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Florida Administrative Code (Last Updated: November 11, 2024) |
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5. Department of Agriculture and Consumer Services |
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5H. Division of Marketing and Development |
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5H-2. Marketing Orders Generally |
1(1) The following definition of “handler” will be applicable to any marketing order referendum under the provisions of the Florida Statutes: “Handler” is synonymous with shipper and packer and means an individual, firm, partnership, corporation, association, business, trust, legal representative, or any other business unit who or which engages in the operation of selling, marketing, or distributing in the primary channel of trade, as the first handler thereof, commodities which he is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise, but shall not include a retailer.
93(2) “Partnership” shall be deemed to include a husband and wife. The term “partnership” shall also be deemed to include individuals, partnerships, or corporations which join together by agreement, informal or otherwise, for the purpose of handling commodities as the first handler thereof in the primary channel of trade. The term “partnership” shall also include “joint ventures,” wherein one or more parties to the arrangement contributes capital and others contribute labor, management, equipment, or other services, or any variations of such contributions by two or more parties, so that it results in the handling of commodities in the primary channel of trade as the first handler thereof.
201(3) Each entity, whether individual, partnership, “joint venture”, or corporation so engaged in the handling of commodities in the primary channel of trade as the first handler thereof, shall be entitled to only one vote in such referendum. In the case of a partnership or “joint venture”, such vote shall not be accepted in the absence of unanimous agreement of the respective members. In the case of a corporation, such vote shall be cast pursuant to the authorization of its board of directors.
284(4) In order to insure that a person is a “handler” eligible to vote, he must have handled a commodity in the primary channel of trade as the first handler thereof during the representative period prescribed by the Commissioner.
323(5) The prevailing principle which shall apply in the determination of “handler” is who or which interest as a unit, whether individual, partnership, corporation, association, or any other business unit, was the first handler of a commodity in the primary channel of trade.
366Specific Authority 573.22(2) FS. Law Implemented 573.04(7) FS. History–New 6-29-62, Formerly 5H-2.02.
