SECTIONS 77121-77131 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77121-77131

77121. (a) The secretary shall establish a list of producers
eligible to vote on implementation of this chapter. In establishing
the list, the secretary shall require that handlers, producers, and
others submit the names and mailing addresses of all producers. The
secretary also may require that the information provided include the
quantity of walnuts produced by each producer or, in the alternative,
may establish procedures for receiving the information at the time
of the referendum vote specified in Section 77123. The request for
the information shall be in writing. The information shall be filed
within 30 days following receipt of the written request.
(b) Any producer whose name does not appear on the secretary's
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
producer. Failure to be on the list does not exempt the producer from
paying assessments.
(c) Proponents and opponents of the commission may contact
producers on the list in a form and manner prescribed by the
secretary so long as all expenses associated with the contacts are
paid in advance.

77123. 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 participate,
and that a majority of the producers voting in the referendum voted
in favor of this chapter, and the producers so voting handled a
majority of the total quantity of walnuts handled in the preceding
marketing year by all those producers who voted in the referendum.

77124. The secretary shall establish a period in which to conduct
the referendum that shall not be less than 10 days or more than 60
days in duration and may prescribe additional procedures necessary to
conduct the referendum. If the initial period established is less
than 60 days, the secretary may extend the period; however, the total
referendum period may not exceed 60 days.

77125. Nonreceipt of a ballot shall not invalidate a referendum.

77126. If the secretary finds that a favorable vote has been given
as provided in Section 77123, the secretary shall so certify and give
notice of the favorable vote to all affected producers whose names
and addresses are on file with the secretary.

77127. If the secretary finds that a favorable vote has not been
given as provided in Section 77123, the secretary shall so certify
and declare this chapter inoperative. The secretary may conduct
another implementation referendum vote one year or more after the
previous vote has been taken.

77130. 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 which shall be established by the commission with the
concurrence of the secretary.

77130.5. Subsequent to the initial implementation referendum vote
and the first election of commissioners, the commission shall
establish procedures for the purpose of providing persons subject to
this chapter with access to producers on the commission's list of
producers for purposes related to an election or referendum or an act
or determination of the commission. Access to producers shall not
include actual release or disclosure of the commission's confidential
list of producers.

77131. (a) Prior to the referendum vote conducted by the secretary
pursuant to Section 77123, the proponents of the commission shall
deposit with the secretary the amount that the secretary deems
necessary to defray the expenses of preparing the necessary lists and
information and conducting the vote.
(b) Any funds not used in carrying out Section 77123 shall be
returned to the proponents of the commission who deposited the funds
with the secretary.
(c) Upon 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 Section 77123 and
for any legal expenses and costs incurred in establishing the
commission.