SC-22 923-Sweet Cherries Producer Referendum Ballot

REPRODUCE LOCALLY. Include form number and date on all reproductions. OMB No. 0581-0189

WASHINGTON SWEET CHERRY BALLOT

UNITED STATES DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

Specialty Crops Program

Northwest Marketing Field Office

1220 SW 3^rd Avenue, Suite 305

Portland, Oregon 97204

Referendum Agent

USDA-AMS-Specialty Crops Program

Northwest Marketing Field Office

1220 SW 3^rd Avenue, Suite 305

Portland, Oregon 97204

FOLD HERE, TAPE AT THE TOP, AND MAIL PROMPTLY 

WASHINGTON

SWEET CHERRY

BALLOT

WASHINGTON SWEET CHERRY BALLOT

UNITED STATES DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

Specialty Crops Program

Northwest Marketing Field Office

1220 SW 3^rd Avenue, Suite 305

Portland, Oregon 97204

TO WASHINGTON SWEET CHERRY PRODUCERS:

The U.S. Department of Agriculture is conducting a referendum to determine whether sweet cherry producers in Washington favor continuance of Federal Marketing Order No. 923. As a consequence, an order directing that a referendum be held was published in the Federal Register on _____________________, 20___.

A Producer Referendum Ballot is on the reverse side of this page. Also enclosed are:

1. Voting Instructions and Rules Governing Producer Eligibility to Vote;

2. News Release issued on the Referendum; and

3. Copy of the Referendum Order dated __________________________________.

The voting period for the Referendum is ____________, 20___ through ____________, 20___. Please vote promptly because Ballots postmarked later than __________________, 20___ cannot be opened or counted. Each Ballot will be held in strict confidence.

________________________________

Referendum Agent

Phone: (503) 326-2724

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is OMB 0581-0189. The time required to complete this information collection is estimated to average 20 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

PRODUCER REFERENDUM BALLOT

Marketing Order No. 923: Sweet Cherries Grown in

Designated Counties in Washington

Please read the enclosed VOTING INSTRUCTIONS AND RULES GOVERNING PRODUCER ELIGIBILITY TO VOTE before completing this Ballot.

This Referendum is being held to determine producer support for Marketing Order No. 923, regulating the handling of sweet cherries grown in designated counties in Washington. The Secretary of Agriculture will consider termination of this order if less than two-thirds of those voting and less than two-thirds of the volume represented in the Referendum favor continuance.

A. Do you favor continuance of Marketing Order No. 923, regulating the handling of sweet cherries grown in designated counties in Washington?

 YES  NO

PRODUCER ELIGIBILITY STATEMENT

B. I hereby certify that I am currently a producer of sweet cherries within the production area and that during the representative period ______________, 20___, through ______________, 20___, I produced for the fresh market:

________________ tons on _____________ acres in ___________________________________

___________________________________________________________________ County(ies).

C.

Name of Packing House(s) that Handled your Sweet Cherries	Tons	Affiliation (co-op or independent)

D. Producer’s Name ______________________________ Phone Number ___________________

Name of Business _______________________________________________________________

Mailing Address ________________________________________________________________

City _______________________________ State ____________________ Zip ______________

E. If this Ballot is cast by an officer or employee of a partnership, LLC, corporation, association or other business unit, my signature below further certifies that I am duly authorized to vote on behalf of the producing entity name on this Ballot and that I will submit evidence of such authority at the request of an Agent of the Secretary.

Partnership LLC Corporation Association Other _________________

___________________________________ ________________________________

Signature* Title

______________________________________________________________________________

If Partnership or Joint Venture, list name(s).

F. I hereby certify that the information I provided on this Ballot is accurate and correct to the best of my knowledge.

___________________________________ ________________________________

Signature* Title

*Your signature certifies that you have the authority to take such action and will submit supplementary evidence of such authority at the request of an agent of the Secretary of Agriculture. The information provided in this Ballot is required to determine voter eligibility and vote of sweet cherry producers. Falsification of information on this government document may result in a fine or imprisonment, or both (18 U.S.C. §1001).

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender.

VOTING INSTRUCTIONS AND RULES GOVERNING PRODUCER ELIGIBILITY TO VOTE

I. VOTING PERIOD: _____________, 20___ through _____________, 20___.

II. REPRESENTATIVE PERIOD: _____________, 20___ through _____________, 20___.

III. PRODUCTION AREA: Counties of Okanogan, Chelan, Kittitas, Yakima, and Klickitat in the State of Washington, and all of the counties in Washington lying east thereof.

IV. PERSONS ELIGIBLE TO VOTE: Any person who is currently a fresh market sweet cherry producer in the production area and produced such sweet cherries during the representative period ______________, 20___ through ______________, 20___ is entitled to cast one Ballot. Each separate business unit, partnership, LLC, family enterprise, corporation, association, estate, or firm is entitled to one vote.

“Producer” means any individual, partnership, LLC, corporation, association, institution, estate, or other business unit who: (1) Owns and farms land resulting in ownership of the sweet cherries produced thereon; (2) Rents and farms land resulting in ownership of all or a portion of the sweet cherries produced thereon; or (3) Owns land from which, as rental for such land, ownership is obtained of a portion of the sweet cherries produced thereon. (A lien holder, cash landlord, or person having only a financial interest in the sweet cherry crop is not eligible to vote.)

V. HOW TO VOTE:

1. Indicate your vote by placing an “X” in the appropriate box.

2. Certify your sweet cherry production by listing the volume in tons that you produced, the number of acres in production, and the county or counties in which such sweet cherries were produced during the representative period _____________, 20___ through _____________, 20___. If you are renting on a share-crop basis, you should show only that part of the crop represented by your share.

3. List the names of packing houses that handled your sweet cherries, the tonnage, and affiliation (co-op or independent).

4. Print or type your name, phone number, business name, and address.

5. Proxy voting is not authorized. If a Ballot is cast by an officer or employee of a partnership, LLC, corporation, association or other business unit, check the appropriate box to indicate your business designation, and sign to indicate authority to vote. If a partnership or joint venture, list names of the partners.

6. Sign below the certification. Incomplete or unsigned Ballots cannot be counted. Fold your Ballot so the Referendum Agent’s address is displayed, seal with tape, and mail to:

Referendum Agent

USDA-AMS-Specialty Crops Program

Northwest Marketing Field Office

1220 SW 3^rd Avenue, Suite 305

Portland, Oregon 97204

Ballots must be postmarked by __________, 20___. For more information, please call (503) 326-2724.

SC-22 (Exp. X/XXXX) Destroy previous editions.