3 - 



2. After the conclusion of the hearing, a time will be given 

 for interested persons to file briefs recommending proposed findings 

 and conclusions based on testimony presented at the hearing. 



3. A recommended decision is published by the Department 

 based upon the hearing record and the briefs filed. Here again, 

 interested parties are given a period of time in which to file ex- 

 ceptions to the recommended decision. 



4. The final decision is issued by the Department based upon 

 the hearing records, briefs, and exceptions to the recommended de- 

 cision. This decision includes the order, if any is recommended, 

 as a result of the proceedings. 



5. After the final decision is reached, a referendum is held 

 to determine whether or not growers favor the issuance of the order. 

 A marketing order cannot be issued unless two-thirds of the growers 

 voting in the referendum approve it. At the same time, a compan- 

 ion marketing agreement is submitted to handlers for their signup. 



6. If the order is voted in and is issued by the Secretary of 

 Agriculture, then the industry meets and nominates the committee 

 which will operate the order at the local level. Each fruit and 

 vegetable marketing order provides for such a committee. 



7. The committee can now meet and recommend regulations within 

 the framework of the order. As soon as such regulations are issued 

 by the Secretary, they have the force and effect of law. 



8. At this point, I'd like to point out how a marketing order 

 can be terminated. First, the Secretary shall terminate an order 

 if it is not effectuating the purpose for which it was designed. 

 Second, the order can provide that a grower referendum be held per- 

 iodically to determine whether the marketing order be continued in 

 effect. Most orders today provide for a two, three or five year 

 referendum. Third, the Administrative Committee or a substantial 

 segment of the growers can request the Secretary to hold a refer- 

 endum for continuance of the program at any time. In a grower ref- 

 erendum, if growers producing more than 50 percent of the volume 



of the commodity produced in the production area covered by the or- 

 der, vote for termination, the order will be terminated. 



Types of regulations 



Now to the types of regulations. Most of our fruit and vege- 

 table programs regulate qua! i ty . The plan here is to keep inferior 

 grades of the commodity from depressing the market for the whole 

 crop. This is accomplished by regulating the grades, sizes, or 

 maturity of the commodity which can be shipped to market. These 

 requirements can be changed during the marketing season or from 

 season to season, depending upon changes in supply and demand con- 

 ditions. Inspection is necessary to determine the quality of prod- 

 ucts marketed. 



