SECTIONS 64320-64322 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 64320-64322

64320. (a) Between July 1, 1983, and December 31, 1983, and in the
same period each five years thereafter, the secretary shall, by the
public hearing procedure, and if appropriate, the referendum
procedure provided for in this article, determine whether the council
program provided for in this chapter shall continue in effect.
(b) If the secretary finds from evidence received at the hearing
that a substantial question exists as to whether the council program
is contrary to or does not effectuate the declared purposes or
provisions of this chapter, the council program shall be submitted to
referendum as provided in subdivision (c).
(c) If the secretary determines that a referendum procedure is
appropriate, the secretary shall establish a referendum period of not
to exceed 30 days during which period ballots shall be submitted to
all producers, producer-handlers, and handlers on a statewide basis.
If the secretary determines that the referendum period does not
provide sufficient time for the balloting, the secretary may extend
the referendum for an additional period not to exceed 30 days. The
ballots shall provide a "yes" or "no" voting alternative to the
question:
"Shall the Dairy Council of California be continued for the next
five fiscal years commencing July 1 following this referendum "

64321. If the council program is submitted to a referendum, the
secretary shall find that producers, handlers, and producer-handlers
statewide have assented to the council program if he or she finds
both of the following:
(a) Sixty-five percent or more of the total number of handlers,
including producer-handlers, voting approve the program.
(b) (1) Not less than 51 percent of the total number of eligible
producers, including producer-handlers, in the state voted in the
referendum.
(2) Sixty-five percent or more of the total number of eligible
producers, including producer-handlers, who voted in the referendum
and who produced 51 percent or more of the total amount of fluid milk
produced during the second calendar month preceding the month of the
commencement of the referendum period by all producers who voted in
the referendum approve the program, or 51 percent or more of the
total number of eligible producers who voted in the referendum and
who produced 65 percent or more of the total amount of fluid milk
produced during the second calendar month preceding the month of the
commencement of the referendum period by all producers who voted in
the referendum, approve the program.

64321.5. If the secretary finds that producers, handlers, and
producer-handlers have not assented to the council program pursuant
to Section 64321, the program may be resubmitted to a referendum as
prescribed herein within a period of not less than 60 days and not
more than 180 days after the secretary announces the plan was not
approved.

64322. (a) If the council program has been submitted to referendum
pursuant to procedures prescribed in Section 64321 and the secretary
finds that producers, handlers, and producer-handlers have not
assented to the program, or if the program is resubmitted pursuant to
Section 64321.5 and the secretary finds that assent is again not
forthcoming, operations of the provisions of this chapter and of the
council shall be suspended commencing July 1 following the referendum
or referendums.
(b) After the effective date of suspension of the operation of the
provisions of this chapter and of the council, the operations of the
council shall be wound up, and any real and personal property held
in the name of the council shall be liquidated and the proceeds,
along with any and all remaining money held by the council, collected
by assessment and not required to defray the expenses of winding up
and terminating operations of the council, shall be returned upon a
pro rata basis to all persons from whom assessments were collected in
the immediately preceding three months. However, if the secretary
finds that the amounts so returnable are so small as to make
impractical the computation and remitting of the pro rata refund to
these persons, any moneys remaining after payment of all expenses of
winding up and terminating operations shall be withdrawn from the
approved depository and paid into the State Treasury as unclaimed
trust moneys.