Sec. 22-54s. Apple Marketing Board.

(a) There is established an Apple Marketing Advisory Board that shall be within the Department of Agriculture for administrative purposes only. Such advisory board shall assist and advise the Commissioner of Agriculture in carrying out the provisions of sections 22-54p to 22-54t, inclusive, as amended by this act. Such advisory board shall consist of six apple producers, a member of the general public and the Commissioner of Economic and Community Development, or said commissioner’s designee, who shall be a nonvoting member of the advisory board. The members of the advisory board who are apple producers shall be appointed by the Commissioner of Agriculture from nominations submitted to the commissioner by the Connecticut Pomological Society or by any apple producer. The member of the advisory board who is a member of the general public shall be appointed by the Commissioner of Agriculture. The Commissioner of Agriculture shall additionally appoint three alternate members of the advisory board consisting of two apple producers and a member of the general public. Such alternate members of the advisory board may attend all meetings of the advisory board. If any member of the advisory board is absent, the chairperson of the advisory board may designate an alternate member to serve in lieu of such member. The members of such advisory board shall serve terms of three years. Any member may be eligible for reappointment. Members of the advisory board and any alternate members shall receive no compensation for their services but shall be reimbursed for necessary expenses in the performance of their duties. Such expenses shall be paid from money collected by the commissioner in accordance with the provisions of section 22-54r. At its first meeting, such advisory board shall select a chairperson from among its members and such other officers as such advisory board deems necessary. A majority of the appointed members of such advisory board shall constitute a quorum.

(b) The advisory board shall prepare and submit to the Commissioner of Agriculture for the commissioner’s review and consideration: (1) Recommendations concerning the apple market order described in section 22-54q and for a publicity program to maintain and enhance existing apple markets and create new apple markets; (2) a proposed budget for the implementation of the apple market order and the program created pursuant to such order; (3) marketing research proposals that are beneficial to the apple industry in the state; (4) recommendations for the collection of the assessment imposed pursuant to section 22-54r; and (5) recommendations for revisions to the apple market order. Any publicity program described in subdivision (1) of this subsection shall not refer to any particular brand or trade name or disparage the quality, value, sale or use of any other agricultural commodity.

(c) Each apple producer shall file with the advisory board, on forms provided by the advisory board, information on the harvested crop of such producer, including the number of first sale units and the disposition of such units at fresh markets, cold storage or other destinations. The advisory board shall provide the commissioner with such information as the commissioner deems necessary to fulfill the purposes of sections 22-54p to 22-54t, inclusive, as amended by this act.

Sec. 22-54p. Powers and duties of commissioner. Regulations.

(a) The Commissioner of Agriculture may: (1) Issue and administer an apple market order regulating the marketing of apples, and (2) suspend the apple market order for one marketing season if he determines that the market order is not necessary to achieve the goals established in subsection (b) of section 22-54q. The commissioner shall administer the estimated budget prepared by the Apple Marketing Advisory Board pursuant to section 22-54s, as amended by this act, and may impose an assessment on apple producers sufficient to cover the costs of such budget.

(b) The commissioner may adopt regulations in accordance with the provisions of chapter 54 to implement this section and sections 22-54q to 22-54t, inclusive, including the establishment of procedures to conduct a referendum pursuant to subsection (c) of section 22-54q.