SECTIONS 69061-69070 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 69061-69070

69061. Within 90 days after January 1, 1981, the secretary shall
establish a list of producers eligible to vote on implementation of
this chapter. In establishing the list, the secretary shall require
that processors, county agricultural commissioners, and pistachio
producers submit the names, mailing addresses, and district numbers
of all pistachio producers who produce merchantable pistachios. The
request for the information shall be in writing. The list shall be
filed within 30 days following receipt of the written notice.
Any producer of pistachios, whose name does not appear upon the
secretary's list of producers affected, may have his or her name
established on the 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.

69062. 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 69061, participate,
and either of the following:
(a) Sixty-five percent or more of the producers who voted in the
referendum voted in favor of this chapter, and the producers so
voting marketed a majority of the total quantity of pistachios in the
preceding season, or in the current season if the harvest and
delivery of pistachios to processors is complete, as determined by
the commission, by all of the producers who voted in the referendum.
(b) A majority 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 pistachios in the preceding
season, or in the current season if the harvest and delivery of
pistachios to processors is complete, as determined by the
commission, by all of the producers who voted in the referendum.

69063. The secretary shall establish a period in which to conduct
the referendum that shall not be less than 10 days or more than 60
days in duration, and may prescribe additional procedures necessary
to conduct the 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.

69064. Nonreceipt of a ballot shall not invalidate a referendum.

69065. If the secretary finds that a favorable vote has been given
as provided in Section 69062, the secretary shall certify and give
notice of the favorable vote to all producers whose names and
addresses may be on file with the secretary.

69066. If the secretary finds that a favorable vote has not been
given as provided in Section 69062, the secretary shall so certify
and declare this chapter inoperative.

69067. 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.

69068. To be eligible for election to the commission, producer
nominees shall present to the secretary a nomination petition with
the signatures of at least six eligible persons, as specified in
Section 69068.5, from the district from which the nominee is seeking
election.

69068.5. To be eligible to sign a nomination petition pursuant to
Section 69068, a person shall meet either of the following
qualifications:
(a) Be a producer as provided in Section 69027.
(b) Be engaged within this state in the business of growing
nonproducing pistachio trees for the purpose of becoming a producer
as defined in Section 69027 and who is not otherwise exempt from this
chapter pursuant to Section 69082.

69069. Subsequent to the first election of commissioners under this
chapter, persons to be elected to the commission shall be selected
pursuant to nomination and election procedures that shall be
established by the commission with the concurrence of the secretary.

69070. Prior to the referendum vote conducted by the secretary
pursuant to Section 69062, the proponents of the commission shall
deposit with the secretary the amount that the secretary may deem
necessary to defray the expenses of preparing the necessary lists and
information and conducting the vote.
Any funds not used in carrying out Section 69062 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 69062, and for any
legal expenses and costs incurred in establishing the commission.