Title 3 — Agriculture

In this article, unless the context otherwise requires: 1. "Affected commodity" means the specific citrus, fruit or vegetable that is regulated pursuant to article 2 or 4 of this chapter and that is subject to the marketing agreement or order or the proposed marketing agreement o…

Marketing agricultural products of this state is in the public interest. The policy and purpose of this article are to promote the general welfare of this state by enabling and encouraging fresh fruit and vegetable producers and shippers to help themselves. This state will benefi…

This article shall not apply to article 2.1, 4.2 or 4.3 of this chapter.

A. A marketing order or marketing agreement applies to all producers and shippers included under the terms of the order or agreement. B. A marketing order or marketing agreement may: 1. Provide for establishing standards for the quality, condition, size or maturity of a commodity…

A. A marketing order shall: 1. Describe the territory of this state to be regulated by the marketing order. 2. State the type of marketing order program. 3. Establish a marketing commission, prescribe the number of commission members and specify an official name of the commission…

A. To initiate or substantially change a marketing order, an affected person shall file a petition with the department signed by ten per cent of producers or shippers, or both producers and shippers, of the affected commodity that is the subject of the proposed marketing order. T…

A. The department shall compile a list for the purposes of notice and referendum or written assent procedures. The list shall include the names and addresses of all affected persons and the quantity of the affected commodity produced or shipped by the affected person in the two y…

A. A public meeting on the petition shall be held within sixty days after the department receives the petition. B. Notice shall be sent to all affected persons on the department list and interested parties five to thirty days before the date of the public meeting. The notice shal…

A. Based on testimony received at the public meeting, the director may recommend to the petitioners that the proposed marketing order be modified. If the petitioners make any substantial changes to the proposed marketing order after the public meetings, there shall be at least on…

A. For an election conducted by referendum, each affected person entitled to vote on the department list shall receive a ballot. The ballot shall state or be accompanied by the text of the proposed marketing order, the date the ballot must be received by the department and the ad…

A. If an election is conducted by a referendum, the marketing order shall be adopted or substantially changed if either: 1. Forty per cent of persons by volume or by number entitled to vote cast ballots and at least sixty-five per cent by number and fifty-one per cent by volume a…

A. The marketing order expires on the fifth anniversary of its effective date unless specified otherwise in the marketing order, terminated previously or reapproved. B. If the marketing order has been substantially changed and the substantial change was submitted for approval to …

A. The marketing commission is composed of three to nine members with rotating terms of three years. Two-thirds of the members shall be appointed collectively by the director and associate director, from nominations of affected persons or representative commodity associations and…

A. A marketing commission or marketing committee shall: 1. Collect, receive and disburse any monies to be used to administer a marketing order or marketing agreement. 2. Annually elect a chairman, secretary and treasurer from among its members. 3. Meet at least twice annually or …

A. The marketing commission or marketing committee may employ staff at a rate of compensation determined by the commission or committee, to serve at the pleasure of the commission or committee, and shall prescribe the terms and conditions of employment of employees as necessary t…

Each member or employee of a marketing commission or marketing committee is indemnified by the commission or committee against reasonable costs and expenses, including attorney fees, incurred by him in connection with any action, suit or proceeding to which he may be a party by r…

A. The annual assessment rate shall not exceed five per cent of the annual gross sales dollar value of the affected commodity determined by the preceding marketing season. Not more than two per cent of the annual gross sales dollar value of the affected commodity may be used to p…

A. A person who is required to pay assessments pursuant to this article, a marketing order or a marketing agreement and who fails to pay the assessments within sixty days after the billing shall be assessed a penalty of ten per cent of the amount of the total assessments owing an…

A. Monies collected pursuant to this article shall be deposited in the marketing commission's or marketing committee's accounts to be administered and disbursed by the commission or committee for the purposes prescribed in this article. Monies collected pursuant to a marketing or…

A. An inspector, discharging his duties, may enter every facility during operating hours or commercial vehicles in this state where an affected commodity is produced, stored, packed, delivered for shipment, being transported or offered for sale and inspect representative samples …

A. A person who violates a marketing order or marketing agreement three times during a marketing season is subject to a civil penalty of at least fifty dollars but not more than five hundred dollars for the first offense and a civil penalty of at least one hundred dollars but not…

A. The department may require affected persons to maintain records about their operation and furnish the records on request to the marketing commission, marketing committee or department to ensure compliance with a marketing order or marketing agreement. B. The marketing commissi…

If an affected person requests a hearing on a marketing order pursuant to title 41, chapter 6, article 10, the affected person shall pay all costs of the hearing.

A. Two or more persons who produce or ship the affected commodity shall file an application with the director together with a filing fee of five hundred dollars to cover the costs of the public meeting. If the public meeting costs less than five hundred dollars, the difference sh…

A. At least five days but not more than twenty days after the application is filed with the department, the director, or the director's designee, shall hold a public meeting. A notice shall be sent to all persons that may be affected by the proposed marketing agreement that state…

If a marketing committee is established by the marketing agreement, the marketing committee shall be composed of three to nine signatories of the marketing agreement who are elected by all of the signatories of the marketing agreement.

