(a) Subject to the approval of the commissioner, the certified organization may conduct the referendum and election under this chapter either on an area or statewide basis, as determined by the organization in its petition for certification.
(b) A producer of the agricultural commodity is eligible to vote in the referendum and election if:
(1) the producer’s production occurs within the area described in the organization’s petition; and
(2) the producer would be required under the referendum to pay the assessment.