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(4) Certifications signed by dairy farmers (ii) The cooperative association may cast who claim to be producers;
only one ballot for all such producers. (5) Any other reliable sources of informa- (iii) Whenever more than one cooperative tion which may be available to the referen- association claims the right to vote for a dum agent.
producer only the cooperative association (b) Apply, as a guide, the following cri- which furnished evidence satisfactory to the teria in preparing a record of producers: referendum agent that such association was
(1) When the order requires approval by in fact marketing the milk of the producer an appropriate health authority before a on the date of the referendum order may person meets the definition of producer, vote for such producer. only those persons having such approval and who otherwise meet the definition may be
$ 900.306 Notice of the referendum. regarded as producers. When the definition
(a) The referendum agent shall at least of producer requires the shipment of milk
5 days prior to the final date for balloting: to a handler or a plant as well as health
(1) Mail to each cooperative association authority approval, only those persons hav- which has elected to cast a ballot on behalf ing such approval and whose milk was re
of its producers and to each of all other ceived by a handler or at a plant may be known producers, a notice of the referendum regarded as producers.
which will include instructions for complet(2) When the order requires shipment to
ing the ballot, a statement as to the time a handler or to a plant, without regard to within which the ballot must be mailed to, health authority approval, a person may not and received by, the referendum agent, a be regarded as a producer, except as provided
copy of the final decision, and a ballot conin subparagraph (6) of this paragraph, unless
taining a description of the terms and conhis name appears on the handler's producer
ditions of the order. records.
(2) Give public notice of the referendum: (3) In the case of a producer that is other
(i) By furnishing press releases and other than an individual, the business unit shall
information to available media of public inbe regarded as the producer.
formation (including but not limited to (4) No person may be included in the
press, radio, and television facilities) serving record more than once although he may operate more than one farm, hold more than
the area, announcing the time within which one health authority approval, or appear on
ballots must be completed and mailed to
and received by the referendum agent, eligimore than one handler's producer records. (5) In the event the health authority rec
bility requirements, where additional inforords are not available, are inaccurate, or are
mation may be procured, and other pertinent
information; and incomplete, the appearance of the producer's name on a handler's records as an approved
(ii) By such other means as said agent producer shall be prima facie evidence of
may deem advisable. health authority approval.
$ 900.307 Time for voting. (6) In the event any handler refuses or fails to make his records available to the
There shall be no voting except within referendum agent, a certification signed by
the time specified by the referendum agent
as stated in the notice of the referendum. the producer shall be regarded by the referendum agent as prima facie evidence that
$ 900.308 Tabulation of ballots. such person is eligible to vote. (c) Verify the information supplied by
(a) General. The referendum agent shall each cooperative association which wishes to
verify the information supplied with each vote on behalf of producers, as follows:
ballot. If he ascertains that the person who (1) Examine the records of the cooperative
cast the ballot was eligible to do so, that the association for the purpose of ascertaining
ballot is complete and was mailed and rewhether each producer claimed by the coop
ceived within the prescribed time, the ballot erative association is a member of, stock
shall be eligible to be counted. If the referenholder in, or under contract with the co
dum agent ascertains that the person who operative association.
cast the ballot was not eligible to do so, (2) Identify the persons ascertained to be or if the producer who cast the ballot was members of, stockholders in, or under con
a member of, stockholder in, or under contract with a cooperative association which tract with a cooperative association which wishes to vote on behalf of its producers cast a valid ballot, or if the ballot is not comwith the names of producers which appear pleted or cast in accordance with instrucon the record compiled pursuant to para
tions, or if the ballot was not mailed to or graph (a) of this section.
received by the referendum agent within the (3) In determining whether a cooperative prescribed time, the ballot shall be marked association may vote on behalf of a producer "disqualified” with a notation on the ballot the following criteria shall be used:
as to the reason for the disqualification. The (i) The cooperative association may vote total number of ballots cast, including the for each producer who is a member of, stock- disqualified ballots, shall be ascertained. The holder in, or under contract with such co- number of eligible ballots cast approving operative association on the date of the and the number of eligible ballots cast disorder directing that the referendum be con- approving the issuance of the order shall also ducted.
be ascertained. The ballots marked "disqual
ified” shall not be considered as approving $ 900.350 General statement.
