SECTIONS 77371-77376 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77371-77376

77371. Between May 1, 1993, and April 30, 1994, the commission
shall cause a referendum to be conducted among producers and handlers
to determine whether the operations of this chapter shall be
approved and continued in effect. A favorable vote under this chapter
shall be found if the secretary determines from the referendum that
a majority of the eligible producers and handlers voting in the
referendum voted in favor of continuing the operations of this
chapter. If the secretary finds that a favorable vote has been given,
the secretary shall so certify and this chapter shall remain
effective. If the secretary finds that a favorable vote has not been
given, the secretary shall so certify and declare the operations of
this chapter suspended upon expiration of the marketing season ending
April 30, 1994. Thereupon, the operation of the commission shall be
concluded and funds distributed in the manner provided in Section
77375. No bond or security shall be required for any such referendum.

77372. Following a favorable referendum conducted prior to April
30, 1994, a referendum shall be conducted by the commission every
fifth year thereafter unless a referendum is conducted as the result
of a petition pursuant to this article. In that case, the referendum
shall be every fifth year following the industry petitioned
referendum following the procedures provided in Section 77371.

77373. (a) Upon a finding by a two-thirds vote of the full
commission that the operation of this chapter has not tended to
effectuate its declared purposes, the commission may recommend to the
secretary that the operation of this chapter be suspended. However,
any suspension shall not become effective until the expiration of the
current marketing year.
(b) The secretary shall, upon receipt of the recommendation, or
may, after a public hearing to review a petition filed with the
director requesting a suspension signed by 20 percent of the
producers by number who produced not less than 20 percent of the
volume of peppers in the immediately preceding marketing year, and 20
percent of the handlers by number who handled not less than 20
percent of the volume of peppers in the immediately preceding
marketing year, hold a referendum among the producers and handlers to
determine if the operations of the commission shall be suspended.
However, the secretary 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.
(c) The secretary shall establish a referendum period, that 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 secretary shall tabulate the ballots filed during the
period. The secretary shall suspend operation of this chapter if the
director finds either one of the following has occurred:
(1) At least 40 percent of the total number of producers from the
list established by the director have participated in the referendum:
(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 peppers in the preceding
marketing year 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 peppers in the preceding
marketing year by all of the producers who voted in the referendum.
(2) At least 40 percent of the total number of handlers from the
list established by the director have participated in the referendum:
(A) Sixty-five percent or more of the handlers who voted in the
referendum voted in favor of suspension, and the handlers so voting
handled a majority of the total quantity of peppers in the preceding
marketing year by all of the handlers who voted in the referendum.
(B) A majority of the handlers who voted in the referendum voted
in favor of suspension, and the handlers so voting handled 65 percent
or more of the total quantity of peppers in the preceding marketing
year by all of the handlers who voted in the referendum.

77374. (a) The secretary shall terminate the commission at the end
of the then current marketing year if the director 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 peppers and at
least 51 percent of the eligible handlers that handle at least 51
percent of the total volume of peppers.
(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 to 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.

77375. After the effective date of suspension, 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 prorated
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 an appropriate program
does not exist, the funds shall be paid into the State Treasury as
unclaimed trust funds.

77376. Upon suspension of the operation of this chapter, the
commission shall mail a copy of the notice of suspension to all
persons affected by the suspension whose names and addresses are on
file.