SECTIONS 76181-76185 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 76181-76185

76181. Except as otherwise specified in this article, the
commission shall cause a referendum to be conducted among producers
pursuant to Article 5 (commencing with Section 76111) every five
years following implementation of this chapter to determine whether
the operation of this chapter is reapproved and shall be continued in
effect. The vote shall be declared in favor of continuation if the
director determines from the referendum that a majority of the
eligible producers voting in the referendum voted to continue the
operation of this chapter. If the director finds that a favorable
vote has been given, he or she shall so certify and all provisions of
this chapter shall remain effective. If the director finds that a
favorable vote has not been given, he or she shall so certify and
declare the operation of the provisions of this chapter and the
commission suspended upon expiration of the marketing season ending
December 31, 1990. Thereupon, the operations of the commission shall
be concluded and funds distributed in the manner provided in Section
76184. No bond or security shall be required for any such referendum.

76182. If a referendum is conducted as the result of a petition
pursuant to Section 76183, it shall be conducted every fifth year
following the industry petitioned referendum.

76183. Upon a finding by a two-thirds vote of the commission that
the operation of this chapter has not tended to effectuate its
declared purposes, the commission may recommend to the director that
the operation of this chapter be suspended. No suspension shall
become effective until the expiration of the current marketing
season. The director shall, upon receipt of the recommendation, or
may, after a public hearing to review a petition filed with him or
her requesting the suspension, signed by 20 percent of the producers
by number who produced not less than 20 percent of the volume in the
immediately preceding season, cause a referendum to be conducted
among the producers to determine if the operation of this chapter
shall be suspended. However, the director shall not cause a
referendum to be conducted as a result of the petition unless the
petitioner shows by the weight of evidence that the operation of this
chapter has not tended to effectuate its declared purposes. The
director shall establish a referendum period, which shall not be less
than 10 nor more than 60 days in duration. The director may
prescribe any additional procedures that may be necessay to conduct
the referendum. At the close of the established referendum period,
the director shall tabluate the ballots filed during the period. If
at least 40 percent of the total number of producers from the list
established by the director participate in the referendum, the
director shall suspend the operation of this chapter, if he or she
finds either one of the following has occurred:
(a) 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 cherries marketed in the
preceding marketing seasons 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 suspension, and the producers so voting marketed 65
percent or more of the total quantity of cherries marketed in the
preceding season by all of the producers who voted in the referendum.

76183.5. (a) The director shall terminate the commission at the end
of the current marketing season if requested in writing, within a
90-day period, by at least 51 percent of the eligible producers who
are directly affected and who produce 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 director in a manner that establishes the
date a request is initiated. Any person may withdraw his or her name
for the petition requesting the termination prior to the time the
request is presented to the director. The signatures to the petition
requesting the termination need not all be appended to one sheet of
paper. Each person signing the petition shall add to his or her
signature his or her place of business, giving the street and number.
If no street and number exist, then a designation of the place of
business shall be given which will enable the location to be readily
ascertained.
(c) The petition shall bear a copy of the notice of intention.
Signatures shall be secured within the time limit specified in this
section.

76184. After the effective date of suspension of the operation of
this chapter, the operations of the commission shall be concluded and
any and all moneys remaining held by the commission, collected by
assessments and not required to defray the expenses of concluding and
terminating operations of the commission, shall be returned upon a
pro rata basis to all persons from whom assessments were collected in
the immediately preceding current 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 such moneys remaining and any moneys remaining
after payment of all expenses of winding up and terminating
operations shall be withdrawn from the approved depository and paid
into the University of California for continued research on cherries.

76185. Upon suspension of the operation of this chapter and of the
commission, the commission shall mail a copy of the notice of
suspension to all producers affected by the suspension whose names
and addresses are on file.