Cooperative marketing associations apply and the persons who cast such ballots shall
for qualification by the Secretary under the not be regarded as participating in the
Federal milk order program for certain privreferendum.
ileges and exemptions. These privileges and (b) Individual-handler pool provisions.
exemptions are expressed in the Agricultural Whenever separate approval of the pooling
Marketing Agreement Act of 1937 (50 Stat. provisions of the order is required by section
246) as amended, and the milk marketing 608C(5) (B) (i) of the act, any ballot which orders issued pursuant to its provisions. approves the issuance of the order and disapproves the pooling provisions, or approves
$ 900.351 Applications for qualification. the pooling provisions and disapproves the Any association of producers may apply issuance of the order, shall be disqualified; for determinations as to whether it is a qualand the referendum agent shall mark the ified cooperative association with authority ballot accordingly.
to represent producers in order referendums; (c) Record of results of the referendum. has authorization to collect payment from The referendum agent shall notify the Ad- handlers for members' milk; and is rendering ministrator of the number of eligible ballots specified marketing services to producers. cast, the count of the votes, the number Applicant associations should supply inforof disqualified ballots and the number of mation for these determinations, using as a producers who were eligible to cast ballots. guide Application Form DA-25. The appliThe referendum agent shall seal the ballots, cation form may be obtained from the Dairy including those marked "disqualified", the Division, Consumer and Marketing Service, list of eligible voters and tabulation of bal- United States Department of Agriculture, lots, and shall transmit to the Administra- Washington, D.C. 20250. Determinations retor a complete detailed report of all action quired of the Secretary of Agriculture, or the taken in connection with the referendum Administrator of the Consumer and Markettogether with all the ballots cast and all ing Service, by delegation are made by the other information furnished to or compiled
Director of the Dairy Division. Once issued by the referendum agent.
they are valid until amended, suspended or (d) Announcement of the results of the
terminated. referendum. Announcement of the results of
$ 900.352 Confidential information. the referendum will be made only at the direction of the Secretary. The referendum
The documents and other information agent, or others who assist in the referen
submitted by an applicant association and dum, shall not disclose the results of the
otherwise obtained by investigation, examreferendum or the total number of ballots
ination of books, documents, papers, records, cast.
files and facilities, and in reports filed sub
sequent to initial determinations of quali$ 900.309 Confidential information. fication, shall be regarded as confidential
and shall be governed by $ 900.210.
Statutory requirements for qualification to, compiled by, or in the possession of the
of cooperative associations are provided in referendum agent, shall be regarded as
subsections (5) and (12) of section 608C of confidential.
the Agricultural Marketing Agreement Act $ 900.310 Supplementary instructions.
of 1937, as amended (7 U.S.C. 601 et seq.).
The association must: (a) Be a cooperative The Administrator is authorized to issue
marketing association of producers, qualiinstructions and to prescribe forms and bal
fied under the provisions of the Act of Conlots, not inconsistent with the provisions of
gress of February 18, 1922, as amended, this subpart, to govern the conduct of refer
known the “Capper-Volstead Act," (7 enda by referendum agents.
U.S.C. 291, 292); (b) have its entire organi$ 900.311 Submittals or requests.
zation and all of its activities under the con
trol of its members; (c) have full authority Interested persons may secure information in the sale of its members' milk; and (d) be or make submittals or requests to the Ad- engaged in making collective sales or marministrator with respect to the provisions contained in this subpart.
keting of milk or milk products for the pro
ducers thereof. Qualification for exemption Subpart-Procedure for Determining the Qualifi
from deductions for marketing service paycation of Cooperative Milk Marketing Asso
ments under specific marketing orders and ciations
payment for milk of members under specific
orders shall be determined in accordance AUTHORITY: $ $ 900.350 to 900.357 issued with the terms of the respective marketing under secs. 1-19, 48 Stat. 31, as amended; 7 orders. U.S.C. 601-674.
