SECTIONS 76111-76120 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 76111-76120

76111. (a) Within 90 days after a request by the proponents of the
commission, or as soon thereafter as possible, the director shall
establish a list of producers eligible to vote on implementation of
this chapter. In establishing the list, the director may require that
processors, shippers, county agricultural commissioners, cherry
producers and others, submit the names and mailing addresses of all
producers. The director may also require that the information
provided include the quantity of cherries marketed by producers and
their district members or, in the alternative, may establish
procedures for receiving the information at the time of the vote
specified in Section 76112. The request for the information shall be
in writing. The information shall be filed within 30 days following
receipt of the written notice.
(b) Any producer whose name does not appear upon the director's
list may have his or her name established on the list by filing with
the director a signed statement, identifying himself or herself as a
producer. Failure to be on the list does not exempt the producer from
paying assessments.

76112. This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
director finds, in a referendum conducted by the director, that at
least 40 percent of the total number of producers from the list
established by the director pursuant to this article participated and
that either of the following occurred.
(a) Sixty-five percent or more of the producers who voted in the
referendum voted in favor of the provisions of this chapter, and the
producers so voting marketed a majority of the total quantity of
cherries in the preceding season by all of the producers who voted in
the referendum.
(b) A majority of the producers who voted in the referendum voted
in favor of the provisions of this chapter, and the producers so
voting marketed 65 percent or more of the total quantity of cherries
in the preceding season by all of the producers who voted in the
referendum.

76113. (a) The director shall establish a period in which to
conduct the referendum which shall not be less than 10 days nor more
than 60 days in duration, and may prescribe additional procedures as
may be necessary to conduct the referendum.
(b) 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.

76114. Nonreceipt of a ballot shall not invalidate a referendum.

76115. If the director finds that a favorable vote has been given
as provided in this article, he or she shall certify and declare this
chapter operative and give notice of the favorable vote to all
producers whose names and addresses are on file with the director.

76116. If the director finds that a favorable vote has not been
given as provided in this article, he or she shall so certify and
declare that this chapter is not operative. The director may conduct
another implementation referendum vote one year or more after the
previous vote has been taken.

76117. Upon certification of the commission, the director shall
contact, by mail, every producer and grower-handler in each district
and every shipper or shall call meetings of producers and
grower-handlers in each district for the purpose of nominating and
electing persons for appointment to the commission . All producers,
grower-handlers, and shippers on the director's list shall be given
written notice of any meeting at least 15 days prior to the meeting
date.

76118. To be eligible for election to the commission, producer,
grower-handler, and shipper nominees must present to the director a
nomination petition with signatures of at least six eligible
producers, grower-handlers, or shippers from the district from which
the nominee is seeking election.

76119. 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 the nomination and election
procedures established by the commission with the concurrence of the
director.

76120. (a) Prior to the referendum vote conducted by the director
pursuant to this article, the proponents of the commission shall
deposit with the director any amounts that the director may deem
necessary to defray the expenses of preparing the necessary lists and
information and conducting the vote. Any funds not used in carrying
out the provisions of this article shall be returned to the
proponents of the commission who deposited the funds with the
director.
(b) Upon establishment 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 carrying out the
provisions of this article, and for any legal expenses and costs
incurred in establishing the commission.