SECTIONS 67121-67126 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 67121-67126

67121. This chapter, except as necessary to conduct such vote,
shall not become operative until the secretary finds, in a referendum
conducted by the secretary in which at least 40 percent of the total
number of producers, from the list established by the secretary,
producing at least 40 percent of the total volume of avocados
marketed during the last completed marketing season participate,
either one of the following:
(a) Sixty-five percent or more of the producers certified by the
secretary who voted in the referendum, voted in favor of this
chapter, and the producers so voting marketed 51 percent or more of
the total quantity of avocados marketed in the preceding marketing
season by all of the producers who voted in the referendum.
(b) Fifty-one percent or more of the producers who voted in the
referendum voted in favor of this chapter and the producers so voting
marketed 65 percent or more of the total quantity of avocados
marketed in the preceding marketing season by all of the producers
who voted in the referendum.

67122. The secretary shall establish a period in which to conduct
the referendum which shall not be less than 10 days nor more than 60
days in duration, and may prescribe any additional procedure as may
be necessary to conduct the referendum.

67123. Nonreceipt of a ballot shall not invalidate the referendum.

67124. If the secretary finds that a favorable vote has been given
as provided in Section 67122, he or she shall certify and give notice
of that favorable vote to all producers and handlers whose names and
addresses may be on file with the secretary. This chapter shall
become operative on the 15th day after certification by the secretary
and publication to producers and handlers.

67125. If the secretary finds that assent has not been given as
provided in Section 67121, he or she shall so certify and declare all
provisions of this chapter inoperative.

67126. Prior to holding the referendum, sureties shall post a bond
or security, acceptable to the secretary, in an amount which the
secretary shall determine to be sufficient to pay the cost of the
referendum should the election determine that the operation of this
chapter is to be suspended.