FV-126 & 126A Producer Referendum (CA Walnuts)

UNITED STATES DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
Fruit and Vegetable Programs
Marketing Field Office
2202 Monterey Street, Suite I02B
Fresno, CA 93721

OFFICIAL BUSINESS

IMPORTANT: YOUR REFERENDUM BALLOT TO VOTE ON CONTINUANCE OF THE FEDERAL
MARKETING ORDER FOR WALNUTS

To: The Walnut Producer Addre.'!!\ed

The Secretary of Agriculture has announced his decision to submit for industry approval of the continuance of the
marketing agreement, and Order No. 984, regulating the handling of walnuts (English varieties) grown in California,
Oregon and Washington.

The referendum is being held during the period July 8, 20_

through July 16, 20_,

to

determine whether producers of English walnuts favor or disfavor continuance by the Secretary of Agriculture of the
marketing order.

A public hearing on the continuance of marketing order was held in California,

20_._.
The continuance amendment will not be made effective unless is favored by at least two-thirds of the eligible producers
voting in the referendum or by producers representing at least two-thirds of the volume of English walnuts voted in the
referendum. Diamond Walnut Growers, Inc. has declared its intention to vote in block on behalf of its members, which is
permitted by the Agricultural Marketing Agreement Act of 1937, as amended. Therefore, ballots are not being mailed to
Diamond Walnut Growers, Inc. members.
On the reverse side of the page is the REFERENDUM BALLOT for your use in indicating whether you favor or disfavor
continuance of the marketing order. Also enclosed are the following: 1. Rules governing producer eligibility to vote and
voting instructions. 2. Copy of marketing order. 3. Envelope for returning the ballot.

Please read the rules governing producer eligibility to vote and the voting instructions before filling out your ballot. Be
sure your ballot is complete. BALLOTS WHICH DO NOT SHOW YOUR VOTE AND YOUR SIGNATURECANNOT
BE COUNTED. Please vote promptly; to be counted, ballot envelopes must be postmarked not later than midnight,_

,-.-Very truly yours,

Kurt J. Kimmel
California Marketing Field Office

REPRODUCE LOCALLY.

FORM APPROVED - OMS NO. 0581-0178

Include form number and date on all reproductions.

UNITED STATES DEPARTMENT OF AGRICULTURE
AGRICULTURAL MARKETING SERVICE
FRUIT AND VEGETABLE PROGRAMS

REFERENDUM INSTRUCTIONS
CONTINUANCE OF THE MARKETING ORDER,
REGULATING THE HANDLING OF WALNUTS GROWN IN CALIFORNIA

I.

I.

EUgibllityto vote.
A.

Producer means (a) a person who owns and farms land producing English walnuts for market; (b) a
renter or tenant of a farm producing English walnuts for market; (c) a landlord who received from a
renter or tenant a portion of the production as rent for the land on which the English walnuts were
produced for market. (A landlord who rents for cash, a lien-holder or a person having only a financial
interest in the crop is NOT eligible to vote.)

B.

A person buying English walnuts either on the tree or after they have been harvested is NOT a producer
of such walnuts and therefore is NOT eligible to vote.

C.

A business unit (partnership, family enterprise, corporation, association, estate, firm) may cast only one
vote; but each separate unit is entitled to a vote.

D.

Any producer now engaged in producing English walnuts in California for market and was so engaged
during the representative period, August 1, 20_,
through July 31, 20_.
is eligible to vote in
this referendum. The referendum is confmed to growers in California.

Instructionsfor voting. On the Ballotindicate:
A.

The tonnage of English walnuts produced for market by you (or by the producer for whom this Ballotis
cast) during the period August 1, 20_,
through July 31,20_.

B.

Your vote: check either

C.

Your signature and mailing address in Item 3 if you are casting the ballot in your own behalf as an
individualowner.

YES (

)

NO(

)

If you are casting the ballot as a partner of a partnership, or as an officer or employee of a producer
(corporation, institution, school, or college) or as an administrator, executor, or trustee of a producing
estate - enter the producer's name and address in Item 3 and complete the Certification in Item 4.
According to the Paperwork Reduction Act.of 1995, an agency may not conduct or sponsor, and a person Is not required to respond tD
a collection of Information unless it displays a valid OMBcontrol number. The valid OMBcontrol number for this information collection
is 0581-0178. ihe time required to completE this information collection Is estimated to average 20 minutes per response, induding
the time for reviewing Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of Infonnation.
The U.s. Department of Agricult1Jre(USDA) prohibits disaimination in all i1s programs and act:lvities on the basis of race, color,
national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation,
genetic information, political beliefs, reprisal, or because all or part of an individual's Income is derived from any public assistance
program (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of
programInformation(Braille,large print.,audiotape, etc.) shouldcontact USDA'sTARGETCenter at (202) 720-2600(voiceand TDD).
To file a complaint of discrimination, write to USDA,Director, Office of CivilRights, 1400 Independence Avenue, S.W., Washington,
D.C. 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TOD). USDAis an equal opportunity provider and employer.

