SECTIONS 68131-68140 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 68131-68140

68131. Between October 1, 1984, and September 30, 1985, the
commission shall cause a referendum to be conducted among producers
in the manner prescribed in Section 68092 to determine whether the
operations of this chapter shall be reapproved and continued
effective. If the secretary finds that a favorable vote has been
given, the secretary shall so certify and all provisions of this
chapter shall remain effective. If the secretary finds that a
favorable vote has not been given, the secretary shall so certify and
declare the operation of this chapter and the commission suspended
upon the expiration of the current marketing season ending September
30, 1985. Thereupon, the operations of the commission shall be
concluded and funds distributed in the manner provided in Section
68134. No bond or security shall be required for any such referendum.

68132. Following a favorable referendum conducted prior to
September 30, 1985, a referendum shall be conducted by the commission
every fifth year thereafter between October 1st and January 31st,
following procedures provided by this section, unless a referendum is
conducted as the result of a petition pursuant to Section 68133. In
such case the referendum shall be every fifth year following the
industry petitioned referendum.

68133. Upon the finding of a two-thirds vote of the commission that
the operation of this chapter has not tended to effectuate its
declared purposes, the commission may recommend to the secretary that
the operation of this chapter shall be suspended. However, any
suspension shall not become effective until the expiration of the
current marketing season. The secretary shall, upon receipt of that
recommendation, or may, after a public hearing to review a petition
filed with the secretary requesting suspension, signed by 15 percent
of the producers by number who produced not less than 15 percent of
the volume in the immediately preceding season, cause a referendum to
be conducted among the listed producers to determine if the
operation and the operations of the commission shall be suspended,
and shall establish a referendum period, which shall not be less than
10 or more than 60 days in duration. The secretary may prescribe any
additional procedures that may be necessary to conduct a referendum.
At the close of the established referendum period, the secretary
shall tabulate the ballots filed during the referendum period. If at
least 40 percent of the total number of producers from the list
established by the secretary participate in the referendum, the
secretary shall continue the operation of this chapter, if the
secretary finds either one of the following:
(a) Sixty-five percent or more of the producers who voted in the
referendum voted in favor of continuation, and the producers so
voting marketed a majority or more of the total quantity of kiwifruit
marketed in the preceding marketing season by all of the producers
who voted in the referendum.
(b) That a majority or more of the producers who voted in the
referendum voted in favor of continuation, and that the producers so
voting marketed 65 percent or more of the total quantity of kiwifruit
marketed in the preceding season by all of the producers who voted
in the referendum.
Should the referendum fail to meet the requirements of subdivision
(a) or (b), the secretary shall suspend the operation of this
chapter upon the expiration of the current marketing season.

68134. After the effective date of suspension of the operation of
the provisions of this chapter and of the commission, the operations
of the commission shall be concluded and any and all moneys remaining
held by the commission, collected by assessment and not required to
defray the expenses of concluding and terminating operations of the
commission, shall be returned upon a pro rata basis to all persons
from whom assessments were collected in the immediately preceding
current marketing season. However, if the commission finds that the
amounts so returnable are so small as to make impractical the
computation and remitting of the pro rata refund to those persons,
any such moneys remaining and any moneys remaining after payment of
all expenses of winding up and terminating operations shall be
withdrawn from the approved depository and paid to the University of
California to fund research projects relating to kiwifruit.

68135. Upon suspension of the operation of this chapter and of the
commission, the commission shall mail a copy of the notice of
suspension to all producers and handlers affected by such suspension
whose names and addresses are on file.

68140. All moneys remaining held by the commission after the repeal
of this chapter shall be disposed of in accordance with Section
68134.