185C.25 - EFFECTIVE PERIOD OF PROMOTIONAL ORDER -- TERMINATION.
185C.25 EFFECTIVE PERIOD OF PROMOTIONAL ORDER --
TERMINATION.
1. A state assessment adopted upon the initiation of a
promotional order shall be collected during the effective period of
the order, and shall have no effect upon termination of the
promotional order. Upon adoption or extension of the promotional
order, the order shall be effective for the period described in
section 185C.15 unless the order is terminated as provided in this
section or suspended as provided in section 185C.25A.
2. The secretary shall call a referendum to terminate the
promotional order if all the following conditions are met:
a. The secretary receives a petition signed by at least five
percent of the state's producers reported in the most recent United
States census of agriculture.
b. The petition is signed by at least five percent of the
state's producers residing in each of five districts according to the
most recent United States census of agriculture.
c. The secretary receives the petition not less than one
hundred fifty days from the date that the order is due to expire, but
receives the petition not more than two hundred forty days before the
date that the order is due to expire.
3. The secretary shall conduct the election as provided for a
referendum under this chapter, including sections 185C.16 through
185C.20. If upon counting and tabulating the ballots, the secretary
determines that a majority of voting producers favor termination of
the state assessment, the secretary, in cooperation with the board,
shall terminate the state assessment in an orderly manner as soon as
practicable.
4. If the assessment is terminated, another referendum shall not
be held for at least one hundred eighty days from the date that the
assessment is terminated. A succeeding referendum to restore the
assessment shall be called by the secretary upon petition of at least
five hundred producers requesting a referendum. The petitioners
shall guarantee the costs of the succeeding referendum. The
secretary shall conduct the election as provided for a referendum
under this chapter not later than one hundred fifty days after the
secretary receives the petition. If a referendum held pursuant to
this subsection is approved by producers, the promotional order shall
commence no later than two hundred ten days following the date that
the petition is received by the secretary. Section History: Early Form
[C77, 79, 81, § 185C.25] Section History: Recent Form
89 Acts, ch 198, §13
Referred to in § 185C.24