SUPPLEMENTARY INFORMATION:

Pursuant to the Commodity Promotion, Research and Information Act of 1996 (7 U.S.C. 7411-7425) (Act), it is hereby directed that a referendum be conducted to ascertain whether continuance of the Order (7 CFR part 1216) is favored by eligible peanut producers covered under the program. The Order is authorized under the Act.

The representative period for establishing voter eligibility for the referendum is January 1 through December 31, 2022. Persons who are engaged in the production and sale of peanuts at the time of the referendum and during the representative period are eligible to vote. Persons who received an exemption from assessments pursuant to § 1216.56 for the entire representative period are ineligible to vote. AMS will provide the option for electronic balloting. The referendum will be conducted by mail and electronic ballot from April 8, 2024, through April 19, 2024. Further details will be provided in the ballot instructions.

Section 518 of the Act authorizes continuance referenda. Under § 1216.82(b) of the Order, the U.S. Department of Agriculture (USDA) must conduct a referendum every five years. The Secretary of Agriculture (Secretary) may also hold a referendum if 10 percent or more of all eligible peanut producers request that the Secretary do so, or at any time to determine whether persons subject to assessment favor continuance of the program. The last referendum was held in 2019. The Board voted to conduct the next referendum in April 2024. USDA would continue the Order if continuance is favored by a simple majority of the producers voting in the referendum and who, during the representative period January 1 through December 31, 2022, have been engaged in the production of peanuts.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the referendum ballot has been approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0093. There are approximately 6,702 producers who will be eligible to vote in the referendum. It will take an average of 15 minutes for each voter to read the voting instructions and complete the referendum ballot.

Referendum Order

Victoria M. Carpenter, Marketing Specialist; Deanna Bakken, Marketing Specialist; and Alexandra Caryl, Branch Chief, Market Development Division, SCP, AMS, USDA, Stop 0244, Room 1406-S, 1400 Independence Avenue SW, Washington, DC 20250-0244, are designated as the referendum agents to conduct this referendum. The referendum procedures at 7 CFR 1216.100 through 1216.107, which were issued pursuant to the Act, shall be used to conduct the referendum.

The referendum agent will mail or provide access electronically to the ballots to be cast in the referendum and voting instructions to all known, eligible producers prior to the first day of the voting period. Any eligible producer who does not receive a ballot should contact the referendum agent no later than three days before the end of the voting period. Ballots delivered via express mail or electronic ballot must show proof of delivery by no later than 11:59 p.m. ET on April 19, 2024, to be counted.

Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.

89 FR 12758