$ 900.354 Inspection and investigation. SOURCE: 88 900.350 to 900.357 appear at The Secretary of Agriculture, or his duly 32 F.R. 9821, July 6, 1967, unless otherwise authorized representative, shall have the noted.
right, at any time after an application is re
ceived, to examine all books, documents, tives of the association and of the Govern-
Acting Director of the Dairy Division, or a $ 900.355 Annual reporting.
person designated by him, shall preside at
the hearing. The hearing shall be conducted Determinations of qualification for privi- in such manner as will be most conducive leges and exemptions are subject to amend
to the proper disposition of the matter. ment, termination or suspension if the Written statements or briefs may be filed association does not currently meet the qual- by the association within the time specified ification standards. An association found
by the presiding officer. to be qualified pursuant to the Act is re- (d) Preliminary report. The presiding offquired to file an annual report after its an- cer shall prepare a preliminary report setting nual meeting has been held following the forth a recommendation as to what action close of its fiscal year. Form DA-24 is used shall be taken and the basis for such action. for this purpose. The report form is available
A copy of said report shall be served upon the at the Dairy Division, Consumer and Market- association by mail or in person. The assoing Service, U.S. Department of Agriculture, ciation may file exceptions to said report Washington, D.C. 20250. The association is
within 10 days after service thereof. required to file a copy of its report with the
(e) Final report. After due consideration Dairy Division at Washington and with the of all the facts and the exceptions, if any, the market administrator of each order under
Director of the Dairy Division shall issue a which it operates.
final report setting forth the action to be
taken and the basis for such action.. § 900.356 Listing of qualified associations,
Subpart - Procedure for the Conduct of Referenda A copy of each determination of qualifi- in Connection With Marketing Orders for Fruits, cation is furnished to the respective asso- Vegetables, and Nuts Pursuant to the Agriculciation. Copies are also filed in the Dairy tural Marketing Agreement Act of 1937, as Division, Consumer and Marketing Service, Amended and with the Hearing Clerk, Office of the
AUTHORITY: $ $ 900.400 to 900.407 issued Secretary, U.S. Department of Agriculture,
under secs. 1-19, 48 Stat. 31, as amended; 7 Washington, D.C. 20250, where they are avail
U.S.C. 601-674. aple for public inspection. A list of qualified associations engaged in marketing milk under SOURCE: $ $ 900.400 to 900.407 appear at a particular milk marketing order is main- 30 F.R. 15414, Dec. 15, 1965, unless othertained at the office of the market adminis- wise noted. trator of the order.
$ 900.400 General. $ 900.357 Denial of application; sus- Referenda for the purpose of ascertaining
pension or revocation of determina- whether the issuance by the Secretary of tion of qualification.
Agriculture of a marketing order to regulate Any cooperative association whose appli- the handling of any fruit, vegetable, or nut, cation has been wholly or partially denied, or product thereof, or the continuance or or whose determination of qualification has termination of such an order, is approved or been wholly or partly revoked or suspended, favored by producers or processors shall, unmay petition the Secretary for a review of less supplemented or modified by the Secsuch action. Such petition shall state facts retary, be conducted in accordance with this relevant to the matter for which review is subpart. sought. After due notice to such cooperative
$ 900.401 Definitions. association, the Director of the Dairy Division, or in his absence the Acting Director,
(a) “Act” means Public Act No. 10, 73d shall hold, in the manner hereinafter speci
Congress (48 Stat. 31), as amended, and as fied, an informal hearing.
reenacted and amended by the Agricultural (a) Notice. Notice shall be given in writing
Marketing Agreement Act of 1937 (50 Stat. and shall be mailed to the last known ad- 246), as amended (7 U.S.C. 601-674). dress of the association, or of an officer
(b) "Secretary" means the Secretary of thereof, at least 3 days before the date set Agriculture of the United States, or any offor a hearing. Such notice shall contain: a
ficer or employee of the Department to statement of the time and place of the hear
whom authority has heretofore been deleing, said place to be as convenient to the
gated, or to whom authority may hereafter association as can reasonably be arranged,
be delegated, to act in his stead; and “Deand may contain a statement of the reason
partment” means the United States Departfor calling the hearing and the nature of the
ment of Agriculture. questions upon which evidence is desired or
(c) “Administrator" means the Adminisupon which argument may be presented. (b) Parties. Hearings are not to be public
trator of the Consumer and Marketing Servand are to be attended only by representa
ice, with power to redelegate, or any officer
or employee of the Department to whom au
thority has been delegated or may hereafter the commodity covered by the order shall be delegated to act in his stead.
