PRINTER'S NO. 825
No. 767 Session of 1981
INTRODUCED BY D. R. WRIGHT, WILT, COLE, STEWART, STUBAN,
F. E. TAYLOR, SHOWERS, STEIGHNER, VAN HORNE, WENGER, MADIGAN,
BOWSER, WASS, W. W. FOSTER, STAIRS, LEVI AND DeVERTER,
MARCH 10, 1981
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 10, 1981
AN ACT
1 Amending the act of September 20, 1961 (P.L.1541, No.657),
2 entitled, as amended, "An act providing for the issuing,
3 administration, enforcement and termination of marketing
4 programs on, agricultural commodities; imposing powers and
5 duties on the Secretary of Agriculture; providing for the
6 creation and operation of advisory boards; prescribing the
7 content of programs; and providing for the imposition and
8 collection of fees," redefining the term "producer," further
9 providing for voting rights and changes in marketing
10 programs; further providing for termination of marketing
11 programs and for periodic marketing program reviews.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Clauses (1) and (2) of section 2, act of
15 September 20, 1961 (P.L.1541, No.657), known as the
16 "Pennsylvania Agricultural Commodities Marketing Act of 1968,"
17 reenacted and amended July 16 1968 (P.L.359, No.179), are
18 amended to read:
19 Section 2. Definitions.--When used in this act, the
20 following words and phrases shall have the following meanings,
21 unless the context indicates otherwise:
1 (1) "Producer" means any [person] individual, corporation,
2 association, or other business unit engaged within this State or
3 any production area therein in the business of producing
4 agricultural commodities, or causing agricultural commodities to
5 be produced.
6 [(2) "Person" means an individual, firm, corporation,
7 association or any other business unit.]
8 * * *
9 Section 2. Subsections (b) and (c) of section 6, section 7
10 and subsection (a) of section 8 of the act, amended August 31,
11 1971 (P.L.425, No.102), are amended to read:
12 Section 6. Effecting Marketing Programs.--* * *
13 (b) The secretary shall conduct the referendum among the
14 affected producers and the affected producers shall be deemed to
15 have assented to the proposed program if, of those voting a
16 majority by number and a majority by volume] a two-thirds
17 majority by number assent to the proposed program.
18 (c) [In determining whether a marketing program or amendment
19 thereto have been approved by producers, the secretary shall
20 consider the vote of a cooperative association as the votes of
21 such members, providing the cooperative has first notified its
22 members, in writing, at least thirty days in advance, of its
23 intention to cast a representative vote. Such notice shall
24 inform the producer of his right to cast his vote individually
25 and shall include thereon the following wording in bold face
26 type: WARNING - IF YOU DO NOT EXERCISE YOUR RIGHT TO VOTE YOUR
27 COOPERATIVE HAS THE RIGHT TO VOTE FOR YOU. Each producer shall
28 receive a ballot from the secretary. The ballot shall contain
29 the following wording in bold face type: WARNING - IF YOU DO NOT
30 EXERCISE YOUR RIGHT TO VOTE YOUR COOPERATIVE HAS THE RIGHT TO
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1 VOTE FOR YOU. If the producer votes individually, his vote shall
2 be deducted from his cooperative representative vote.] Each
3 affected producer shall receive a ballot with appropriate
4 instructions from the Secretary of Agriculture, and producers
5 shall cast individual ballots by mail, to the Secretary.
6 * * *
7 Section 7. Terminating Marketing Programs.--The secretary
8 shall suspend or terminate any marketing program or any
9 provisions of any marketing program whenever he finds that such
10 provisions or program does not tend to effectuate this act
11 within the standards and subject to the limitations and
12 restrictions imposed in this act: Provided, That such suspension
13 or termination shall not be effective until the expiration of
14 the current marketing season. [If the secretary finds that the
15 termination of any marketing program is requested, in writing,
16 by more than thirty-three and one third per centum of the
17 affected producers who produce for market more than fifty per
18 centum of the volume of agricultural commodities produced within
19 the designated production area for market, the secretary shall
20 terminate or suspend for a specified period such marketing
21 program or provisions thereof: Provided, That such termination
22 shall be effective only if announced on or before such date as
23 may be specified in such program.] If ten per centum of the
24 producers in a commodity group of over two thousand affected
25 producers or fifteen per centum of the producers in a commodity
26 group of less than two thousand affected producers request, in
27 writing, that a referendum be held on the question of
28 terminating the program, the secretary must announce and conduct
29 such a referendum within a reasonable period of time, and in any
30 case, within one year of the request, a marketing program shall
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1 be terminated if so voted by a majority of those voting.
2 Section 8. Marketing Program Review; Amendments.--(a) Every
3 [five] three years the Secretary of Agriculture shall call a
4 referendum of affected producers within each agricultural
5 commodity group for which a marketing program exists to
6 determine whether or not two-thirds of those voting still desire
7 a marketing program.
8 * * *
9 Section 3. This act shall take effect immediately.
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