(a) The commission, in preparing a list of producers to be used under this chapter, may omit from the list any person who makes only casual sales or sales as a result of activities other than a commercial farm business venture, as determined by the commission. A person who is omitted from the list is not subject to this chapter, including the payment of any assessments, and is not qualified as a producer under this chapter.
(b) A person omitted from a list pursuant to this section may be included on any subsequent list if the person is found to be qualified as a producer at the time of preparing the list.