SECTIONS 74770-74779 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 74770-74779

74770. (a) Within 30 days of the effective date of this chapter,
the director shall establish a list of grape rootstock nurseries
eligible to vote on the implementation of this chapter. In
establishing the list, the director may require that all grape
rootstock nurseries submit the names and mailing addresses of all
grape rootstock nurseries. The director also may require that the
information provided include the quantity of grape rootstock produced
by each nursery or, in the alternative, may establish procedures for
receiving the information at the time of the referendum vote
specified in Section 74771. The request for the information shall be
in writing, and the requested information shall be filed within 10
days following receipt of the request.
(b) Any grape rootstock nursery whose name does not appear upon
the appropriate list may have his or her name placed on the list by
filing with the director a signed statement identifying himself or
herself as a nursery owner or representative of a nursery owner. The
absence of an owner's name from the list does not exempt the person
from paying assessments and does not invalidate any industry votes
conducted pursuant to this article.
(c) Proponents and opponents of the commission may contact
nurseries on the lists in a form and manner prescribed by the
director if all expenses associated with the contacts are paid in
advance.

74771. This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
director finds, in a referendum vote conducted by the director that
at least 40 percent of the total number of grape rootstock nurseries
from the list established by the director pursuant to this article
have participated and that either of the following has occurred:
(a) Sixty-five percent of the nurseries that voted in the
referendum voted in favor of this chapter, and the nurseries so
voting marketed a majority of the total quantity of grape rootstock
in the preceding marketing year by all of the nurseries that voted in
the referendum.
(b) A majority of the grape rootstock nurseries that voted in the
referendum voted in favor of this chapter, and the nurseries so
voting marketed 65 percent or more of the total quantity of grape
rootstock in the preceding marketing year by all of the nurseries
that voted in the referendum.

74772. The director shall use invoicable units or grape rootstock
acreage in calculating the volume voted pursuant to Section 74771.

74773. The director shall establish a period to conduct the
referendum which shall not be less than 10 days nor more than 60 days
in duration, and may prescribe additional procedures that may be
necessary to conduct the referendum. If the initial period
established is less than 60 days, the director may extend the period
to not more than 60 days.

74774. The failure of a grape rootstock nursery to receive a ballot
shall not invalidate a referendum.

74775. If the director finds that a favorable vote has been given
as provided in Section 74771, the director shall certify and give
notice of the favorable vote to all affected nurseries whose names
and addresses are on file with the director.

74776. If the director finds that a favorable vote has not been
given as provided in Section 74771, the director shall certify and
declare this chapter inoperative. The director may conduct another
implementation referendum vote one or more years after the previous
vote has been taken.

74777. Upon certification of the commission, the director shall
contact all grape rootstock nurseries by mail, or call meetings of
nurseries, for the purpose of nominating and electing persons to the
commission. All nurseries on the director's list shall be given
written notice of any election meetings at least 10 days prior to the
meeting date. To be eligible for election to the commission, nominee
nursery owners or nominee representatives of nursery owners shall
present to the director a nomination petition with the signatures of
at least three eligible grape rootstock nursery owners or
representatives.

74778. Subsequent to the first election of board members pursuant
to this chapter, persons to be elected to the commission shall be
selected pursuant to nomination and election procedures which are
established by the commission with the concurrence of the director.

74779. (a) Prior to the referendum vote conducted by the director
pursuant to Section 74771, the proponents of the commission shall
deposit with the director the amount that the director determines
necessary to defray the expenses of preparing the necessary lists and
information and conducting the referendum.
(b) Any funds not used in carrying out Section 74771 shall be
returned to the proponents of the commission who deposited the funds
with the director.
(c) Upon the establishment of the commission, the commission may
reimburse the proponents of the commission for any funds deposited
with the director that were used in carrying out Section 74771 and
for any legal expenses and other costs incurred in establishing the
commission.