01-001-4 Me. Code R. § 8

Current through 2024-46, November 13, 2024
Section 001-4-8 - TERMINATION
A. By the Commissioner. The Commissioner may terminate a market order in a manner provided by 5429 of the Act whenever he determines that the provisions of the order do not tend to effectuate legislative policy.
B. By petition. The Commissioner shall terminate a market order at the end of the fiscal year if he has received, prior to April 15 of that year, a properly completed petition for termination and has determined, prior to June 15th of that year, that termination is favored by at least 50% of the producers who produced at least 51% of the volume marketed as required by § 429 of the Act. 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 producer engaged in the production of apples for market during the preceding marketing season and shall certify, in boxes, the volume of apples marketed.
(2) A petition for termination shall be considered properly completed only if it contains a sufficient number of signatures to represent 25% of the producers who marketed 25% of the volume of apples.
(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. Producers and volume specified. For purposes of 5429 of the Act, the Commissioner determines that the volume of apples marketed during the 1981-82 marketing season was 89 million pounds, and that the number of producers was 225. Upon receipt of a petition pursuant to subsection B, or at an earlier time, the Commissioner shall determine the volume of apples marketed and the number of producers for the preceding marketing season.
D. Five year mandatory review. At least once during each five-year period that the order is in effect, the Apple Marketing Committee shall conduct a referendum of apple producers in the commodity area to substantiate approval of the order, the first such five-year period to commence September 1, 1983. In the event of suspension or a petition to terminate, a new five-year period will begin, effective the first of July following the date of certification of approval of the order by the Commissioner.

01-001 C.M.R. ch. 4, § 8