FV-223 Independent Producer Ballot & Instructions (rev. )

REPRODUCE LOCALLY. Include form number and date on all reproductions. OMB No. 0581-0178

INSTRUCTIONS FOR VOTING FOR INDEPENDENT PRODUCER REPRESENTATIVES

PLEASE READ CAREFULLY BEFORE VOTING

Independent producer representation on the Raisin Administrative Committee (RAC) is divided into three districts. Each district ballot is a different color. This ballot addresses producer seats in one district ONLY. You must have production in this area and cannot vote in any other district if you cast a vote on this ballot.

ELIGIBILITY REQUIREMENTS

1. You must meet the requirements of a producer as defined under section 989.11 of Marketing Order number 989 (Order), regulating raisins produced from grapes grown in California. A “producer” means any person engaged in a proprietary capacity in the production of grapes that are sun-dried or dehydrated by artificial means until they become raisins.

2. Pursuant to section 989.129 of the Order, you must also meet ONE of the following requirements:

1. Own and farm land, resulting in ownership of the grapes produced thereon; or

2. Rent and farm land, resulting in ownership of all or a portion of the grapes produced thereon; or

3. Own land that you did not farm but rented, and as rental for such land, you obtained the ownership of a portion of the grapes or raisins produced thereon. In this connection, a partnership includes two or more persons (including a husband and wife) with respect to land, in which the title or leasehold interest is vested in them as tenants in common, joint tenants, or under community property laws, as community property. In a landlord‑tenant relationship, where each of the parties is a producer, each such producer is entitled to one vote for a nominee for each producer member position, and one vote for each producer alternate member position. Where two persons operate land as landlord and tenant on a share‑crop basis, each person is entitled to one vote for each such position to be filled. Where land is leased on a cash rental basis, only the person who is the tenant or cash renter (producer) is entitled to vote.

3. If you purchased grapes on the vine, dried them into raisins, and had no proprietary interest in the production of the grapes that were made into raisins, you are not eligible to vote.

4. Producers who are not members of the major marketing co-op (Sun-Maid), not members of the bargaining association (RBA), did not sell any portion of their raisins for cash to the major marketing co-op (Sun-Maid), and who did produce grapes that were dried into raisins and delivered to handlers in the 20___ (prior) and 20___ (current) crop years are eligible to vote.

5. Each separate, legal entity, as determined by a separate tax identification number, is entitled to vote.

6. You may only vote for representatives in one district, provided you have production in that district and DO NOT vote in any other district.

7. You must sign the ballot. Unsigned ballots will automatically be declared invalid.

8. Ballots must be postmarked not later than ___________, 20___. Using the enclosed envelope, return to U.S. Department of Agriculture, California Marketing Field Office, Fruit and Vegetable Programs, 2202 Monterey Street, Suite 102B, Fresno, California 93721.

The following statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. 552a) and the Paperwork Reduction Act of 1995, as amended.  The authority for requesting the information to be supplied on this form is the Agricultural Marketing Agreement Act of 1937, Secs. 1-19, 48 Stat. 31, as amended, (7 U.S.C. 601-674).  Furnishing the requested information is necessary for the administration of the marketing order program.  Submission of the Tax Identification Number (TIN) is mandatory, and will be used to validate ballots and determine affiliation or entity identity.  If a TIN is not disclosed, ballots will not become invalid if another means of identifying the entity exists.

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0581-0178. The time required to complete this information collection is estimated to average 12 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.

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities 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 program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD).

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) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

INDEPENDENT PRODUCER BALLOT

Term of Office: _________________________________

DISTRICT _______________

Only independent producers of grapes grown in _____________________, which were made into raisins during the 20___ (prior) and 20___ (current) crop year, may vote for representatives from this District.

The following candidates were nominated at a meeting on ______________________, 20__. Vote for no more than _______________ nominees, including write-ins.

________________________

________________________

________________________

WRITE IN: ________________________

WRITE IN: ________________________

NAME THAT RAISINS WERE DELIVERED UNDER:

LOCATION OF VINEYARD (must be a separate legal entity, and located in the district in which you are voting):

Street

City

County

Cross Street

PACKER DELIVERED TO:

Please indicate the following about the producer (legal entity) for which you are voting:

□ Individual □ Trust □ Partnership □ Corporation □ Estate

Tax Identification Number (TIN) ______________________________

IS THE PRODUCER (LEGAL ENTITY) A RBA MEMBER □ Yes □ No

IF A PARTNERSHIP, LIST PARTNER(S):

I certify that I produced grapes that were made into raisins in District _____. If I am casting a Ballot on behalf of my employer, I certify that I have authority to do so (and will be able to produce proof of this authority if requested by USDA).

Name ___________________________________ Telephone Number _______________________

Signature _______________________________ E-mail Address __________________________

Title, if voting on behalf of a trust, corporation, or estate

FV-223 (Rev. 10/2010) Destroy previous editions.