2-8-9
Section 2-8-9 Eligibility to vote in referendum; question to be voted on. Any referendum conducted
under the provisions of this article may be held on an area or statewide basis as may be determined
by the certified association pursuant to rules and regulations adopted for the holding of
such referendum. All owners of cattle in the area covered by the referendum who shall be subject
to any assessments levied under the provisions of this article shall be entitled to vote in
the referendum. In such referendum, individuals so eligible for participation therein shall
vote upon the question of whether there shall be levied an assessment for a period of five
years in an amount set forth in the call for such referendum, which amount shall not exceed
the limitations prescribed by this article. (Acts 1961, Ex. Sess., No. 280, p. 2320, §8;
Acts 1981, No. 81-211, p. 265, §1.)...
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2-8-128
Section 2-8-128 Eligibility to vote in referendum; question before voters. Any referendum conducted
under the provisions of this article may be held either on an area or statewide basis, as
may be determined by the certified organization before the referendum is called. The referendum,
either on an area or statewide basis, may be participated in by all producers engaged in the
production of the agricultural commodity on a commercial basis who shall be subject to any
assessments levied under this article and who produced the agricultural commodity in any of
the three crop years immediately preceding the referendum. In the referendum, individuals
eligible for participation shall vote upon the question of whether or not there shall be levied
an annual assessment for a period of three years in the amount set forth in the call for the
referendum on the agricultural product covered by the referendum. (Acts 1957, No. 108, p.
142, §9; Act 2002-406, p. 1023, §1.)...
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2-8-238
Section 2-8-238 Eligibility to vote in referendum; question to be voted on. Any referendum
conducted hereunder may be held on a statewide basis pursuant to rules and regulations adopted
by the State Board of Agriculture and Industries for the holding of such referendum. All producers
of wheat, corn, grain sorghum, and oats who shall be subject to any assessments levied hereunder
shall be entitled to vote in the referendum. In such referendum, individuals so eligible for
participation therein shall vote upon the question of whether there shall be levied an assessment
for a period of five years in an amount set forth in the call for such referendum, which amount
shall not exceed the limitations prescribed by this article. (Acts 1985, No. 85-701, p. 1142,
§9.)...
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2-8-136
Section 2-8-136 Refund of assessment. In the event a referendum conducted as provided in this
article is carried in the affirmative and the assessment is levied and collected as provided
in this article and under the regulations to be promulgated by the duly certified organization
conducting the same, any farmer or producer upon and against whom such annual assessment shall
have been levied and collected under the provisions of this article, if dissatisfied with
said assessment and the results thereof, shall have the right to demand of and receive from
the treasurer of said organization a refund of such annual assessment so collected from such
farmer or producer, if such demand for refund is made in writing within 30 days from the date
on which said assessment is collected from such farmer or producer. (Acts 1957, No. 108, p.
142, §17.)...
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2-8-281
Section 2-8-281 Collection of assessments; deductions for expenses. In the event the required
number of catfish producers approve by a referendum as provided in this article the levying
of an assessment upon the sale of catfish feed for a promotional program, the Commissioner
of Agriculture and Industries shall within 30 days, notify in writing every person licensed
to sell or distribute catfish feed under authority of Section 2-21-19, that on or after the
date designated in the notice, which shall be not less than 30 nor more than 60 days after
the mailing of the notice by the Commissioner of Agriculture and Industries, the amount of
the assessment shall be levied on the sale of catfish feed by all distributors of catfish
feed or by their agents or representatives from the purchase price paid to the seller of the
feed where the feed is purchased within the state. All assessments so levied shall be remitted
to the Commissioner of Agriculture and Industries not later than the last day...
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2-8-135
Section 2-8-135 Subsequent referendum after affirmative vote. In the event a referendum conducted
as provided in this article is carried by the vote of a majority of the eligible producers
participating therein and assessments in pursuance thereof are levied annually for three years
as set forth in the call for the referendum, then the organization conducting the referendum
shall, in its discretion, have full power and authority to call and conduct, during the third
year of the period, another referendum in which the producers of such agricultural commodity
shall vote upon the question of whether or not assessments shall be continued for the next
ensuing three years. The certified organization shall have the full power and authority to
hold subsequent referendums it deems necessary to alter or modify the terms of the existing
assessment. Intermediary referendums shall comply with the terms and conditions of the original
request. In the event the intermediary referendum fails to receive...
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2-8-272
Section 2-8-272 Referendum and assessments declared to be in public interest. It is hereby
further declared to be in the public interest and highly advantageous to the economy of the
state that catfish producers be permitted by referendum as provided in this article to levy
upon themselves an assessment and to provide for the collection thereof for the financing
or contributing toward the financing of a program of research, education, advertising and
other methods designed to increase or promote the efficient and economical production, distribution
and marketing as well as the increased use, consumption and sale of catfish and catfish products.
(Acts 1987, No. 87-587, p. 961, §3.)...
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2-32-7
Section 2-32-7 Referendum - Voting; effects of vote. (a) If in any referendum, a majority of
the ratite producers of the geographic area in which the referendum is conducted and eligible
to participate and voting in the referendum, vote in favor of the levying and collection of
the assessment proposed in the referendum, then the assessment shall be levied and collected
in the manner provided in this chapter. Following the referendum and within 10 days thereafter,
the certified association shall canvass, tabulate, and publicly declare and announce the results
of the referendum. (b) In the event any referendum shall fail to receive the required number
of affirmative votes, then the certified association conducting the referendum may call another
referendum in the next succeeding year on the question of an assessment and promotional program
for a five-year period; provided, that no referendum may be held within a period of 12 months
from the date on which the last referendum was held. (c)...
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2-8-134
Section 2-8-134 Subsequent referendum after negative vote. In the event a referendum conducted
as provided in this article shall not be supported by a majority of those eligible for participation
therein and voting therein, then the organization conducting the referendum shall have full
power and authority to call another referendum for the purposes set forth in this article
no earlier than 90 days after the preceding referendum, whether the referendum was conducted
before or after April 17, 2002, on the question of an annual assessment for three years. (Acts
1957, No. 108, p. 142, §15; Act 2002-406, p. 1023, §1.)...
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2-13-122
Section 2-13-122 Vote of cooperative association as roll of members; eligibility of cooperative
association to vote; notification of intent to vote. (a) In conducting any referendum under
this article, the state ADA and Alabama Farmers Dairy Division shall consider the approval
or disapproval by any cooperative association engaged in a bona fide manner in marketing milk
or the dairy products as the approval or disapproval of the producers who are members of or
under contract with such cooperative association of producers. (b) In order to be eligible
to vote in a referendum, a cooperative association must: (1) Certify to the state ADA and
Alabama Farmers Dairy Division in conjunction with casting its ballot, that the association
is organized under the provisions of the "Capper-Volstead Act" and that it is engaged
in a bona fide manner in marketing its members' milk or dairy products; (2) Certify to the
state ADA and Alabama Farmers Dairy Division in conjunction with casting its ballot,...
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