SECTIONS 59081-59088 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 59081-59088

59081. The director shall suspend or terminate any marketing order,
if he finds, after a public hearing duly noticed and held in
accordance with the provisions of Article 6 (commencing with Section
58771) of this chapter, that such marketing order is contrary to, or
does not tend to effectuate, the declared purposes or provisions of
this chapter within the standards and subject to the limitations and
restrictions which are imposed in this chapter.

59082. The director shall terminate any marketing order if he finds
that the termination of the marketing order is requested in writing,
within a 90-day period, by at least 51 percent of the producers that
are directly affected that produce at least 51 percent of the volume
of the product, or by at least 51 percent of the handlers that are
directly affected that handle at least 51 percent of the volume of
the product.
The person or persons originating such a written request shall
file a written notice with the director in such a manner that the
date such a request is initiated can be readily ascertained. Any such
person may withdraw his name from such a written request until the
time the request is presented to the director.
A request to terminate a marketing order shall be submitted to the
director by a petition signed by not less than the number of
producers or handlers which produce or handle the volume of products
specified in this section. The signatures to the petition need not
all be appended to one sheet of paper. Each person signing the
petition shall add to his signature his place of business, giving
street and number. If no street and number exist, then a designation
of the place of business shall be given which will enable the
location to be readily ascertained.
Before circulating a petition to terminate a marketing order, its
proponents shall notify the director of their intent to do so in
order to ascertain the beginning date of the 90-day period.
After such notification to the director, the petition may be
circulated among the producers or handlers affected. The petition
shall bear a copy of the notice of intention. Signatures shall be
secured within the time limit specified in this section. Any person
may withdraw his name from a petition to terminate any marketing
order until the time the petition is presented to the director.

59083. If at least 25 percent of the producers that are directly
affected that produce at least 25 percent of the product and at least
25 percent of the handlers that are directly affected that handle at
least 25 percent of the product request, within a 90-day period,
that such marketing order be submitted to reapproval, the director
shall hold a hearing on the question of the reapproval of such
marketing order, and whether such reapproval shall be by assent or
referendum.
If the director finds after the hearing that a substantial
question exists as to whether such marketing order is contrary to, or
does not effectuate the declared purposes or provisions of, this
chapter within the standards and subject to the limitations and
restrictions which are imposed in this chapter, such marketing order
shall be submitted for the reapproval of those producers and handlers
that are directly affected, as provided in this article, within 120
days of the receipt of the original request.
The person or persons originating such a request shall file a
written notice with the director in such a manner that the date such
a request is initiated can be readily ascertained. Persons may
withdraw their names from such a request until the time the request
is presented to the director.
A request to hold a public hearing on a marketing order shall be
submitted to the director by a petition signed by not less than the
number of producers or handlers which produce or handle the volume of
products specified in this section. The signatures to the petition
need not all be appended to one sheet of paper. Each person signing
the petition shall add to his signature his place of business, giving
street and number. If no street and number exist, then a designation
of the place of business shall be given which will enable the
location to be readily ascertained.
Before circulating a petition to hold a public hearing on a
marketing order, its proponents shall notify the director of their
intent to do so in order to ascertain the beginning date of the
90-day period.
After such notification to the director, the petition may be
circulated among the producers or handlers affected. The petition
shall bear a copy of the notice of intention. Signatures shall be
secured within the time limit specified in this section. Any person
may withdraw his name from a petition to hold a public hearing on any
marketing order until the time the petition is presented to the
director.

59084. If the director finds that the marketing order is not
reapproved, he shall declare such order terminated. An order shall be
considered reapproved if it has been assented to or favored at a
referendum in the same manner as is required for a new marketing
order.

59085. At any time the director finds that a substantial number of
persons that are directly affected by an order are in opposition to
it, he shall hold a hearing on the question of the termination,
suspension, amendment, or reapproval of such order, and shall, not
more than 60 days after such hearing, terminate, suspend, or submit
for amendment or reapproval such order, or make a finding that there
is not sufficient opposition to the order to warrant any action.

59086. A marketing order shall not be submitted for reapproval
until one year after the original enactment, or within one year of
any prior approval. However, if no provision is made in any marketing
order for reapproval or for termination in less than five years, the
director shall at least once each five years hold a hearing, duly
noticed and held in accordance with the provisions of this chapter.
If the director finds after the hearing that a substantial question
exists as to whether such marketing order is contrary to, or does not
effectuate the declared purposes or provisions of this chapter
within the standards and subject to the limitations and restrictions
which are imposed in this chapter, such marketing order shall be
submitted for reapproval. The vote for reapproval shall be the same
as used for original approval of a marketing order. The director
shall determine whether such approval shall be by assent or
referendum. An amendment to a marketing order which extends the term
thereof shall be deemed a reapproval of the marketing order. A
marketing order which within five years prior to the effective date
of this act has been amended to fix or extend its term shall be
deemed to have been duly reapproved.

59087. (a) The director may terminate, without a public hearing,
any marketing order or marketing agreement which has been inoperative
for three consecutive marketing seasons after giving notice of
intent to terminate such marketing order or marketing agreement
pursuant to subdivision (b) of this section.
(b) The notice shall be posted on a public bulletin board which
the director shall maintain in his office. Termination shall not
become effective until five days after the date of such posting. The
director shall also issue at the time of such posting, a public
notice to newspapers of general and statewide circulation concerning
his intention to terminate such marketing order or marketing
agreement.

59088. No suspension or termination of any marketing order or
marketing agreement pursuant to this article shall become effective
until the expiration of the marketing season then current.