Current through 2024-51, December 18, 2024
Section 001-2-9 - TerminationA. By the Commissioner. The Commissioner may terminate a market order in the manner provided in § 429 of the Act whenever he determines that the provisions of the market order do not effectuate legislative policy.B. By Petition. The commissioner shall terminate the market order if he has received a properly completed Petition for Termination and has determined that termination is favored by at least 51% of the persons affected by the market order as specified therein, who marketed at least 51% of the quantity of the agricultural commodity subject to the order in the immediately preceding marketing year. Petitions and termination procedures shall be governed by the following provisions:1.* A petition for termination shall provide that its signatories favor termination of the existing market order. Each person signing shall certify that he was a person affected by the order, as specified therein, during the immediately preceding marketing year and shall certify the quantity of the agricultural commodity marketed by him.2.* A petition for termination shall be considered properly completed only if it contains a sufficient number of signatures to represent at least 25% of the persons affected by the market order who marketed at least 25% of the quantity of the agricultural commodity subject to the order in the immediately preceding marketing year.3.* Upon receipt of a petition for termination, the Commissioner shall distribute and tabulate termination ballots in the same manner as referendum ballots pursuant to section 3 herein.C. Amendments to these Rules or to the Market Order. Except as otherwise provided therein, amendments to the terms set forth in the market order itself shall require a new referendum. Amendments to these rules may be promulgated by the Commissioner by rulemaking under the Administrative Procedure Act, but without referendum. Any inconsistency between these rules and any market order shall be resolved in favor of the latter with respect to the subject matter of that order.