SECTIONS 59851-59857 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 59851-59857

59851. Upon the issuance of a marketing program for the written
assent of producers, the director shall submit a copy of the
marketing program in full to each of the producers of the commodity
which is to be affected, or their duly authorized agent, within the
proposed proration zone as shown by the lists of producers which are
compiled in accordance with this chapter, accompanied by a printed,
typewritten, or mimeographed form upon which the producer can record
his assent to the marketing program.

59852. A nonprofit cooperative association may assent on behalf of
any of its members only if it is authorized so to do by an instrument
in writing which is signed by the member.
Such authority may be revoked as to him by any such member by an
instrument in writing which is filed with the director and with such
association. The revocation shall become effective three days after
its receipt by the director. A copy of any written authorization, or
any revocation of such authority, of a producer to the nonprofit
cooperative association of which he is a member shall be forwarded to
the director by the association.

59853. The director may at the time of mailing to producers a
marketing program or amendments to it for written assent, establish a
closing date after which assents will not be counted. If he does so,
the closing date upon which assents are required to be postmarked in
order to be counted shall be shown on the assent form and be
announced by a press release for general dissemination which is
issued by the director.

59854. If the closing date is not established at the time assent
forms are mailed to producers, and the director subsequently finds
that because of the oncoming harvesting season or because of any
other relevant reason it is desirable to fix a closing date for
filing assents, he may do so by publishing a notice pursuant to
Section 6061 of the Government Code in the capital of the state and
in such other localities as the director may prescribe not less than
10 days prior to the closing date. The closing date shall also be
announced by a press release for general dissemination which is
issued by the director at least 10 days prior to the closing date.

59855. If the director finds that the marketing program has been
assented to in writing by one of the following, he shall make the
marketing program effective:
(a) Not less than 65 percent of the producers in the proration
zone that produced for market not less than 51 percent of the
quantity of the commodity which was produced in the proration zone in
the next preceding season.
(b) Not less than 51 percent of the producers that produced for
market not less than 65 percent of the quantity of such commodity
which was produced in the proration zone in the next preceding
season.

59856. If the director makes a marketing program effective, he
shall publish a notice of the effective date pursuant to Section 6061
of the Government Code in the capital of the state and in such other
localities as the director may prescribe, not less than five days
prior to the effective date.

59857. A member of the marketing program committee, or the
proration zone agent, shall not unduly influence producers in their
choice either for or against the institution of a marketing program,
or for or against the termination of such a marketing program.