SECTIONS 77191-77195 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77191-77195

77191. This chapter shall become inoperative at the end of any
marketing year in which targeted export assistance funds provided by
the federal government have been permanently terminated, unless a
referendum vote conducted among producers pursuant to the procedures
described in Section 77193 approves the continuation of the
commission. Funds are permanently terminated within the meaning of
the previous sentence when the federal government does not provide
targeted export assistance funds in two consecutive budget years.

77192. (a) Notwithstanding Section 77191, the secretary shall
terminate the commission at the end of the then current marketing
year in accordance with Sections 77194 and 77195 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 produce at least 51 percent of the total volume of
walnuts.
(b) 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.
(c) The signatures on the petition requesting the termination need
not all be appended to one sheet of paper. Each person signing the
petition shall specify his or her place of business in a manner that
will enable the location to be readily ascertained.
(d) The petition shall bear a copy of the notice of intention to
terminate. Signatures shall be secured within the time limit
specified in this section.

77193. (a) Every six years, beginning in the 1992-93 marketing
year, the secretary shall hold a hearing to determine whether
operation of this chapter should be continued. If the secretary finds
after the hearing that a substantial question exists among the
producers assessed under this chapter regarding whether operation of
this chapter should be continued, the secretary shall cause a
referendum vote to be conducted among producers. If a referendum is
required, the operation of this chapter shall continue if the
secretary finds that a majority of producers voting in the referendum
voted in favor of the continuation of this chapter, and those so
voting handled a majority of the total quantity of walnuts handled in
the preceding marketing years by all such producers voting in the
referendum.
(b) If the secretary finds that a favorable vote has been given,
the secretary shall so certify and this chapter shall remain in
operation. If the secretary finds that a favorable vote has not been
given, the secretary shall so certify and declare the operation of
this chapter suspended upon expiration of the then current marketing
year.

77194. 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 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, another
state agency, or a federal agency which deals with the purposes of
this chapter. If no program exists, the funds shall be paid into the
State Treasury as unclaimed trust funds.

77195. 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.