§ 33-1105. Orders.\n 1. If the commissioner finds, from testimony adduced, that:\n a. There has been actual damage to grapevines or grape crops within\nthe affected area; and\n b. Such damage was caused by the use of the chemical substance\ncomplained of in the petition, and by that cause alone; and\n c. Such use was upon lands within the affected area or in proximity to\nthe affected area, or upon the damaged crop itself; and\n d. The commercial production of grapes within the affected area\nconstitutes a major source of agricultural income within the affected\narea; then the commissioner may issue his order prohibiting or\nrestricting the use of 2,4-D (2,4-D Dichlorophenoxyacetic acid), 2,4-5-T\n(Trichlorophenoxyacetic acid) or MCP (2 Methyl, 4 Chlorophenoxyacetic\nacid) within or in proximity to the affected area for a period of time\nto be specified in the order. The affected area may be altered by\ndescription in the order of the commissioner, if the commissioner finds\nthat such alteration should be made to effectuate the purposes of the\npetition. All restrictions upon the use of 2,4-D\n(2,4-Dichlorophenoxyacetic acid), 2,4-5-T (Trichlorophenoxyacetic acid)\nor MCP (2 Methyl, 4 Chlorophenoxyacetic acid) within or in proximity to\nthe affected area shall be set forth in the order with particularity.\n 2. The order shall continue in effect from year to year unless\nmodified or rescinded by the commissioner. Not later than February 15 of\neach year, the commissioner shall give notice of the order by\npublication in a newspaper of general circulation in the area affected.\nThe notice shall state the terms of the order in general language and\nthat the order will continue in effect for the period of time specified\nin the order, unless a petition for modification or rescission of the\norder, signed by ten or more grape growers or fifty or more persons not\ngrape growers in the affected area is filed with the commissioner on or\nbefore March 1 of such year.\n 3. If a request for modification or rescission is received, the\ncommissioner shall hold a hearing after giving notice as provided in\nsection 33-1103. After the hearing, the commissioner shall make such\nfindings as the evidence adduced justifies and may continue, modify, or\nrescind the order. If the commissioner modifies or rescinds the order,\nhe shall give notice of his action as provided in subdivision 4 of this\nsection.\n 4. All orders shall be effected upon posting the same prominently in\nat least five of the most public places within the affected area. They\nshall also be published in a newspaper having general circulation in the\nareas affected but such publication shall not be a condition precedent\nto their effectiveness.\n
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