SECTIONS 76381-76384 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 76381-76384

76381. (a) Every five years, commencing with the 2004-05 marketing
year, the secretary shall hold a hearing to determine whether the
operation of this chapter shall be continued in effect. If the
secretary finds, following the hearing, that a substantial question
exists among producers assessed under this chapter as to whether the
operation of this chapter shall be continued in effect, the secretary
shall conduct a referendum vote among producers to determine whether
the operation of this chapter shall be approved and continued in
effect. A favorable vote under this section shall be found if the
secretary determines from the referendum that a majority of the
eligible producers voting in the referendum voted in favor of
continuing the operations of this chapter.
(b) If the secretary finds, following the referendum vote, that a
favorable vote has been given as provided in subdivision (a), the
secretary shall so certify and this chapter shall remain in
operation. If the secretary finds that a favorable vote has not been
given as provided in subdivision (a), the secretary shall so certify
and declare the operation of this chapter and the commission
suspended upon expiration of the then current marketing year. At that
time, the operations of the commission shall be concluded and funds
distributed in the manner provided in Section 76383.

76382. If a petition is filed as provided in Section 76382.5, the
secretary shall hold a hearing pursuant to Section 76381 prior to
conducting the referendum authorized by Section 76382.5.

76382.5. 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. However, any suspension
shall not 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 a suspension and signed by 20
percent of the producers by number who produced not less than 20
percent of the volume of wool in the immediately preceding season,
hold a referendum among the producers to determine if the operations
of the commission shall be suspended. However, the director shall not
hold a referendum 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
days nor more than 60 days in duration. The director may prescribe
additional procedures as may be necessary to conduct the referendum.
At the close of the established referendum period, the director shall
tabulate 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 occured:
(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 50 percent or more of the total quantity of wool marketed
in the preceding marketing 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 suspension, and the producers so voting marketed 65
percent or more of the total quantity of wool marketed in the
preceding marketing season by all of the producers who voted in the
referendum.

76382.6. The secretary shall terminate the commission at the end of
the current marketing year if the secretary finds that the
termination of the commission is requested in writing, within a
90-day period, by at least 51 percent of the eligible producers that
are directly affected that produce at least 51 percent of the volume
of the product.
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.
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 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.
The petition shall bear a copy of the notice of intention.
Signatures shall be secured within the time limit specified in this
section.

76383. After the effective date of suspension of the operation of
this chapter, the operation of the commission shall be concluded and
any and all funds remaining held by the commission, collected by
assessment 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 marketing year. However, if the commission
finds that the amounts so returnable are so small as to make
impractical the computation and remitting of the prorate refund to
these persons, any funds remaining after payment of all expenses of
winding up and terminating operations shall be withdrawn from the
approved depository and paid into an appropriate program conducted by
the University of California or the California State University
system, another state agency, or a federal agency that deals with the
purposes of this chapter. If no program exists, the funds shall be
paid into the State Treasury as unclaimed trust funds.

76384. Upon suspension of the operation of this chapter, 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.