Vermont § 1813 - Producer referendum

§ 1813. Producer referendum

• (a) For the purpose of ascertaining whether the issuance or amendment of regulations establishing
  a compact over-order price or a Commission marketing order, including any provision
  with respect to milk supply under subsection 1809(f) of this title, is approved by producers, the Commission shall conduct a referendum among producers.
  The referendum shall be held in a timely manner, as determined by regulation of the
  Commission. The terms and conditions of the proposed order or amendment shall be described
  by the Commission in the ballot used in the conduct of the referendum, but the nature,
  content, or extent of such description shall not be a basis for attacking the legality
  of the order or any action relating thereto. (b) An order or amendment shall be deemed approved by producers if the Commission determines
  that it is approved by at least two-thirds of the voting producers who, during a representative
  period determined by the Commission, have been engaged in the production of milk,
  the price of which would be regulated under the proposed order or amendment. (c) For purposes of any referendum, the Commission shall consider the approval or disapproval
  by any cooperative association of producers, qualified under the provisions of the
  Act of Congress of February 18, 1922, as amended, known as the Capper-Volstead Act,
  bona fide engaged in marketing milk or in rendering services for or advancing the
  interests of producers of such commodity, as the approval or disapproval of the producers
  who are members or stockholders in, or under contract with, such cooperative association
  of producers, except as provided in subdivision (1) of this subsection and subject
  to the provisions of subdivisions (2) through (5) of this subsection. (1) No cooperative which has been formed to act as a common marketing agency for both
  cooperatives and individual producers shall be qualified to block vote for either. (2) Any cooperative which is qualified to block vote shall, before submitting its approval
  or disapproval in any referendum, give prior written notice to each of its members
  as to whether and how it intends to cast its vote. The notice shall be given in a
  timely manner as established, and in the form prescribed, by the Commission. (3) Any producer may obtain a ballot from the Commission in order to register approval
  or disapproval of the proposed order. (4) A producer who is a member of a cooperative which has provided notice of its intent
  to approve or not to approve a proposed order, and who obtains a ballot and with such
  ballot expresses his or her approval or disapproval of the proposed order, shall notify
  the Commission as to the name of the cooperative of which he or she is a member, and
  the Commission shall remove such producer’s name from the list certified by such cooperative
  with its corporate vote. (5) In order to ensure that all milk producers are informed regarding a proposed order,
  the Commission shall notify all milk producers that an order is being considered and
  that each producer may register his or her approval or disapproval with the Commission
  either directly or through his or her cooperative. (Added 1993, No. 57, § 1, eff. June 3, 1993.)