SECTIONS 73201-73212 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 73201-73212

73201. As soon as possible and no later than 60 days after the
effective date of this chapter, the director shall establish a list
of producers eligible to vote on implementation of this chapter. In
establishing this list, the director may require each handler, with
respect to those producers whose navel oranges the handler markets,
and each county agricultural commissioner, with respect to the
producer with bearing acreage within the county, to submit the name
and mailing address of, and the volume, if known, shipped by, each
producer. The request for this information shall be in writing. The
information required by the director shall be filed within 30 days
following receipt of the written notice.
Any producer, whose name does not appear upon the director's list
of producers affected, may have his or her name included on the list
by filing with the director a signed statement identifying himself or
herself as a producer. Failure to be on this list does not exempt
the producer from paying assessments under this chapter.
Additionally, the director may use other sources of information
necessary to secure that information to establish the list.

73202. This chapter, except as necessary to conduct an
implementation referendum, does not become operative until the
director finds in a referendum conducted by the director, or a person
designated by the director, that at least 40 percent of the total
number of producers from the list established by the director
pursuant to Section 73201, participated, and that 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 this chapter, and the producers so
voting marketed a majority of the volume of navel oranges in the
preceding 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 this chapter, and the producers so voting marketed 65
percent or more of the volume of navel oranges in the preceding
season by all of the producers who voted in the referendum.

73203. The director shall establish a period in which to conduct
the referendum which shall not be less than 10 days or more than 60
days in duration, and may prescribe additional procedures as may be
necessary to conduct the referendum. If the initial period
established is less than 60 days, the director may extend the period.
However, the total referendum period may not exceed 60 days.

73204. Nonreceipt of a ballot does not invalidate a referendum.

73205. If the director finds that a favorable vote has been given
as provided in Section 73202, he or she shall certify and give notice
of the favorable vote, and that this chapter is operative, to all
producers whose names and addresses are on list of the director.

73206. If the director finds that a favorable vote has not been
given as provided in Section 73202, he or she shall so certify and
declare this chapter to be inoperative.

73207. 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 to the commission as provided for in Section 73102.
All producers on the director's list shall be given written notice
of the meetings at least 15 days prior to the meeting date.
Any producer with navel orange acreage in more than one district
shall vote only in the district in which he or she has the majority
of his or her bearing acreage.
Any producer who qualifies as both a cooperative producer and
independent producer shall vote in the category of producers, either
cooperative or independent, which reflects where the majority of that
producer's volume of navel oranges are to be marketed.

73208. To be eligible for election to the commission, a producer
nominee shall submit to the director a nomination petition with the
signatures of at least 10 eligible producers from the district from
which the nominee is seeking election.

73209. The director shall establish a list of handlers and shall,
by mail ballot or by calling a meeting of all handlers, conduct the
nomination and election of handlers to the commission as provided for
in Sections 73103 and 73104.
Handlers shall be given written notice of the meeting at least 15
days prior to the meeting date.

73210. 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 established by the
commission with the concurrence of the director.

73211. Prior to the implementation referendum conducted by the
director pursuant to Section 73202, the proponents of the commission
shall deposit with the director the amount that the director deems
necessary to defray the expenses in creating the commission,
including, but not limited to, preparing the necessary lists of
producers and handlers and conducting the implementation referendum.
Any funds left after paying those expenses shall be returned to
the proponents of the commission who deposited the funds with the
director.

73212. Upon creation of the commission, the commission is
authorized to reimburse the proponents of the commission for any
funds deposited with the director which were used in creating the
commission, including, but not limited to, preparing the necessary
lists of producers and handlers and conducting the implementation
referendum.