SECTIONS 68091-68099 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 68091-68099

68091. The secretary shall establish a list of producers eligible
to vote on implementation of this chapter. In establishing this list,
the secretary shall require that handlers, county agricultural
commissioners, and kiwifruit producers in this state submit the
names, mailing addresses, and district numbers of all kiwifruit
producers who produce kiwifruit. The request for such information
shall be in writing. The list shall be filed within 30 days following
receipt of the written notice.
Any producer of kiwifruit whose name does not appear upon the
secretary's list of producers affected may have his or her name
established on that list by filing with the secretary a signed
statement, identifying himself or herself as a producer. Failure to
be on the list does not exempt the producer from paying assessments
under this chapter.

68092. This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
secretary finds, in a referendum conducted by the secretary, that at
least 40 percent of the total number of producers from the list
established by the secretary pursuant to Section 68091, participate,
and either of the following:
(a) Sixty-five percent or more of the producers who voted in the
referendum, and the producers so voting marketed a majority or more
of the total quantity of kiwifruit in the preceding season by all of
the producers who voted in the referendum, voted in favor of this
chapter.
(b) A majority or more of the producers who voted in the
referendum, and the producers so voting marketed 65 percent or more
of the total quantity of kiwifruit in the preceding season by all of
the producers who voted in the referendum, voted in favor of this
chapter.

68093. The secretary shall establish a period in which to conduct
the referendum, which shall not be less than 10 days or more than 60
days in duration, and may prescribe such additional procedure as may
be necessary to conduct a referendum. If the initial period
established is less than 60 days, the secretary may extend the
period. However, the total referendum period may not exceed 60 days.

68094. Nonreceipt of a ballot shall not invalidate such a
referendum.

68095. If the secretary finds that a favorable vote has been given
as provided in Section 68092, the secretary shall certify and give
notice of the favorable vote to all producers and handlers whose
names and addresses may be on file with the secretary.

68096. If the secretary finds that a favorable vote has not been
given as provided in Section 68092, the secretary shall so certify
and declare all provisions of this chapter inoperative.

68097. Upon certification of the commission, the secretary shall
call meetings of producers in each district for the purpose of
nominating and electing persons for appointment to the commission by
the secretary. All producers on the secretary's list shall be given
written notice of the election meetings at least 15 days prior to the
meeting date.

68098. Subsequent to the first election of commissioners under this
chapter, persons to be elected to the commission shall be selected
pursuant to the nomination and election procedures established by the
commission with the concurrence of the secretary.

68099. Prior to the referendum vote conducted by the secretary
pursuant to Section 68092, the proponents of the commission shall
deposit with the secretary the amount the secretary may deem
necessary to defray the expenses of preparing the necessary lists and
information and conducting the vote.
Any unused funds in carrying out Section 68092 shall be returned
to the proponents of the commission who deposited the funds with the
secretary.
Upon establishment of the commission, the commission may reimburse
the proponents of the commission for any funds deposited with the
secretary that were used in carrying out Section 68092, and for any
legal expenses and costs incurred in establishing the commission.