FV-126 (10-07)

Page 1 of 2

REPRODUCE

LOCALLY.

Include form number and date on all repro"ductions.

FORM APPROVED

- OM8

NO. 0581-0178

UNITED STATES DEPARTMENT OF AGRICULTURE
AGRICULTURAL MARKETING SERVICE
FRUIT AND VEGETABLE PROGRAMS

OFFICIAL PRODUCER'S REFERENDUM BALLOT
WALNUTS GROWN IN CALIFORNIA
REGULATING THE HANDLING OF WALNUTS GROWN IN CALIFORNIA

THIS BAU.OT WIT.T.BE HEI.n CONFIDENTIAl,

PLEASE READ THE COVER LETI'ER AND THE ENCLOSED RULES OF ELIGmlLlTY AND VOTING INSTRUCTIONS
BEFORE COMPLETING TInS BALLOT. YOUR BALLOT ENVELOPE MUST BE POSTMARKED NOT LATER THAN
,20

-....---

1.

-.

I hereby certify that I am, or the producer's name I have inserted in Item 3 below is, now an eligible producer of California of
English variety walnuts. I produced for market during the period August I, 20

through July 31, 20

the

followingquantity of English walnuts:

To~(s), (inshell basis)
(NOTE: If you are renting on a share crop basi<;,report only that part of the tonnage representing your sbare.)
2.

DO YOU FAVOR CONTINUANCE OF THE FEDERAL WALNUT MARKET ORDER? (place an 'X' in the appropriate
space.)
YES (
)
NO (

3.
Producer's Signature (or Name ifItem 4 is applicable)
.......-.--.....---....-----

(Mailing Address, if applicable, and county)

(City, State, and ZIP Code)

4.

If this Ballot is cast on behalf of a partnership or by an officer or employee of a producer (corporation, institution, school, or
college), or by an administrator, executor, or trustee of a producing estate, the following must also be completed:
I HEREBY CERTIFY to the Secretary of Agriculture that I have authority to cast the ballot of the producer named above in
Item 3 and that I will submit evidence of such authority at the request of an agent of the Secretary.

(Signature and Title or Capacity)

(Mailing Address)
-.-.-------....

(City, State, and ZIP Code)

Page 2of2

FV-126 (10-07)

CALIFORNIA WALNUT BALLOT
UNn"ED STATES DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
Fruit and Vegetable Programs
Marketing Field Office
2202 Monterey Street, Suite 100-B
Fresno, CA 93721

'LAG

STAMP

HW
POST OFRCE
WILLNOT

D£U\I£~
WITHOUT

POSTAa

Referendum Agent
USDA-AMS-F&V-MFO
2202 MONTEREYSTREET, SUITE 102-B
FRESNO, CA 93721

CALIFORNIA
WALNUT BALLOT

VOTING INSTRUCTIONS AND RULES GOVERNING PRODUCER ELIGmILITY TO VOTE

I.

VOTING PERIOD:

II.

REPRESENTATrvEPERJOD:

III.

PRODUCTION AREA: The State of California.

rv.

PERSONS ELIGmLE TO VOTE: Anyperson who is currently a walnut producerin the State of
. through
is
Californiaand produced suchwalnuts duringthe representativeperiod
entitledto cast one ballot. Each separate business unit, partnership, family enterprise, corporation,
association, estate, or firm is entitled to one vote.

through
~

2006 through

.

"Producer" means any individual, partnership, corporation, association, or other business unit who:

·
·

·
V.

Owns and farms land producing English walnuts for market;
is a renter or tenant of a farm producing English walnuts for market; or
is a landlord who received trom a renter or tenant a portion of the production as rent for the land on
which English walnuts were produced for market. (A landlord who rents for cash, a lien-holder or a
person having only a financial interest in the crop is NOT eligible to vote.)

HOW TO VOTE:
A. Indicate your vote by placing an 'X' in the appropriate box.
B. Certify your walnut production by listing the pounds of English walnuts produced for market by you

(or by the producerfor whomthis Ballot is cast) duringthe period

~

through

C.Print or type your name, phone number, business name, and address.
D. Proxy voting is not authorized. If ballot is cast by an officer or employee ofa partnership,
corporation, or other business unit, check box to indicate your business designation, and sign to
indicate authority to vote. If partnership or joint venture, list names of partners.
E. Sign below the certification. Incomplete or unsigned balJots cannot be counted. Fold your ballot so
the Referendum Agent's address is displayed, seal with tape and mail to Referendum Agent, USDAAMS-FV-NWMFO, 2202 MONTEREY ST, SUITE 102-B, FRESNO, CA 93721. For further
information, please call Shereen Marino or Kurt Kimmel at (559) 487-5901.

Ballots must be postmarked by.

FV-126-A
(06J07)

- - ..- .

-_. .-

REl'KUVUCh WCALL r. tnCJUae10rm nwnoer anu uale on au le;:VlOUUCUUl~.
--

VJ¥UJ

J'tv.

