SECTION 105. Marketing orders; issuance; notice and hearing; amendment or termination of orders

The commissioner may make and issue marketing orders, after due notice and opportunity for hearing, subject to

(1) approval of not less than sixty-five per cent of the producers participating in a referendum vote, and having marketed not less than fifty-one per cent of the total quantity of apples marketed in the next preceding marketing season by all producers that voted in the referendum, or

(2) approval of not less than fifty-one per cent of the producers participating in a referendum vote, and having marketed not less than sixty-five per cent of the total quantity of apples marketed in the next preceding marketing season by all producers that voted in the referendum.

The commissioner may, and upon written petition duly signed by at least twenty-five per cent of the affected producers shall amend or terminate such order after due notice and opportunity for hearing, but subject to the approval of at least fifty-one per cent of such producers participating in a referendum vote.