be entitled to vote in the referendum the (d) “Order" means the marketing order quantity of such commodity canned or fro(including an amendatory order) with re- zen within the production area for market spect to which the Secretary has directed by him during the representative period dethat a referendum be conducted.
termined by the Secretary. (e) "Referendum agent” means the indi- (c) Proxy voting is not authorized but vidual or individuals designated by the Sec- an officer or employee of a corporate proretary to conduct the referendum.
ducer, processor or cooperative association, (f) "Representative period” means the or an administrator, executor or trustee of period designated by the Secretary pursuant a producing estate may cast a ballot on beto section 8c of the act (7 U.S.C. 608c).
half of such producer, processor, estate, or (8) "Person" means any individual, part- cooperative association. Any individual so nership, corporation, association, or other voting in a referendum shall certify that he business unit. For the purpose of this defini- is an officer or employee of the producer, tion, the term “partnership" includes (1) a processor, or cooperative association, or an husband and wife who have title to, or lease- administrator, executor, or trustee of a prohold interest in, land as tenants in common, ducing estate, and that he has the authority joint tenants, tenants by the entirety, or, to take such action. Upon request of the under community property laws, as com- referendum agent, the individual shall submunity property, and (2) so-called "joint mit adequate evidence of such authority. ventures," wherein one or more parties to (d) Each producer, cooperative association the agreement, informal or otherwise, con- of producers, and processor entitled to vote tributed capital and others contribute labor, in a referendum shall be entitled to cast one management, equipment, or other services, ballot in the referendum. Each producer, or any variation of such contributions by cooperative association of producers, and two or more parties, so that it results in the
processor casting more than one ballot with growing of the commodity for market and conflicting votes shall thereby invalidate all the authority to transfer title to the com- ballots cast by such producer, cooperative asmodity so produced.
sociation of producers, or processor in such (h) “Producer" means any person defined referendum. as a producer in the order who: (1) Owns and farms land, resulting in his ownership
$ 900.403 Instructions. of the commodity produced thereon; (2) The referendum agent shall conduct the rents and farms land, resulting in his own
referendum, in the manner herein provided, ership of all or a portion of the commodity under supervision of the Administrator. The produced thereon; or (3) owns land which Administrator may prescribe additional inhe does not farm and, as rental for such structions, not inconsistent with the proviland, obtains the ownership of a portion of sions hereof, to govern the procedure to be the commodity produced thereon. Ownership followed by the referendum agent. Such of, or leasehold interest in, land and the agent shall: acquisition, in any manner other than as (a) Determine the time of commencement hereinbefore set forth, of legal title to the and termination of the period of the refercommodity grown thereon shall not be endum, and the time prior to which all baldeemed to result in such owners or lessees lots must be cast. becoming producers.
(b) Determine whether ballots may be $ 900.402 Voting.
cast by mail, at polling places, at meetings
of producers or processors, or by any combi(a) Each person who is a producer, as de- nation of the foregoing. fined in this subpart, at the time of the (c) Provide ballots and related material referendum and who also was a producer to be used in the referendum. Ballot maduring the representative period, shall be terial shall provide for recording essential entitled to only one vote in the referendum, information for ascertaining (1) whether the except that: (1) In a landlord-tenant rela- person voting, or on whose behalf the vote tionship, wherein each of the parties is a is cast, is an eligible voter, and (2) the total producer, each such producer shall be en- volume (i) produced for market during the titled to one vote in the referendum; and representative period, or (ii) canned or fro(2) a cooperative association of producers, zen for market during the representative bona fide engaged in marketing the commod- period. ity or product thereof proposed to be reg- (d) Give reasonable advance notice of the ulated, or in rendering services for or ad- referendum (1) by utilizing without advervancing the interest of the producers of such tising expense available media of public incommodity or product, may, if it elects to formation (including, but not being limited
vote, both by number and total volume, to, press and radio facilities) serving the for the producers who are members of, stock- production area, announcing the dates, holders in, or under contract with such association.
