SECTIONS 58991-59000 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 58991-59000

58991. A marketing order or major amendment to it, which directly
affects handlers, that is issued pursuant to this chapter, shall not
become effective unless and until the director finds one of the
following has occurred:
(a) It has been assented to in writing by not less than 65 percent
of the handlers that are engaged, within the area specified in the
marketing order or amendment to it, in the handling of the commodity
which is regulated by the marketing order.
(b) It has been assented to in writing by handlers that handle not
less than 65 percent of the volume of the commodity which is
regulated by the marketing order.
(c) It has been approved by handlers in a referendum among
handlers that are directly affected. The director may make the
finding pursuant to this subdivision if the valid votes cast in the
referendum represent not less than 40 percent of the total number of
handlers of the commodity of record with the department, and if the
handlers that cast ballots in the referendum in favor of the
marketing order or amendment to it represent not less than 65 percent
of the total number of handlers that cast ballots in the referendum
and handled not less than 51 percent of the total quantity of the
commodity which was marketed in the next preceding marketing season,
or the current marketing season if the harvest and delivery of the
commodity to handlers is complete, by all of the handlers that cast
ballots in the referendum, or if the handlers that cast ballots in
the referendum in favor of the marketing order or amendment represent
not less than 51 percent of the total number of handlers that cast
ballots in the referendum and handled not less than 65 percent of the
total quantity of the commodity which was handled in the next
preceding marketing season, or the current marketing season if the
harvest and delivery of the commodity to handlers is complete, by all
of the handlers who cast ballots in the referendum. The quantity of
the commodity handled by the handler may be stated on the referendum
ballot returned by each handler or may be obtained by requiring
handlers to report that volume pursuant to Section 58775.

58992. Any marketing order or major amendment to it which directly
affects processors that are engaged in the operation of canning of
fresh fruits or vegetables or canning or packing of dried fruits
shall not be made effective by the director unless and until the
director finds one of the following has occurred:
(a) The marketing order or amendment to it has been assented to in
writing by the processors that are engaged in the marketing activity
which is regulated by the marketing order or amendment to it that
processed not less than 65 percent of the volume of the commodity
which is processed within the area defined in the marketing order or
amendment to it and by 65 percent of the number of the processors
that are engaged in the marketing activity which is regulated by the
marketing order or amendment to it.
(b) It has been approved by processors in a referendum among
processors that are directly affected. The director may make the
finding pursuant to this subdivision if the valid votes cast in the
referendum represent not less that 40 percent of the total number of
processors of the commodity of record with the department, and if the
processors that cast ballots in the referendum in favor of the
marketing order or amendment to it represent not less than 65 percent
of the total number of processors that cast ballots in the
referendum and processed not less than 51 percent of the total
quantity of the commodity which was marketed in the next preceding
marketing season, or the current marketing season if the harvest and
delivery of the commodity to processors is complete, by all of the
processors that cast ballots in the referendum, or if the processors
that cast ballots in the referendum in favor of the marketing order
or amendment represent not less than 51 percent of the total number
of processors that cast ballots in the referendum and processed not
less than 65 percent of the total quantity of the commodity which was
marketed in the next preceding marketing season or the current
marketing season if the harvest and delivery of the commodity to
processors is complete, by all of the processors who cast ballots in
the referendum. The quantity of the commodity processed by the
processor may be stated on the referendum ballot returned by each
processor or may be obtained by requiring processors to report that
volume pursuant to Section 58775.

58993. No marketing order or major amendment to it, which directly
affects producers or producer marketing, that is issued pursuant to
this chapter, shall be made effective by the director unless and
until the director finds one or more of the following has occurred:
(a) It has been assented to in writing by not less than 65
percent of the producers that are engaged, within the area specified
in the marketing order or amendment to it, in the production for
market, or engaged in the producer marketing, of not less than 51
percent of the commodity which is specified in the marketing order or
the amendment to the marketing order in commercial quantities.
(b) It has been assented to in writing by producers that produce
not less than 65 percent of the volume of the commodity and by 51
percent of the total number of producers that are so engaged.
(c) It has been approved by producers in a referendum among
producers that are directly affected. The director may make the
finding if the valid votes cast in the referendum represent not less
than 40 percent of the total number of producers of the commodity of
record with the department, and if the producers that cast ballots in
the referendum in favor of the marketing order or amendment to it
represent not less than 65 percent of the total number of producers
that cast ballots in the referendum and marketed not less than 51
percent of the total quantity of the commodity which was marketed in
the next preceding marketing season, or the current marketing season
if the harvest and delivery of the commodity to handlers is complete,
by all of the producers that cast ballots in the referendum or if
the producers that cast ballots in the referendum in favor of the
marketing order or amendment represent not less than 51 percent of
the total number of producers that cast ballots in the referendum and
marketed not less than 65 percent of the total quantity of the
commodity which was marketed in the next preceding marketing season,
or the current marketing season if the harvest and delivery of the
commodity to handlers is complete, by all of the producers who cast
ballots in the referendum. The quantity of the commodity delivered by
the producer may be stated on the referendum ballot returned by each
producer or may be obtained by requiring handlers to report that
volume pursuant to Section 58775.

58994. If any marketing order or any major amendment to any
marketing order is issued by the director for the approval of
producers, handlers, or processors, the director shall determine
whether the approval shall be by written assents or by referendum.

58995. If the director determines that it should be by referendum,
the director shall establish a referendum period not to exceed 30
days. If the director determines that the referendum period so
established does not provide sufficient time for the balloting, the
director may extend the referendum period not more than 15 additional
days. At the close of the referendum period, the director shall
count and tabulate the ballots filed during the referendum period.

58996. If from the tabulation the director finds that the number of
producers that voted in the referendum and that the number of
producers that voted in favor of the marketing order or amendment to
the marketing order are sufficient for him to make the finding that
producers that are directly affected have approved the marketing
order or amendment, the director may make the marketing order or
amendment to the marketing order effective.

58997. If the director finds from the tabulation of such referendum
that the number of producers that voted in favor of such marketing
order or amendment to the marketing order is not sufficient for him
to make the finding that producers that are directly affected have
approved the marketing order or amendment to it, he shall not make
the marketing order or amendment effective.

58998. The director may prescribe such additional procedures as may
be necessary to conduct the referendum.

58999. In finding whether the marketing order or major amendment to
it is assented to in writing or approved or favored by producers
pursuant to the provisions of this chapter, the director shall
consider the approval of any nonprofit agricultural cooperative
marketing association, which is authorized by its members so to
assent, as being the assent, approval, or favor of the producers that
are members of, or stockholders in, that nonprofit agricultural
cooperative marketing association.

59000. Any producer that sells a growing crop to be harvested and
marketed by another person is entitled to assent to, or vote in a
referendum, if both of the following requirements are complied with:
(a) At the time of sale of such growing crop the producer retains
the exclusive right so to assent or to so vote.
(b) The quantity of such growing crop can be determined to the
satisfaction of the director.