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Chapter 128: Section 111.
Effect of marketing agreements or marketing orders; execution or issuance of one without other; concurrent hearings.

Section 111. The execution of one or more marketing agreements pursuant to section one hundred and four of this chapter shall in no manner affect
the issuance, administration or enforcement of any marketing order provided for in said sections one hundred and two through one hundred and
fifteen. The commissioner may issue such marketing order without executing a marketing agreement or may execute a marketing agreement without issuing a marketing order covering the same fresh or processed apples. The commissioner, in his discretion, may hold a concurrent hearing upon a proposed marketing agreement and a proposed marketing order after giving due notice and opportunity for hearing.

Chapter 128: Section 112. Issuance, amendment or termination of marketing orders; deposit to defray expenses; reimbursement.

Section 112. Prior to the issuance, amendment or termination of any marketing order pursuant to section one hundred and five of this chapter, the commissioner may require the applicants for such issuance, amendment or termination to deposit with him such amount as he may deem necessary to defray the expenses of preparing and making effective, amending or terminating a marketing order. Such funds shall be received, deposited and disbursed by the commissioner in the same manner as assessments received by him under section one hundred and thirteen of this chapter. In the event the application for adoption, amendment or termination of a marketing order is approved in a referendum, the commissioner shall reimburse any such applicant on a pro rata basis, up to the amount of any such deposit, to the extent that any unexpended monies collected under such marketing order remain in the trust fund established under section one hundred and thirteen of this chapter with respect to such order.

 

 

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