SECTIONS 75611-75619 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 75611-75619

75611. (a) Within 90 days of the effective date of the amendments
made to this section during the 1994 portion of the 1993-94 Regular
Session of the Legislature, the secretary shall establish a list of
producers eligible to vote. In establishing the list, the secretary
may require that producers, handlers, and agricultural commissioners
submit the names and mailing addresses of all known producers who are
subject to this chapter. The secretary also may require that the
information provided include the quantity of apples produced by each
producer or, in the alternative, may establish procedures for
receiving the information at the time of the referendum vote
specified in this article. The request for the information shall be
in writing, and the requested information shall be filed within 30
days following receipt of the request.
(b) Any person whose name does not appear upon the appropriate
list may have his or her name placed on the list by filing with the
secretary a signed statement identifying himself or herself as a
person eligible to vote. The absence of a person's name from the list
shall not exempt the person from paying assessments and shall not
invalidate any industry votes conducted pursuant to this article.
(c) Proponents and opponents of the commission may contact
producers on the lists in a form and manner prescribed by the
commission as long as all expenses associated with the contacts are
paid in advance.

75612. This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
secretary finds, in a referendum vote conducted by the secretary,
that at least 40 percent of the total number of producers from the
list established by the secretary pursuant to this article have
participated and that either one of the following has occurred:
(a) Sixty-five percent of the eligible producers who voted in the
referendum voted in favor of this chapter, and the eligible producers
so voting produced and marketed a majority of the total quantity of
apples in the current marketing year by all of the eligible producers
who voted in the referendum.
(b) A majority of the eligible producers who voted in the
referendum voted in favor of this chapter, and the eligible producers
so voting produced and marketed 65 percent or more of the total
quantity of apples in the current marketing year by all of the
eligible producers who voted in the referendum.

75613. The secretary shall establish a period to conduct the
referendum that shall not be less than 10 days or 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 secretary may extend the period
to not more than 60 days.

75614. The failure of an eligible producer to receive a ballot
shall not invalidate a referendum.

75615. If the secretary finds that a favorable vote has been given
as provided in this article, the secretary shall certify and give
notice of the favorable vote to all persons whose names and addresses
are on file with the secretary.

75616. If the secretary finds that a favorable vote has not been
given as provided in this article, the secretary shall certify and
declare this chapter inoperative. The secretary may conduct another
implementation referendum vote one or more years after the previous
vote has been taken.

75617. Upon certification of the commission, the secretary shall
appoint the producer and handler members of the initial commission's
board of directors from a list of eligible persons submitted to the
secretary, or shall contact all eligible producers and handlers in
each district by mail, or shall call meetings in each district for
the purpose of nominating and electing persons to the commission. To
be eligible for election, nominees, who may be producers or handlers,
shall present to the secretary a nomination petition with the
signatures of at least five eligible persons from the district from
which the nominee is seeking election. Eligible persons may be
nominated and elected from any district in which they produce or
handle apples. Only eligible producers may vote for nominees, and
each eligible producer may cast one vote in each district in which he
or she produces apples. The volume of apples marketed by eligible
producers who vote shall not be considered when tabulating the votes
to elect members and alternate members to the commission.

75618. Subsequent to the first election of members of the
commission pursuant to this chapter, persons to be elected to the
commission shall be selected pursuant to nomination and election
procedures that are adopted by the commission with the concurrence of
the secretary.

75619. (a) Prior to the secretary holding the referendum pursuant
to this article, the proponents of the commission shall deposit with
the secretary the amount that the secretary 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 this article shall be
returned to the proponents of the commission who deposited the funds
with the secretary.
(c) Upon the establishment of the commission, 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 other costs incurred in establishing the
commission.