SECTIONS 72091-72099 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 72091-72099

72091. Within 90 days after January 1, 1983, the director shall
establish a list of producers eligible to vote on implementation of
this chapter. In establishing the list, the director shall require
that handlers, county agricultural commissioners, and wheat producers
in this state submit the names, mailing addresses, and district
numbers of all wheat producers. The request for this information
shall be in writing. The list shall be filed within 30 days following
receipt of the written notice.
Any producer of wheat, whose name does not appear upon the
director's list of producers affected, may have his name established
on the list by filing with the director a signed statement,
identifying himself as a producer. Failure to be on the list does not
exempt the producer from paying assessments under this chapter.

72092. The provisions of this chapter, except as necessary to
conduct an implementation referendum vote, shall not become operative
until the director finds, in a referendum conducted by the director,
that at least 40 percent of the total number of producers from the
list established by the director pursuant to Section 72091,
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 wheat in the preceding season by all of the
producers who voted in the referendum, voted in favor of the
provisions 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 wheat in the preceding season by all of the
producers who voted in the referendum, voted in favor of the
provisions of this chapter.

72093. The director 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 that may
be necessary to conduct the referendum. If the initial period
established is less than 60 days, the director may extend the period.

72094. Failure to receive a ballot shall not invalidate the
referendum.

72095. If the director finds that a favorable vote has been given
as provided in Section 72092, he shall certify and give notice of the
favorable vote to all producers and handlers whose names and
addresses may be on file with the director.

72096. If the director finds that a favorable vote has not been
given as provided in Section 72092, he shall so certify and declare
all provisions of this chapter inoperative.

72097. Upon certification of the commission, the director shall
contact all producers in each district by mail, or call meetings of
producers in each district, for the purpose of nominating and
electing persons for appointment to the commission by the director.
All producers on the director's list shall be given written notice of
the election meetings at least 15 days prior to the meeting date.
Upon certification of the commission, the director shall establish
a list of handlers and shall, by mail or calling a meeting of all
handlers, conduct the nomination and election of handlers for
appointment to the commission by the director. All handlers on the
director's list shall be given written notice of any nomination or
election meetings at least 15 days prior to the meeting date.

72097.5. To be eligible for election to the commission, producer
nominees shall present to the director a nomination petition with the
signatures of at least six eligible producers from the district from
which the nominee is seeking election.

72098. 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 which shall be
established by the rules and regulations adopted by the commission
with concurrence of the director.

72099. Prior to the referendum vote conducted by the director
pursuant to Section 72092, the proponents of the commission shall
deposit with the director such amount as the director may deem
necessary to defray the expenses of preparing the necessary lists and
information and conducting the vote.
Any unused funds in carrying out the provisions of Section 72092
shall be returned to the proponents of the commission who deposited
the funds with the director.
Upon establishment of the commission, the commission is authorized
to reimburse the proponents of the commission for any funds
deposited with the director and which were used in carrying out the
provisions of Section 72092, and for any legal expenses and costs
incurred in establishing the commission.