2017 Vermont Statutes
Title 6 - Agriculture
Chapter 163 - Vermont Dairy Promotion Council; Producer Tax
§ 2988 Referendum

§ 2988. Referendum

(a) The following percent of the itemized groups of producers and distributors may petition the Secretary for a referendum to determine whether assessments for their milk promotion program under section 2981 of this title shall continue or discontinue for their group:

(1) twenty-five percent of Vermont producers who are producing milk for consumption in Vermont;

(2) fifteen percent of Vermont producers who are producing milk for out-of-state consumption; or

(3) thirty percent of Vermont distributors who purchase milk for retail sale in Vermont.

(b) The Secretary, upon receiving a petition for a referendum from any itemized group referred to in subsection (a) of this section, shall establish a committee of members of that group as provided in subsection (c) of this section. The committee shall direct the Secretary to send secret ballots to all producers or distributors who are members of that group and tally the results of the vote.

(c) The voting committee shall consist of the following:

(1) two members from the group referred to in subdivision (a)(1) of this section;

(2) three members from the group referred to in subdivision (a)(2) of this section; and

(3) two members from the group referred to in subdivision (a)(3) of this section.

(d) Milk producers and distributors referred to in subsection (a) shall be eligible to vote only on a referendum which relates to an assessment on a group of which they are a member. A referendum shall be considered approved by a majority of the members of that group who participate in the vote.

(e) Any time after two years from the effective date of a previous referendum vote by a particular group to continue or discontinue the assessment, members of the group as provided in subsection (a) may petition the Secretary to determine whether the assessment on that group should continue or discontinue. The referendum shall be conducted and the results determined in accordance with the provisions of this section. A referendum to recommend an assessment program should be conducted in the same manner.

(f) All administration costs associated with the referendum vote shall be assessed against the Vermont dairy promotion fund. (Added 1979, No. 101 (Adj. Sess.), § 9; amended 1981, No. 198 (Adj. Sess.), § 9, eff. April 22, 1982; 1989, No. 256 (Adj. Sess.), § 8, eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 7, eff. May 19, 2011.)