2018 Vermont Statutes
Title 6 - Agriculture
Chapter 24 - Agricultural Marketing Rules
§ 253a Vermont agricultural commodity marketing boards
§ 253a. Vermont agricultural commodity marketing boards
(a) The Secretary may at his or her initiative, or upon receipt of a petition from producers of a particular agricultural commodity, propose a marketing rule. Any petition shall be signed by at least 100 of the producers who would be affected by the rule, or at least 25 percent of all the producers of the commodity in question, whichever is less.
(b) After determining that a valid petition has been filed, the Secretary shall prepare and mail a proposed marketing rule. After an opportunity for a hearing, the Secretary shall conduct a referendum of the affected producers. The marketing rule shall be approved by at least 51 percent of the eligible producers who participate in the referendum before it may be promulgated.
(c) Any marketing rule established under this section shall create a commodity marketing board, to be appointed by the Secretary. This board shall be made up of persons nominated by producers of the affected agricultural commodity and a representative of the Secretary. The rule shall establish the number of members of the commodity marketing board, not to exceed seven, and shall provide for their terms of office. Commission members shall be reimbursed in the same manner as members of the board.
(d) Any marketing rule established under this section may contain all the same terms and conditions as a rule established under section 253 of this title. Any commodity marketing board established under this section shall have all the same powers and duties as the Apple Marketing Board, with respect to the affected commodity.
(e) Once a marketing rule has been established, it can be amended or terminated at any time by the applicable commodity marketing board after approval by 51 percent of the voting eligible producers. In addition, 25 percent or more of the eligible producers may petition to have a marketing rule amended or terminated, after approval of not less than 51 percent of producers participating in a referendum vote. (Added 1993, No. 73, § 1, eff. June 10, 1993; amended 2003, No. 42, § 2, eff. May 27, 2003.)
