SECTIONS 74121-74131 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 74121-74131

74121. This chapter, except as necessary to conduct an
implementation referendum, shall not become operative until the
director finds, in a referendum conducted by him or her, or a person
designated by the director, that a favorable vote has been given
pursuant to this article.

74122. The referendum shall provide for eligible producers and
eligible vintners to approve this chapter jointly as applicable to
both producers and vintners.

74123. (a) Not later than April 1, 1987, the director shall
establish a list of producers and a list of vintners who are eligible
to vote on implementation of this chapter. In establishing the
lists, the director may require producers, vintners, county
agricultural commissioners, and others to submit the names and
mailing addresses of all producers and vintners. The director also
may require that the information provided include the quantity of
winegrapes sold to vintners and the quantity of winegrapes processed
by vintners or, in the alternative, may establish procedures for
receiving the information at the time of the referendum. 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.
(b) Any producer or vintner whose name does not appear on the
director's lists may have his or her name included on the appropriate
list by filing with the director a signed statement identifying
himself or herself as a producer or vintner. Failure to be on the
appropriate list does not exempt any producer or vintner from paying
assessments under this chapter.

74124. In determining whether this chapter is approved by
producers, the director must find that at least 40 percent of the
total number of producers from the list established by the director
participated in the referendum, and that either one of the following
has occurred:
(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 winegrapes in the
preceding marketing season, or in the current marketing season if the
harvest is completed prior to the vote, by all 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 winegrapes in the preceding
marketing season, or in the current marketing season if the harvest
is completed prior to the vote, by all the producers who voted in the
referendum.

74125. In determining whether this chapter is approved by vintners,
the director must find that at least 40 percent of the total number
of vintners from the list established by the director participated in
the referendum, and that either one of the following has occurred:
(a) Sixty-five percent or more of the vintners who voted in the
referendum voted in favor of this chapter, and the vintners so voting
either acquired or processed their own production, or a combination
thereof, which represents a majority of the volume of winegrapes in
the preceding marketing season, or in the current marketing season if
the harvest is completed prior to the vote, by all the vintners who
voted in the referendum.
(b) A majority of the vintners who voted in the referendum voted
in favor of this chapter, and the vintners so voting either acquired
or processed their own production, or a combination thereof, which
represents 65 percent or more of the volume of winegrapes in the
preceding marketing season, or in the current marketing season if the
harvest is completed prior to the vote, by all the vintners who
voted in the referendum.

74126. 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 additional procedures 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.

74127. Nonreceipt of a ballot shall not invalidate a referendum.

74128. If the director finds that a favorable vote has not been
given as provided in this chapter, he or she shall certify and
declare this chapter inoperative. If the director finds that a
favorable vote has been given as provided in this chapter, he or she
shall certify and give notice of the favorable vote to all producers
and vintners whose names and addresses may be on file with the
director.

74129. Upon certification of the commission, the producer and
vintner members and their alternate members who are then serving on
the California Wine and Winegrape Improvement Program made effective
by the director on August 21, 1984, shall become the initial members
and alternate members of the commission and shall serve in accordance
with the requirements of Section 74071.

74130. Subsequent to the action taken pursuant to Section 74129,
persons to be elected to the commission upon expiration of existing
terms shall be selected pursuant to the nomination and election
procedures established by the commission with the concurrence of the
director.

74131. (a) Prior to the implementation referendum conducted by the
director, 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 producer and vintner lists and conducting the
referendum.
(b) Any funds remaining after paying expenses shall be returned to
the proponents of the commission who deposited the funds with the
director.
(c) The commission may reimburse the proponents of the commission
for any funds deposited with the director which were used in carrying
out this article and for any legal expenses and costs incurred in
establishing the commission.