SECTIONS 74191-74196 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 74191-74196

74191. Between July 1, 1991, and June 30, 1992, inclusive, the
commission shall cause a referendum to be conducted among producers
and vintners in the manner specified in Section 74122 to determine
whether this chapter shall be reapproved and continued in effect. A
favorable vote shall be found if the director determines from the
referendum that a majority of the eligible producers, or vintners, or
both, who voted in the referendum voted in favor of continuing the
operations of this chapter. If the director finds that a favorable
vote has been given to continue a joint producer-vintner commission,
a producer commission, or a vintner commission, he or she shall so
certify and this chapter or the appropriate portions thereof shall
remain in effect. If the director finds that a favorable vote has not
been given, he or she shall so certify and declare the operations of
this chapter suspended upon expiration of the marketing season. No
bond or security shall be required for any such referendum.

74192. Following a favorable referendum conducted prior to June 30,
1992, a referendum shall be conducted by the commission every fifth
year thereafter unless a referendum is conducted as a result of a
petition pursuant to this article. In that case, the referendum shall
be every fifth year following the industry petitioned referendum
following procedures provided in this article.

74193. (a) Upon a finding by a two-thirds vote of the commission
that this chapter has not tended to effectuate its declared purposes,
the commission may recommend to the director that this chapter be
suspended. However, any suspension shall not become effective until
the expiration of the current marketing season.
(b) Alternatively, the director may be petitioned to suspend this
chapter. The petition must be signed by 20 percent of the producers
by number who produced not less than 20 percent of the volume of
winegrapes in the immediately preceding marketing season and 20
percent of the vintners by number who acquired not less than 20
percent of the volume of winegrapes in the immediately preceding
marketing season. The director shall hold a hearing on the petition
after receiving it.
(c) The director shall, upon receipt of the recommendation to
suspend this chapter from the commission, or may, after holding the
hearing on the petition to suspend this chapter, hold a referendum
among the producers and vintners to determine if the commission shall
be suspended. However, the director shall not hold a referendum as a
result of the petition unless the petitioner shows by the weight of
evidence that this chapter has not tended to effectuate its declared
purposes.
(d) The director shall establish a referendum period, which shall
not be less than 10 days nor 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 referendum period, the
director shall tabulate the ballots filed during the period. If at
least 40 percent of the total number of producers and 40 percent of
the total number of vintners from the lists established by the
director participate in the referendum, the director shall suspend
this chapter if he or she finds either of the following has occurred:
(1) Sixty-five percent or more of the producers and vintners who
voted in the referendum, voted in favor of suspension; the producers
so voting marketed a majority of the total quantity of winegrapes
marketed in the preceding marketing season by all of the producers
who participated in the referendum; and the vintners so voting
acquired a majority of the total quantity of winegrapes acquired in
the preceding marketing season by all of the vintners who
participated in the referendum.
(2) A majority of the producers and vintners who voted in the
referendum voted in favor of suspension; the producers so voting
marketed 65 percent or more of the total quantity of winegrapes
marketed in the preceding marketing season by all of the producers
who voted in the referendum; and the vintners so voting acquired 65
percent or more of the total quantity of winegrapes acquired in the
preceding marketing season by all of the vintners who voted in the
referendum.

74194. (a) The director shall terminate the commission at the end
of the current marketing season if the director finds that
termination is requested in writing, within a 90-day period, by at
least 51 percent of the eligible producers that are directly affected
that market at least 51 percent of the volume of the product, and by
at least 51 percent of the eligible vintners that are directly
affected that acquire 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 the request is initiated. Any person may withdraw his or her
name from the petition requesting the termination prior to the time
the request is presented to the director.
(c) The signatures to the petition requesting termination need not
all be appended to one sheet of paper. Each person signing the
petition shall add his or her signature and business address. If no
business address is given, a designation of the place of business
shall be given which will enable the location to be readily
ascertained.
(d) The petition shall bear a copy of the notice of intention.
Signatures shall be secured within the time limit specified in this
section.

74195. After the effective date of suspension of this chapter, the
operations of the commission shall be concluded and any and all funds
remaining held by the commission and not required to defray the
expenses of concluding and terminating the commission shall be
returned on 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 the
pro rata refund to these persons, any funds shall be paid into an
appropriate program conducted by the University of California or the
California State University, another state agency, or a federal
agency which deals with the purposes of this chapter. If no program
exists, the funds shall be paid into the State Treasury as unclaimed
trust funds.

74196. Upon suspension of this chapter, the commission shall mail a
copy of the notice of suspension to all producers and vintners
affected by the suspension whose names and addresses are on file.