceding marketing season by all apple producers participating in the referendum.
(d) Not less than twenty days after publication of an approved market order, the
commissioner shall mail a copy of the order and a ballot to each apple producer known
to the commissioner and to any other apple producer requesting a ballot. The ballot shall
be returned by a date specified by the commissioner but not less than twenty days after
the date of mailing by the commissioner. The ballot shall be in such form as the commissioner may prescribe and shall include the following: The vote of the apple producer
for or against the market order and the name and address of the apple producer and
volume of first sale units marketed by such producer during the preceding marketing
season. A ballot shall not be invalid if the volume of apples sold is indicated by another unit.
(e) Each ballot returned to the commissioner shall be signed by the apple producer.
Any individual signing a ballot for a corporation or other business authority shall indicate
his authority to so vote.
(f) An amendment to the order may be proposed to the commissioner upon submittal
of a petition signed by not less than twenty-five per cent of all apple producers known
to the commissioner. An amendment shall be adopted after a referendum conducted
pursuant to this section. The amendment shall be approved if more than fifty per cent
of the apple producers voting in favor thereof provided more than fifty-one per cent or
more of the apples produced in the state during the preceding marketing season. Any
amendment shall take effect during the marketing season following its approval.
(g) The commissioner may terminate an apple market order upon determination
that such order no longer achieves the goals described in subsection (b) of this section.
The effective date of the termination shall be at the close of the marketing season during
which such order was terminated.
(h) Termination of the market order may be requested by a petition submitted to
the commissioner by April fifteenth of any year signed by not less than twenty-five per
cent of apple producers who marketed not less than twenty-five per cent of the apples
produced for market in the preceding marketing season. The commissioner shall terminate the market order by June fifteenth of such year if he determines by a referendum
conducted in accordance with this section that such termination is favored by not less
than fifty per cent of the apple producers who provided not less than fifty-one per cent
of the apples marketed in the preceding marketing season.
(i) The petitioners for a market order or for the amendment or termination of a
market order shall pay the cost of issuing, amending or terminating such order.
(j) Not more than two years after the issuance of the market order and thereafter at
intervals of not more than five years, the market order shall be submitted to apple producers for their approval. Such approval shall be determined by means of a referendum
adopted in accordance with this section.
(P.A. 91-77, S. 3.)