901:4-5-02 Eligibility of producers.

(A) A producer to be eligible to vote in a referendum to amend a program established on or before April 10, 1986, conducted under authority of Chapter 924. of the Revised Code shall:

(1) Be a producer of an Ohio commodity;

(2) Be subject to assessment upon the affected commodities produced in Ohio;

(3) Have produced or caused to be produced the affected commodity in the producer's own name during the marketing year preceding the one in which the referendum is to be held.

(B) A producer, to be eligible to vote in a referendum and/or election of an operating committee after April 10, 1986, conducted under authority of Chapter 924. of the Revised Code shall:

(1) Be subject to the assessment upon the affected commodities, and

(2) Have produced or caused to be produced the affected commodity in the producer's own name during current or preceding the marketing year in which the referendum and/or election is to be held.

(C) There shall be only one vote for each producer. In determining the eligibility of a producer, the director shall recognize the vote of the individual holding the largest financial interest in the production unit, or designee.

(D) The voting volume of a producer shall be the quantity marketed during the marketing year preceding the one in which the referendum is to be held.

R.C. 119.032 review dates: 04/14/2004 and 04/14/2009

Promulgated Under: 119.03

Statutory Authority: 924.02

Rule Amplifies: 924.04

Prior Effective Dates: 1/29/70, 9/24/81, 6/12/86, 4/30/99