SECTIONS 72131-72135 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 72131-72135

72131. Between May 1, 1987, and April 30, 1988, the commission
shall cause a referendum to be conducted among producers in the
manner prescribed in Section 72131.5 to determine whether the
operation of this chapter shall be reapproved and continued
effective. If the director finds that a favorable vote has been
given, he or she shall so certify and this chapter shall remain
effective. If the director finds that a favorable vote has not been
given, he or she shall so certify and declare the operation of this
chapter and the commission suspended upon the expiration of the
current marketing season ending April 30, 1988. Thereupon, the
operations of the commission shall be concluded and funds distributed
in the manner provided in Section 72134. No bond or security shall
be required for any such referendum.

72131.5. The operation of this chapter shall be reapproved and
continued in effect if the director finds, in the referendum required
pursuant to Section 72131, that a majority of the eligible producers
voting in the referendum, voted in favor of continuing the operation
of this chapter.

72132. Following a favorable referendum conducted prior to April
30, 1988, a referendum shall be conducted by the commission every
fifth year thereafter between May 1 and April 30, following
procedures provided by this chapter and Section 72131.5, unless a
referendum is conducted as the result of an industry petition
pursuant to Section 72133. In that case the referendum shall be every
fifth year following the industry petitioned referendum.

72133. 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 director 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 director shall, upon receipt of the
recommendation, or may upon a petition filed with him requesting the
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, and after a public hearing, cause a referendum to
be conducted among the listed producers to determine if the operation
and the operations of the commission shall be suspended. However,
the director shall not cause a referendum to be conducted as a result
of the petition unless the petitioner shows by the weight of
evidence that the operation of this chapter has not tended to
effectuate its declared purposes. The director shall establish a
referendum period, which shall not be less than 10 nor more than 60
days in duration. The director is authorized to prescribe additional
procedures as may be necessary to conduct the referendum. At the
close of the established referendum period, the director shall
tabulate the ballots filed during the period. If at least 40 percent
of the total number of producers from the list established by the
director, participate in the referendum, the director shall suspend
the operation of this chapter, if he or she finds either one of the
following:
(a) Sixty-five percent or more of the producers who voted in the
referendum voted in favor of suspension, and the producers so voting
marketed a majority or more of the total quantity of wheat 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 suspension, and that the producers so
voting marketed 65 percent or more of the total quantity of wheat
marketed in the preceding season by all of the producers who voted in
the referendum.

72133.5. (a) The director shall terminate the commission at the end
of the current marketing season if requested in writing, within a
90-day period, by at least 51 percent of the eligible producers who
are directly affected and who produce at least 51 percent of the
volume of the product.
(b) The person or persons originating the request shall file a
written notice with the director in a manner that establishes the
date a request is initiated. Any person may withdraw his or her name
for the petition requesting the termination prior to the time the
request is presented to the director. The signatures to the petition
requesting the termination need not all be appended to one sheet of
paper. Each person signing the petition shall add to his or her
signature his or her place of business, giving the street and number.
If no street and number exist, then a designation of the place of
business shall be given which will enable the location to be readily
ascertained.
(c) The petition shall bear a copy of the notice of intention.
Signatures shall be secured within the time limit specified in this
section.

72134. After the effective date of suspension of the operation of
this chapter and of the operations 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 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 an appropriate state or
federal program involved in activities authorized in this chapter. If
no such program exists, the funds shall be paid into the State
Treasury as unclaimed trust moneys.

72135. 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 the suspension
whose names and addresses are on file.