Montana Code Annotated 2009

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     80-11-512. Adoption of commodity research and market development program -- petition -- hearing. The department shall adopt commodity research and market development programs subject to the following:
     (1) Twenty-five or more producers of a commodity may petition the department to adopt a research and market development program. The format, information required, and criteria of valid petitions must be established by department rule.
     (2) Within 60 days of receipt and verification of a qualified petition, the department shall hold a hearing to receive relevant input from growers, producers, and first purchasers regarding the proposed commodity research and market development program.
     (3) After considering the facts and information received at the hearing, the department may hold a referendum of affected growers and producers. The referendum must include, among other informational items, the amount of the assessment and the method of collection. The referendum must be by paper ballot mailed to the last-known address of known growers and producers of the relevant commodity, obtained from lists provided by the petitioner and other sources known to the department. To be eligible to vote on a referendum, an individual must be a producer who is 18 years of age or older and a Montana resident.
     (4) Based on the facts and information from the hearing and an affirmative majority referendum vote, the department shall adopt a commodity research and market development program. In doing so, the department shall appoint an advisory committee in accordance with 80-11-510.

     History: En. Sec. 7, Ch. 83, L. 1999.

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