SECTIONS 74921-74929 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 74921-74929

74921. This chapter, except as necessary to conduct an
implementation referendum, shall not become operative until the
secretary finds, in a referendum conducted by him or her, or a person
designated by the secretary, that a favorable vote has been given
pursuant to this article.

74922. (a) Upon receipt of a petition that the secretary determines
is acceptable, the secretary shall establish a list of producers who
are eligible to vote to establish the commission. In establishing
the list, the secretary may require producers, vintners, county
agricultural commissioners, and others to submit the names and
mailing addresses of all producers. The secretary 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
secretary shall be filed within 30 days following receipt of the
written notice.
(b) Any producer whose name does not appear on the secretary's
list may have his or her name included on the list by filing with the
secretary a signed statement identifying himself or herself as a
producer. Failure to be on the list does not exempt any producer from
paying assessments under this chapter.

74922.1. (a) Upon petition of at least three producers from any one
producer region of this state, the secretary shall establish a list
of producers who are eligible to vote in a referendum to establish a
local commission in that producer region. In establishing the list,
the secretary may require the producers signing the petition and
producers, vintners, county agricultural commissioners, and others to
submit the names and mailing addresses of all producers in that
producer region. The secretary also may require that the information
provided include the quantity of winegrapes sold to vintners and the
quantity of winegrapes processed by vintners from that producer
region and the names and addresses of the 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 secretary shall be
filed within 30 days following receipt of the written notice.
(b) Any producer whose name does not appear on the secretary's
list may have his or her name included on the appropriate list by
filing with the secretary a signed statement identifying himself or
herself as a producer of a given producer region. Failure to be on
the appropriate list does not exempt any producer from paying
assessments under this chapter.
(c) Notwithstanding any other provision of this chapter, the
petition may designate producers exempt from this chapter, but no
producer shall be exempt who has produced and marketed more than 25
tons of winegrapes in the preceding marketing season.

74922.5. For the purpose of voting in the referendum required in
Section 74921, only a person who would be required to pay the
assessment as a producer pursuant to Section 74952.5 shall be
considered a producer.

74923. In determining whether this chapter is applicable to
growers, the secretary shall find that at least 40 percent of the
total number of growers from the list established by the secretary
participated in the referendum, and that either one of the following
has occurred:
(a) Sixty-five percent or more of the growers who voted in the
referendum voted in favor of this chapter, and the growers 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 growers who voted in the referendum voted in
favor of this chapter, and the growers 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.

74923.1. In determining whether this chapter is applicable to
growers in a producer region, the secretary shall find that at least
40 percent of the total number of growers from the list established
by the secretary for the producer region participated in the
referendum, and that either one of the following has occurred:
(a) Sixty-five percent or more of the growers in the producer
region who voted in the referendum voted in favor of the local
commission, and the growers so voting marketed a majority of the
volume of winegrapes in the producer region 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 growers in the producer region who voted in
the referendum voted in favor of the local commission, and the
growers so voting marketed 65 percent or more of the volume of
winegrapes in the producer region 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.

74924. The secretary 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 to conduct
the referendum. If the initial period established is less than 60
days, the secretary may extend the period. However, the total
referendum period may not exceed 60 days.

74925. Nonreceipt of a ballot shall not invalidate a referendum.

74926. If the secretary finds that a favorable vote has not been
given to the establishment of the commission as provided in this
chapter, the secretary shall so certify and declare that result. If
the secretary finds that a favorable vote has been given as provided
in this chapter, he or she shall so certify and give notice of the
favorable vote to all producers and vintners whose names and
addresses may be on file with the secretary.

74926.1. If the secretary finds that a favorable vote has not been
given to the establishment of any local commission as provided in
this chapter, the secretary shall so certify and declare that result.
If the secretary finds that a favorable vote has been given, the
secretary shall so certify and give notice of the favorable vote to
all producers whose names and addresses may be on file with the
secretary. If this chapter is certified as establishing the
commission, any local commission shall be abolished unless its
producers vote by referendum pursuant to Section 74923.1 in favor of
that local commission remaining in operation.

74927. The petition to establish the commission shall name the
persons designated to serve as producer members and their alternate
members in the event the commission is approved by referendum. Upon
the certification of the establishment of the commission, the
producer members and their alternates named in the petition shall
become the initial members and alternate members of the commission.

74927.1. The petition to establish a local commission shall name
the persons designated to serve as producer members and their
alternate members, if any, in the event that local commission is
approved by referendum. Upon certification of the establishment of a
local commission, the producer members and their alternates named in
the petition shall become the initial members and alternate members
of the local commission.

74928. Subsequent to the action taken pursuant to Section 74927,
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
secretary.

74928.1. Subsequent to the action taken pursuant to Section
74927.1, persons to be elected to a local commission shall be
selected pursuant to the nomination and election procedures
established by the local commission with the concurrence of the
secretary.

74929. (a) Prior to the implementation referendum conducted by the
secretary, the proponents of the commission shall deposit with the
secretary the amount that the secretary 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
secretary.
(c) The commission may reimburse the proponents of the commission
for any funds deposited with the secretary that were used in carrying
out this article and for any legal expenses and costs incurred in
establishing the commission.