places, or methods of voting, eligibility re
quirements, and other pertinent information, (b) Whenever, as required by the act, and (2) by such other means as said agent processors vote on the issuance of an order, may deem advisable. each processor who is engaged in canning (e) Make available to producers and the or freezing within the production area of
aforesaid cooperative associations which in
dicate to the agent their intentions to vote, $ 900.405 Ballots. and to processors when required, instructions
The referendum agent and his appointees on voting, appropriate ballot and certifica
shall accept all ballots cast; but, should tion forms, and, except in the case of a ref
they, or any of them, deem that a ballot erendum on the termination or continuance
should be challenged for any reason, said of an order, the text of the proposed order
agent or appointee shall endorse above his and a summary of its terms and conditions:
signature, on said ballot, a statement to the Provided, That no person who claims to be
effect that such ballot was challenged, by qualified to vote shall he refused a ballot.
whom challenged, the reasons therefor, the (f) If ballots are to be cast by mail, cause
results of any investigations made with reall the material specified in paragraph (e)
spect thereto, and the disposition thereof. of this section to be mailed to each producer
Invalid ballots shall not be counted. (and processor when required) whose name and address is known to the referendum $ 900.406 Referendum report. agent.
Except as otherwise directed, the Adminis(g) If ballots are to be cast at polling
trator shall prepare and submit to the Secreplaces or meetings, determine the necessary
tary a report on results of the referendum, number of polling or meeting places, desig
the manner in which it was conducted, the nate them, announce the time of each meet
extent and kind of public notice given, and ing or the hours during which each polling
other information pertinent to analysis of place will be open, provide the material
the referendum and its results. specified in paragraph (e) of this section, and provide for appropriate custody of bal- $ 900.407 Confidential information. lot forms and delivery to the referendum
All ballots cast and the contents thereof agent of ballots cast.
(whether or not relating to the identity of (h) At the conclusion of the referendum,
any person who voted or the manner in canvass the ballots, tabulate the results, and,
which any person voted) and all informaexcept as otherwise directed, report the out
tion furnished to, compiled by, or in possesto the Administrator and promptly
sion of, the referendum agent shall be treated thereafter submit the following:
as confidential. (1) All ballots received by the agent and appointees, together with a certificate to
Subpart-Public Information the effect that the ballots forwarded are
AUTHORITY: $ $ 900.500 to 900.516 issued all of the ballots cast and received by such
under 5 U.S.C. 552, 559. persons during the referendum period;
(2) A list of all challenged ballots deemed SOURCE: $ $ 900.500 to 900.516 appear at 32 to be invalid; and
F.R. 9610, July 4, 1967, unless otherwise (3) A tabulation of the results of the
noted. referendum and a report thereon, including
AVAILABILITY OF PROGRAM INFORMATION, a detailed statement explaining the method
STAFF MANUALS AND INSTRUCTIONS, used in giving publicity to the referendum
RELATED MATERIAL and showing other information pertinent to the manner in which the referendum was
$ 900.500 Sources of
tion. $ 900.404 Subagents.
A description of the central and field orThe referendum agent may appoint any ganization of the Consumer and Marketing person or persons deemed necessary or de- Service is published in 32 F.R. 11741, August sirable to assist said agent in performing his 15, 1967. Any revision or amendment will be functions hereunder. Each person so ap
published in the FEDERAL REGISTER as will pointed may be authorized by said agent to any revision or amendment of this subpart. perform, in accordance with the require- [32 F.R. 9610, July 4, 1967, as amended at 32 ments herein set forth, any or all of the fol- F.R. 12992, Sept. 13, 1967] lowing functions (which, in the absence of such appointment, shall be performed by
§ 900.501 Availability of program inforsaid agent):
mation. (a) Give public notice of the referendum
(a) Certain program information such as in the manner specified herein;
handbooks, forms, instructions, and FEDERAL (b) Preside at a meeting where ballots are REGISTER reprints (if copies are available to be cast or as poll officer at a polling place; and it has been customary to distribute such
(c) Distribute ballots and the aforesaid documents) will be made available free to texts to producers (and to processors when Federal or Federal-State cooperative emrequired) and receive any ballots which are
ployees; licensed inspectors, graders, and cast; and
samplers; cooperators under signed coopera(d) Record the name and address of each
tive agreements; plants under inspection or person receiving a ballot from, or casting a
grading contracts; and others with whom ballot with, said subagent and inquire into
the Consumer and Marketing Service is doing the eligibility of such person to vote in the
business and who may be involved in carryreferendum.
ing out assigned program functions. Such
program information will also be indexed