(1) No marketing order or amendments thereto directly affecting and regulating handlers shall become effective unless the department finds that the order has been approved by ballot by the handlers covered by the marketing order who, during a representative period determined by the department, handled no less than 51 percent of the volume of agricultural commodities produced or marketed within the production or marketing area covered by the order, as provided in subsection (3).
(2) No marketing order or amendments thereto directly affecting and regulating producers shall become effective unless and until the department finds that the order has been approved by ballot by the producers covered by the marketing order who, during a representative period determined by the department, produced not less than 51 percent of the volume of agricultural commodities covered by the marketing order and who total by number not less than 65 percent of the agricultural commodities producers so covered by the marketing order, as provided in subsection (3).
(3) All percentages determined by the department as required in this section shall be computed on the basis of persons voting in the referendum.
History.—ss. 10, 26, ch. 87-171; s. 4, ch. 91-429.
Structure Florida Statutes
Title XXXV - Agriculture, Horticulture, and Animal Industry
Chapter 573 - Marketing of Agricultural Commodities
573.104 - Required Consent to Marketing Order by Industry.
573.105 - Petition of Producers.
573.106 - Petitioner’s Expense.
573.108 - Findings Required to Issue Marketing Order.
573.109 - Procedure for Referendum.
573.111 - Notice of Effective Date of Marketing Order.
573.113 - Advisory Council; Exemption From Liability.
573.114 - Possible Subjects of Marketing Orders.
573.115 - Cooperation With Other Governments.
573.116 - Limited Marketing Orders.
573.117 - Marketing Agreement.
573.118 - Assessment; Funds; Review of Accounts; Loans.
573.119 - Department; Powers and Duties.
573.1201 - Certificates of Exemption.
573.121 - Termination or Suspension of Marketing Orders.