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 Department of Agriculture Agricultural Marketing Service [Doc. No. AMS-LS-09-0017]
 AGENCY: Agricultural Marketing Service; USDA.
 ACTION: Notice.
 SUMMARY: The Agricultural Marketing Service (AMS) is announcing that lamb producers, feeders, seedstock producers, and first handlers of lamb and lamb products voting in a national referendum from February 2, 2009, through February 27, 2009, have approved the continuation of the Lamb Promotion, Research, and Information Order (Order).
 FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief; Marketing Programs Branch, Livestock and Seed Program; Agricultural Marketing Service (AMS), USDA, Room 2628-S; STOP 0251; 1400 Independence Avenue, SW.; Washington, DC 20250-0251, telephone number 202/720-1115, fax number 202/720-1125, or by e-mail at: 
                        *Kenneth.Payne@ams.usda.gov.*


SUPPLEMENTARY INFORMATION: Pursuant to the Commodity Promotion, Research, and Information Act of 1996 (Act) (7 U.S.C. 7411-7425), the Department of Agriculture conducted a referendum from February 2, 2009, through February 27, 2009, among eligible lamb producers, feeders, seedstock producers, and first handlers of lamb and lamb products to determine if the Order would continue to be effective. Procedures used in conducting this referendum are set forth in 7 CFR part 1280, subpart E. A final rule amending this subpart was published in the December 16, 2008, issue of the 
                    **Federal Register**
                     (73 FR 76193). Of the 1,971 valid ballots cast, 1,678 (85.1 percent) favored and 293 (14.9 percent) opposed the continuation of the Order. Additionally, of those persons who cast valid ballots in the referendum, those who favored the Order accounted for 93 percent of the total production voted, and those opposed account for 7 percent of the total production voted. For the program to continue, it must have been approved by at least a majority of those persons voting for approval who were engaged in the production, feeding, or slaughter of lambs during calendar year 2008 and who also represent a majority of the volume of lambs produced, fed, or slaughtered. Therefore, based on the referendum results, the Secretary of Agriculture has determined that the required majority of eligible voters who voted in the nationwide referendum from February 2, 2009, through February 27, 2009, voted to continue the Order. As a result, the Lamb Checkoff Program will continue to be funded by a mandatory assessment on producers, seedstock producers (breeders), feeders, and exporters at the rate of one-half cent ($.005) per pound when live ovine animals are sold. The first handler, primarily packers, pay an additional $.30 cents per head on ovine animals purchased for slaughter. Importers are not assessed. State Referendum Results
[February 2, 2009, through February 27, 2009]
Votes
Volume votedState
Yes
No
Yes
NoArizona
5
0
50,794
0California
126
5
1,099,775
9,188Colorado
60
7
950,095
18,590Georgia
4
1
244
12Idaho
38
1
144,237
1,625Illinois
26
5
2,689
1,022Indiana
43
4
3,920
939Iowa
89
15
409,003
2,353Kansas
28
7
13,445
1,496Kentucky
24
1
3,741
450Maine
15
1
417
4Maryland
9
2
1,274
102Massachusetts
7
1
387
41Michigan
55
9
15,129
1,768Minnesota
66
16
27,367
4,348Missouri
39
9
9,605
526Montana
146
40
120,837
19,733Nebraska
25
10
5,575
2,112Nevada
9
1
30,916
6,000New Hampshire
7
2
844
434New Jersey
6
0
377
0New Mexico
15
2
7,459
54New York
21
10
3,603
5,881North Carolina
24
1
2,042
307North Dakota
25
11
8,287
1,425Ohio
100
24
19,934
5,209( print page 35160)Oregon
51
9
37,179
4,373Pennsylvania
49
11
5,321
30,607South Dakota
92
43
69,216
82,413Tennessee
22
3
1,215
110Texas
158
6
203,437
47,536Utah
80
3
161,377
4,457Virginia
15
7
4,388
997Washington
35
0
23,677
0West Virginia
50
4
9,728
278Wisconsin
28
6
4,232
4,438Wyoming
72
11
212,224
11,406Alabama, Alaska, Arkansas, Connecticut, Delaware, Florida, Hawaii, Louisiana, Mississippi, Oklahoma, Rhode Island, South Carolina, & Vermont 1
14
5
6,092
10,407National Totals
1,678
293
3,670,082
280,6411
                         To ensure the confidentiality of the voting process, the results of States in which there were not at least 3 votes in total with a minimum of one vote in each category are combined for the purpose of this report.
 Authority:
                    7 U.S.C. 7411-7425 and 7 U.S.C. 7401. Dated: July 14, 2009. David R. Shipman, Acting Administrator, Agricultural Marketing Service.


[FR Doc. E9-17032 Filed 7-17-09; 8:45 am] BILLING CODE 3410-02-P