SECTIONS 69101-69105 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 69101-69105

69101. Between September 1, 1985, and August 31, 1986, the
commission shall cause a referendum to be conducted among producers
in the manner prescribed in Section 69062 to determine whether the
operations of this chapter shall be reapproved and continued in
effect. If the secretary finds that a favorable vote has been given,
the secretary shall so certify and 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
marketing season ending August 31, 1986. Thereupon, the operations of
the commission shall be concluded and funds distributed in the
manner provided in Section 69104. No bond or security shall be
required for any such referendum.

69102. Following a favorable referendum conducted prior to August
31, 1986, 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 69103. In
such case the referendum shall be every fifth year following the
industry petitioned referendum.

69103. Upon a finding by 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 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.
The secretary shall establish a referendum period, that shall not be
less than 10 days or more than 60 days in duration. The secretary may
prescribe additional procedures 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 of this chapter, and the
producers so voting marketed a majority or more of the total quantity
of pistachios marketed in the preceding marketing season 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 continuation of this chapter, and that the producers so
voting marketed 65 percent or more of the total quantity of
pistachios marketed in the preceding season by all of the producers
who voted in the referendum.

69104. 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; provided further, however, that if the
commission finds that the amounts so returnable are so small as to
make impractical the computation and remitting of such pro rata
refund to such 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
into the State Treasury as unclaimed trust moneys.

69105. 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 affected by the suspension whose names
and addresses are on file.