ORS 583.475¹
Referendum in market area on establishment or termination of market pool
  • subsequent petition to establish pool

(1) After June 4, 1963, and within 45 days after the State Department of Agriculture establishes a market area, as provided by ORS 583.470 (Market areas), the producers in such market area may file a petition with the department requesting that a referendum be held on the question of preventing a market pool being established as required by law in such area. The petition and the referendum shall clearly explain to the producers involved, that a market pool is to be established by law in their market area unless two-thirds of the producers voting in a referendum decide that a market pool shall not be established. If the petition complies with the provisions of ORS 583.001 (Short title), 583.004 (Use of fees in enforcement of chapter), 583.021 (Exemption of certain producer-handlers), 583.028 (Application of audit, pooling, equalization and quota provisions) and 583.410 (Purpose) to 583.565 (Effect of termination of chapter), the department shall hold a referendum in such market area and it shall take no further action in establishing a market pool in such area until after the referendum and the results thereof are known and filed with the Secretary of State. The ballots shall also contain wording, substantially as follows:

______________________________________________________________________________

__ No. I vote against the establishment of a market pool in Market Area No.__.

__ Yes. I vote in favor of permitting a market pool to be established in Market Area No.__.

______________________________________________________________________________

(a) If in the referendum two-thirds or more of the producers who vote, vote against the establishment of a market pool, the department shall take no further action at that time to establish a market pool in such market area. At least nine calendar months must elapse after the date the results of such referendum are filed with the Secretary of State, before the producers in such market area may petition the department for another referendum for the establishment of a market pool.

(b) If less than two-thirds of the producers who vote, vote against the establishment of a market pool, the department within 120 days from the date the results of the referendum are filed with the Secretary of State, shall establish a market pool in the market area, as authorized by ORS 583.510 (Pooling and equalization of milk in market areas).

(2) If the petition referred to in subsection (1) of this section contains the signatures of two-thirds or more of the producers qualified to sign petitions in such market area and it is clear that the petition states such producers do not want a market pool established in their market area, no referendum shall be held by the department and it shall take no further action at that time to establish a market pool in such market area. At least nine calendar months must elapse after the date the petition is filed with the department before the producers may petition the department for the establishment of a market pool.

(3) Nothing in ORS 583.001 (Short title), 583.004 (Use of fees in enforcement of chapter), 583.021 (Exemption of certain producer-handlers), 583.028 (Application of audit, pooling, equalization and quota provisions) and 583.410 (Purpose) to 583.565 (Effect of termination of chapter) is to be construed as preventing producers from filing a petition and asking for a referendum on the question of establishing a market pool, or to terminate and close an existing market pool, if the petition and referendum are filed within applicable time limits as authorized by this section or ORS 583.490 (Conduct of referendum) (2) and otherwise are in compliance with ORS 583.001 (Short title), 583.004 (Use of fees in enforcement of chapter), 583.021 (Exemption of certain producer-handlers), 583.028 (Application of audit, pooling, equalization and quota provisions) and 583.410 (Purpose) to 583.565 (Effect of termination of chapter). [1963 c.442 §19; 1977 c.307 §9]

1 Legislative Counsel Committee, CHAPTER 583—Milk Marketing, Production and Distribution, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors583.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information