SECTIONS 73351-73356 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 73351-73356

73351. Between October 1, 1987, and September 30, 1988, the
commission shall conduct a referendum among producers in the manner
prescribed in Section 73202 to determine whether the operation of
this chapter shall be reapproved and continued in effect.
If the director finds that a favorable vote has been given, he or
she shall so certify and this chapter shall remain operative. 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 marketing season
ending September 30, 1988. Thereupon, the operations of the
commission shall be concluded and funds distributed in the manner
provided in Section 73355.
No bond or security is required for the referendum.

73352. Following a favorable referendum conducted prior to
September 30, 1988, a referendum shall be conducted by the commission
every fifth year thereafter between October 1st and September 30,
following procedures provided in this article, unless a referendum is
conducted as the result of a petition filed pursuant to Section
73353. In that case, the referendum shall be every fifth year
following the industry petitioned referendum.

73353. 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 director that
the operation of this chapter be suspended. However, the suspension
shall not become effective until the expiration of the current
marketing season.
The director shall, upon receipt of this recommendation, or may,
after a public hearing to review a petition filed with him or her
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 marketing season, conduct a referendum among
the producers to determine if the operation of the commission shall
be suspended.
The director shall establish a referendum period, which shall not
be less than 10 or more than 60 days in duration. The director may
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 participated in the referendum, the
director shall continue 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 continuation, and the producers so
voting marketed a majority or more of the volume of navel oranges
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, and the producers so voting marketed 65
percent or more of the volume of navel oranges marketed in the
preceding season by all of the producers who voted in the referendum.

73354. Prior to any referendum resulting from a petition filed in
accordance with Section 73353, the petitioners shall deposit with the
director an amount that the director deems necessary to defray the
expenses of preparing the necessary lists and information and
conducting the referendum. Any funds not used shall be returned to
the petitioners who deposited the funds with the director.

73355. After the effective date of suspension of the operation of
this chapter and of the commission, the operations of the commission
shall be concluded and any and all remaining funds held by the
commission, collected by assessment and not required to defray the
expenses of concluding and terminating the operations of the
commission, shall be returned upon a pro rata basis to all persons
from whom assessments were collected in the immediately preceding
marketing season.
However, if the commission finds that the amounts so returnable
are so small as to make impractical the computation and remitting of
a pro rata refund to these persons, any such funds remaining and any
funds 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 authorized navel orange
or citrus program. If no such program exists, the funds shall be
paid into a federally authorized navel orange or citrus program. If
no such program exists, the funds shall be paid into the State
Treasury as unclaimed trust money.

73356. 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.