RCW 15.66.090
After final decision—Assent of affected parties determined by referendum.
After the director issues his or her final decision approving the issuance, amendment, or termination of a marketing order, the director shall determine by a referendum whether the affected parties or producers assent to the proposed action or not. The director shall conduct the referendum among the affected parties or producers based on the list as provided for in RCW 15.66.060 or 15.66.143, as applicable, and the affected parties or producers shall be deemed to have assented to the proposed issuance or termination order if fifty-one percent or more by number reply to the referendum within the time specified by the director, and if, of those replying, sixty-five percent or more by number and fifty-one percent or more by volume assent to the proposed order. The producers shall be deemed to have assented to the proposed amendment order if sixty percent or more by number and sixty percent or more by volume of those replying assent to the proposed order. The determination by volume shall be made on the basis of volume as determined in the list of affected producers created under provisions of RCW 15.66.060, subject to rules and regulations of the director for such determination. The director shall consider the approval or disapproval of any cooperative marketing association authorized by its producer members to act for them in any such referendum, as being the approval or disapproval of the producers who are members of or stockholders in or under contract with such association of cooperative producers: PROVIDED, That the association shall first determine that a majority of the membership of the association authorize its action concerning the specific marketing order. Results of the referendum shall be mailed to all affected parties in the form of a postcard. If the requisite assent is given, the director shall adopt the order.
[ 2004 c 179 § 3; 2002 c 313 § 47; 1975 1st ex.s. c 7 § 8; 1961 c 11 § 15.66.090. Prior: 1955 c 191 § 9.]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
Structure Revised Code of Washington
Title 15 - Agriculture and Marketing
Chapter 15.66 - Washington State Agricultural Commodity Commissions.
15.66.015 - Regulating agricultural commodities—Existing comprehensive scheme.
15.66.017 - Regulating agricultural commodities—Laws applicable.
15.66.023 - Commission may establish foundation.
15.66.030 - Marketing orders authorized—Purposes.
15.66.040 - Prerequisites to marketing orders—Director's duties.
15.66.053 - Proceedings subject to administrative procedure act—Exemptions.
15.66.055 - Director's duties and responsibilities—Rules.
15.66.060 - Lists of affected parties—Notice—Use of lists.
15.66.070 - Petitions for marketing orders—Public hearing—Legal notice.
15.66.090 - After final decision—Assent of affected parties determined by referendum.
15.66.093 - Suspension of marketing order upon request of commodity commission.
15.66.100 - Contents of marketing order.
15.66.110 - Commodity commission—Composition—Terms.
15.66.120 - Commodity commission—Nominations—Elections—Vacancies.
15.66.140 - Commodity commission—Powers and duties.
15.66.141 - Commission's plans, programs, and projects—Director's approval required.
15.66.142 - Commission speaks for state—Director's oversight.
15.66.150 - Annual assessments—Rate—Collection.
15.66.153 - Promotional hosting expenditures—Rules.
15.66.157 - When commodity commission is terminated—Duties of affected commodity commission.
15.66.160 - Annual assessments—Disposition of revenue.
15.66.170 - Annual assessments—Payments—Civil action to enforce.
15.66.180 - Expenditure of funds collected.
15.66.190 - Official bonds required.
15.66.200 - Petition for modification or exemption—Hearing—Appeal from ruling.
15.66.210 - Unlawful acts—Penalties—Injunctions—Investigations.
15.66.220 - Compliance with chapter a defense in any action.
15.66.230 - Liability of commission, state, etc.
15.66.240 - Marketing agreements.
15.66.250 - Price fixing and product limiting prohibited.
15.66.260 - Costs of conducting nominations and elections—Reimbursement.
15.66.263 - Costs of implementing RCW 15.66.141.
15.66.270 - Exempt commissions—Marketing agreements and orders.
15.66.275 - Applicability of chapter to state agencies or other governmental units.