VJU.1-V.J./V

-- --19rafJeeli'fig'Ui'cJet.NO:'AsZJ'
. . . "'.....
Walnuts Grown in California

Plea.veread the enclosed VOTING INSTRUCTIONS AND RULES GOVERNING PRODUCER ELIGIBILITY TO VOTE before
completing

this ballot.

A. This referendum is for amendment oftbe marketing order. Indicate your vote by placing an 'X' in the appropriate box.

YES NO
0
0
YES NO
0
0
YES NO
0
0
YES
0
YES
0
YES
0
YES
0
YES
0
YES
0
YES
0
YES
0
YES
0
YES
0

NO
0
NO
0
NO
0
NO
0
NO
0
NO
0
NO
0
NO
0
NO
0
NO
0

YES
0
YES
0
YES
0
YES
0

NO
0
NO
0
NO
0
NO
0

YES
0
YES
0
YES
0
YES
0
YES
0
YES
0

NO
0
NO
0
NO
0
NO
0
NO
0
NO
0

1) Do you favor (list proposed amendment)

?

2) Do you favor (list proposed amendment)

'1

FV-126-A (06/07)

VOTER CERTIFICATION ELIGIBILITY STATEMENT
B.

I hereby certify that I am eligible producer of walnuts within the production area and that during the representative period
produced:

on

,1

in
Acres

POW1ds(Kernelwcight)

County/COW1ties

(SIGNATIJRE REQUIRED BELOW - SECTION D)

c.
Producer's Name

Phone Number

Name of Business

MailingAddress
State

City
D.

Zip

If this ballot is cust by an officer or employee of a partnership,corporation,associationor other business unit, my signature below further
certilles that I am duly authorizedto vote on behalf of the producingentity name on this ballot and that I will submit evidenceof such
authorityat the request of an Agent of the Secretary.

o Partnership

0 LLC 0

Corporation

Signature.

0

Association

0

Other

Title

IfPartnen>hip or Joint Venture, list name(s).

E.

I hereby certify that the information I provided on this ballot is accurate and corred to tbe best of my knowledge.

Signaturc.

Title

.Vour signature certifies that you have the authority to take such action and will submit supplementary evidence of such authority at the request of all agent oftbe
Secretary of Agriculture. lbe infonnation provided in this ballot is required to determine voter eligibility and vote ofCalifomia walnut producers. Falsification of
infimnationon this governmentdocumentmay result in a fine of not more than SIO,ooo
orimprisomnent of not more than live (5) years, or both (18 U.S.C. 1001).
According to the Paperwork Reduction Act of 1995, an agency may not conduct or spornIOr.and a.person is not required to respond to collection of information unless it
displays a vlllid OMB control number. The valid OMB control number for this information collection is OS81.() 178. The timc required to complcte this information
collection is estimated to average 20 minutcs per response, including the time tOr reviewing instructions, searching existing data sources, gathering and trulimaining the
data needed, and complcting IIDdreviewing the collection of infonnstiolL
The U.S. Department of Agriculture (USDA) prohibits discrimination in 11I1
its program.' and activities on the basis ofrac:e, color. national origin. age, disability, and
wh«e applicable. sex. marital status. filmilial status, parental status, religion, sexual orientation, genetic infonnation, political beliefS, reprisal. or because all or part of
an individual's income is derived ftum any public assistance program (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative
means for communication of program information (Braille. large print., audiotape. etc.) should contact USDA's T ARORT Center at (202) 720-2600 (voice and IDD).
To file a complaint of discrimination. write to USDA. Director. Office of Civil Rights. 1400 Independence Avenue, S.W., Washington. D.C. 20250-9410, or call (800)
795-3272 (voice) or (202) 720.0382 (11)D). USDA is an equll! opportunity provider and employer,

FV-t26-A

(06107)

CALIFORNIA WALNUT BALLOT
UNl1T~ STATES DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
Fruit and Vegetable Programs
Marketing Field Office
2202 Monterey Street, Suite 102-B
Fresno, CA 93721

CALIFORNIA
WALNUT
BALLOT

TO CALIFORNIA WALNUT PRODUCERS:
The U.S. Department of Agriculture is submitting for producer consideration proposed amendments to
Marketing Order No. 984 (marketing order), regulating the handling of walnuts grown in California. The
proposed amendments will not be made effective unless they are favored by at least two-thirds of the eligible
producers voting in this referendum or by producers representing at least two-thirds of the volume of English
walnuts voted in the referendum. If approved, the proposed amendments would:

A Producer Referendum Ballot is on the reverse side ofthis page. Also enclosed are:
1) Voting Instructions and Rules Governing Producer Eligibility to Vote;
2) The news release announcing the referendum; and
3) A copy of the Referendum Order dated
The voting period for the referendum is
. Please vote promptly becau~'eballots postmarked
later than
cannot be opened or counted. Each ballot will be held in strict confidence.
.J.

Shereen Marino, Referendum Agent
Phone: (559) 487-5901