SECTIONS 74991-74996 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 74991-74996

74991. During the fifth year of operation of the commission, the
commission shall cause a referendum to be conducted among producers
to determine whether the commission shall be reapproved and continued
to operate. A favorable vote shall be found if the secretary
determines from the referendum that a majority of the eligible
producers who voted in the referendum voted in favor of continuing
the operations. If the secretary finds that a favorable vote has been
given, he or she shall so certify that result. If the secretary
finds that a favorable vote has not been given, the secretary shall
so certify and declare the operations of the commission suspended
upon expiration of the marketing season. No bond or security shall be
required for any referendum.

74992. Following an initial favorable referendum , 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.

74993. (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 secretary that this chapter be
suspended. However, any suspension shall not become effective until
the expiration of the current marketing season.
(b) Alternatively, the secretary may be petitioned to suspend this
chapter. The petition shall 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. The
secretary shall hold a hearing on the petition after receiving it.
(c) The secretary 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 producers to determine if the commission shall be suspended.
However, the secretary 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 secretary shall establish a referendum period, which shall
not be less than 10 days or more than 60 days in duration. The
secretary may prescribe additional procedures as may be necessary to
conduct the referendum. At the close of the referendum period, the
secretary shall tabulate the ballots filed during the period. If at
least 40 percent of the total number of producers from the lists
established by the secretary participate in the referendum, the
secretary shall suspend this chapter if he or she finds either of the
following has occurred:
(1) Sixty-five percent or more of the producers who voted in the
referendum, voted in favor of suspension; and 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.
(2) A majority of the producers who voted in the referendum voted
in favor of suspension; and 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.

74994. (a) The secretary shall terminate the commission at the end
of the current marketing season if the secretary 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.
(b) The person or persons originating the request shall file a
written notice with the secretary 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 secretary.
(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 that 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.

74995. 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.

74996. 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.