SECTIONS 75111-75120 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 75111-75120

75111. (a) Within 90 days after the effective date of this chapter,
the director shall establish a list of handlers subject to the
provisions of this chapter and who are otherwise eligible to vote on
implementation of this chapter. In establishing this list, the
director may require handlers, county agricultural commissioners, and
others to submit the name and mailing address of, and the volume, if
known, handled by each handler. 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 handler, whose name does not appear upon the director's
list of handlers affected, may have his or her name included on the
list by filing with the director a signed statement identifying
himself or herself as a handler. Failure to be on this list does not
exempt the handler from paying assessments under this chapter.
(c) Additionally, the director may use other sources of
information necessary to secure that information to establish the
list.

75112. This chapter, except as necessary to conduct an
implementation referendum, does not become operative until the
director finds in a referendum conducted by him or her, or a person
designated by the director, that at least 40 percent of the total
number of handlers from the list established by the director pursuant
to Section 75111, participated, and that he or she finds either one
of the following:
(a) Sixty-five percent or more of the handlers who voted in the
referendum voted in favor of this chapter, and the handlers so voting
handled a majority of the volume of eggs and egg products in the
preceding season by all of the handlers who voted in the referendum.
(b) A majority of the handlers who voted in the referendum voted
in favor of this chapter, and the handlers so voting handled 65
percent or more of the volume of eggs and egg products in the
preceding season by all of the handlers who voted in the referendum.

75113. The director 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 as may be
necessary 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.

75114. Nonreceipt of a ballot does not invalidate a referendum.

75115. If the director finds that a favorable vote has been given
as provided in Section 75112, he or she shall certify and give notice
of the favorable vote, and that this chapter is operative, to all
handlers whose names and addresses are on the list of the director.

75116. If the director finds that a favorable vote has not been
given as provided in Section 75112, he or she shall so certify and
declare this chapter to be inoperative.

75117. (a) Upon certification of the commission, as provided in
Section 75115, the director shall, by mail ballot or by calling a
meeting of all handlers, conduct the nomination and election of
handlers to the commission.
(b) Handlers shall be given written notice of the meeting at least
15 days prior to the meeting date. Any handler doing business in
more than one district shall designate in a manner prescribed by the
commission, prior to any election, the district in which he or she
will vote.

75118. Subsequent to the first election of commissioners under this
chapter, persons to be elected to the commission shall be selected
pursuant to the nomination and election procedures established by the
commission with the concurrence of the director.

75119. (a) Prior to the implementation referendum conducted by the
director pursuant to Section 75112, 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 lists of
handlers and conducting the implementation referendum.
(b) Any funds left after paying those expenses shall be returned
to the proponents of the commission who deposited the funds with the
director.

75120. Upon creation of the commission, the commission is
authorized to reimburse the proponents of the commission for any
funds deposited with the director which were used in creating the
commission, including, but not limited to, preparing the necessary
lists of handlers and conducting the implementation referendum.