The director may terminate a marketing order or agreement in accordance with this chapter. (1) To terminate a marketing order or agreement: (a) The director must receive a petition by affected producers under this chapter signed by at least ten percent of the affected producers; or (b) A majority of a commodity board may file a petition with the director. (2) The petitioners must include in the petition at the time of filing: (a) A statement of why the marketing order or agreement and the commodity board created under it no longer meets [meet] the purposes of this chapter; (b) The name of a person designated to represent the petitioners; and (c) The effective date of a marketing order or agreement termination, which may not be less than one year from the date the petition was filed with the director. (3) Within sixty days of receipt of a petition meeting the requirements of this section, the director shall commence rule-making proceedings to repeal the marketing order or agreement and, subsequently, a referendum on the issue. (4) The director shall include a copy of a petition to terminate a marketing order or agreement with the notice to affected producers when rule-making proceedings are commenced. (5) If the petitioners fail to meet the requirements of this chapter, the director shall deny the petition and a referendum vote will not be conducted. The person designated to represent the petitioners shall be notified if a petition is denied.
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