SC-240 Producer Ballot on Continuance of Marketing Order No. 98

REPRODUCE LOCALLY. Include form number and date on all reproductions. OMB No. 0581-0215

UNITED STATES DEPARTMENT OF AGRICULTURE

AGRICULTURAL MARKETING SERVICE

SPECIALTY CROPS PROGRAM

OFFICIAL PRODUCER’S BALLOT ON CONTINUANCE OF MARKETING ORDER NO. 983 REGULATING THE HANDLING OF PISTACHIOS

GROWN IN CALIFORNIA, ARIZONA, AND NEW MEXICO

INSTRUCTIONS: Please read the voting instructions and eligibility requirements on the reverse side. Then complete this ballot, including the Voter Certification and Eligibility section. Return your ballot in the envelope provided. Ballots must be signed and postmarked on or before ________, 20___. This referendum is for continuance of the Federal pistachio marketing order. The Secretary of Agriculture will consider termination of the pistachio marketing order if less than two-thirds of those voting and less than two-thirds of the volume represented in the referendum favor continuance. Indicate your vote by placing an “x” in the appropriate box:

I FAVOR CONTINUANCE of the Federal pistachio marketing order.

I DO NOT FAVOR CONTINUANCE of the Federal pistachio marketing order.

VOTER CERTIFICATION AND ELIGIBILITY

I CERTIFY that I am an eligible producer of pistachios. I am currently producing pistachios and produced pistachios during the period from September 1, 20__, through August 31, 20__,

I produced on in .

Pounds (assessable weight) Acres County/Counties

NOTE: If you are farming on a share crop basis, show only that part of the crop representing your share.

If a partnership, give name of partner(s): .

If this ballot is cast by an officer or employee on behalf of a producer (corporation or institution) or by a trustee, executor, or administrator of a producing estate (not by a farm manager),

I CERTIFY that I have the authority to cast this ballot and will submit evidence of such authority at the request of an agent of the Secretary of Agriculture. (SIGNATURE REQUIRED BELOW)

BUSINESS ENTITY NAME ____________________________________________________________________

TYPE OF BUSINESS ENTITY (Corporation, Estate, Partnership, etc.) ___________________________________________________

ADDRESS ___________________________________________________________________________________

Street City and State Zip Code

YOUR TITLE __________________________________ PRINT NAME ________________________________

SIGNATURE ______________________________________________________ (SIGNATURE REQUIRED)

This information is required to determine voter eligibility.

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 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.

TO THE PISTACHIO PRODUCER ADDRESSED:

The ballot on the reverse side of this form will be used to record your vote for continuation or termination of the Federal marketing order regulating the handling of pistachios grown in the States of California, Arizona and New Mexico. After reading the following voting instructions and eligibility requirements, please record your vote on the ballot, complete the VOTER CERTIFICATION AND ELIGIBILITY SECTION, and return the ballot to this office in the enclosed self-addressed envelope.

Ballots postmarked later than _______, 20 ___will not be counted.

__________________________________________________________________________________________

VOTING INSTRUCTIONS AND ELIGIBILITY REQUIREMENTS

I. VOTING PERIOD: _______________, 20___ – ______________, 20___

II. PERSONS ELIGIBLE TO VOTE: Any producer currently engaged in the commercial production of pistachios in the States of California, Arizona and New Mexico and who was so engaged during the representative period from September 1, 20__ through August 31, 20__, (20__ crop) is entitled to cast one ballot. An authorized officer or employee of a corporate producer; or an administrator, executor, or trustee of a producing estate or any other business unit is eligible to cast one vote on behalf of such producing business entity. “PRODUCER” means an individual, partnership, corporation, association, or any other business unit who:

1. Owns and farms land, resulting in ownership of the pistachios produced thereon;

2. Rents and farms land, resulting in ownership of all or a portion of the pistachios produced thereon;

3. Owns land, which he or she does not farm and, as rental for such land, obtains ownership for a portion of the pistachios produced thereon.

III. HOW TO VOTE:

1. Certify your eligibility by completing the VOTER CERTIFICATION AND ELIGIBILITY SECTION on the reverse side.

2. Indicate whether you favor continuance or termination of the pistachio marketing order by placing an “X” in the appropriate box. PROXY VOTING IS NOT AUTHORIZED.

C. Return your completed ballot to the USDA in the postage paid envelope provided.

IF YOU ARE ELIGIBLE TO VOTE FOR MORE THAN ONE ENTITY AND NEED ADDITIONAL BALLOTS, PLEASE CONTACT THE CALIFORNIA MARKETING FIELD OFFICE AT (559) 487-5901.

UNITED STATES DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

Specialty Crops Program

California Marketing Field Office

2202 Monterey Street, Suite 102-B

Fresno, California 93721

FIRST CLASS MAIL

OFFICIAL PRODUCER’S BALLOT

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: [email protected]. USDA is an equal opportunity provider, employer, and lender.

SC-240 (Exp. X/XXXX. Destroy previous editions.)