A. The voting requirements and termination provisions prescribed for marketing orders by this article do not apply to marketing agreements. B. Sections 3-417, 3-418, subsections A and B and 3-419 apply to marketing agreements only if an assessment is made under the agreement. C. …

A. A marketing agreement applies only to producers and shippers who sign the marketing agreement and is effective on the approval of the director. Additional signatories may be added with the approval of the director. If signatories withdraw, the director may review and terminate…

Title 41, chapter 6, article 10 applies to administrative procedures prescribed by this article.

All property, except monies, of a terminated commission or committee shall be transferred to the department. The department may use or convey the property for the benefit of another commission or committee or may dispose of the property at the director's discretion.

In this article, unless the context otherwise requires: 1. "Associate director" means the associate director of the citrus, fruit and vegetable division of the department. 2. "Bulk lot" means citrus fruit that is not contained in a box, carton, crate or lug but may be contained i…

A. Producing quality citrus fruit in this state is in the public interest. To enhance the potential for domestic and international marketing of citrus fruit from this state, it is the policy and purpose of this article to enable and encourage producers and shippers to develop uni…

A. This article and the rules adopted pursuant to this article shall be enforced by the associate director. In addition to the powers conferred by this article, the associate director shall have the powers provided by articles 4, 4.1 and 4.3 of this chapter. B. The associate dire…

A. Inspectors may enter any facility, during operating hours, or a commercial vehicle in this state where fresh citrus fruit is produced, stored, packed or delivered for shipment, is transported or is offered for sale and inspect representative samples of the fresh citrus fruit a…

A. Pursuant to section 3-527.02, the associate director may recommend to the director for adoption rules that are not in conflict with this article as the associate director deems necessary to carry out this article. B. On recommendation of the associate director, the director sh…

A. Twenty-five percent of the producers or shippers of a citrus fruit may petition the associate director to adopt a standard. B. Twenty-five percent of the producers or shippers of a citrus fruit for which a standard has been established by rule may petition the associate direct…

B. The director shall administer the citrus, fruit and vegetable trust fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and …

A. In order to provide the necessary monies to enforce this article and article 4 of this chapter, the associate director shall assess a charge against each shipper in an amount of not more than one and one-fourth cents per standard carton, or the equivalent weight, of each kind …

A. A person may not transact business as a citrus fruit dealer or shipper without first obtaining a license as provided in this article. The license expires on August 1 of each year and is renewable annually. The license fee shall be determined according to the annual gross sales…

A. In determining whether to refuse to issue a license, the associate director shall consider: 1. The facts and circumstances surrounding a prior denial or revocation in any state and the date of the prior denial or revocation. 2. The financial condition of the applicant as of th…

A. A shipper shall keep records on the amount of each citrus variety the shipper sells for each producer for a period of two years. The shipper shall report the records for purposes of marketing orders. B. Individual totals of commodities produced or shipped are not subject to pu…

A. If the owner, or the owner's agent, of all or part of a lot disagrees with the decision of an inspector as to whether the lot or part of the lot conforms to the standards adopted pursuant to this article, the owner or agent may request that the associate director or the associ…

A. If an inspector or peace officer has probable cause to believe that at least fifty pounds of citrus fruit are in unlawful possession, the inspector or peace officer shall request proof of ownership from the person in possession. B. If an inspector has probable cause to believe…

A. The associate director shall exempt any citrus fruit commodity from all rules established pursuant to section 3-445, subsection B, paragraphs 1 through 5 and shall exempt the collection of assessments for the commodity subject to this article if the exemption is supported by a…

A. It is unlawful for a person, firm, company, organization or corporation to import from another state for sale, to transport for delivery or to deliver for sale or to sell within this state a load or lot of citrus fruit unless it conforms to the grades and standards of maturity…

A. A person may decline to ship, transport or accept for shipment any citrus fruit when notified by an inspector that the fruit is found to be in violation of this article or rules adopted pursuant to this article. B. The person may reserve the right in the receipt, bill of ladin…

No provision of this article shall be construed: 1. To prevent a grower of citrus fruit from selling or delivering the fruit unpacked and unmarked, as a part of the crop in bulk, to a packer for grading, packing or storage. 2. To prevent a grower or packer from manufacturing the …

A. It is unlawful to pack or cause to be packed, to sell or offer for sale, to deliver for shipment, load, ship or transport for shipment, whether in domestic, interstate or foreign commerce, citrus fruit which does not conform to this article. B. It is unlawful to prepare, deliv…

A. No container of citrus fruit shall bear grade or other designations that are false or misleading, nor shall it contain any deceptive pack, deceptive arrangement or deceptive display. B. Subsection A shall be construed to prohibit the repeated use of a container of citrus fruit…

It is unlawful to mix or blend a lot of citrus fruit which fails to conform to the requirements of this article with another lot which does conform, thereby reducing the percentage of inferior fruit in the lot.