SECTIONS 77461-77468 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77461-77468

77461. Within 90 days after the effective date of this chapter, the
director shall establish a list of producers, processors, and
shippers eligible to vote on the implementation of this chapter. In
establishing the list, the director shall require that processors and
shippers of strawberries in California submit the names, mailing
addresses, and the volume of strawberries received during the
preceding marketing season from each producer of strawberries in
California. The request for the information shall be in writing. The
information shall be filed within 30 days following receipt of the
written request for information.
Any producer, processor, or shipper of strawberries, whose name
does not appear upon the director's list may have his or her name
placed on the list by filing with the director a signed statement,
identifying himself or herself as a producer, processor, or shipper.
Failure to be on the list does not exempt the producer, processor, or
shipper from paying assessments under this chapter.

77462. This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
director finds in a referendum conducted by the director that at
least 40 percent of the total number of producers, processors, and
shippers from the list established by the director pursuant to this
article participate, and that either of the following occurs:
(a) Sixty-five percent or more of the producers, processors, and
shippers who voted in the referendum voted in favor of this chapter,
and the producers, processors, and shippers so voting each marketed a
majority of the total quantity of strawberries in the preceding
season by all producers, processors, and shippers who voted in the
referendum.
(b) A majority of each of the producers, processors, and shippers
who voted in the referendum voted in favor of this chapter, and the
producers, processors, and shippers so voting marketed 65 percent or
more of the total quantity of strawberries in the preceding season by
all producers, processors, or shippers who voted in the referendum.

77463. The director shall establish a period in which to conduct
the referendum which 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 director may extend the period. However, the total
referendum period may not exceed 60 days.

77464. Nonreceipt of a ballot shall not invalidate a referendum.

77464.5. In finding whether the commission is approved pursuant to
this article, the vote of any nonprofit agricultural cooperative
marketing association that is authorized by its members to so vote,
shall be considered as being the approval or rejection by the
individual members of, or the individual stockholders in, the
nonprofit agricultural cooperative marketing association.

77465. If the director finds that a favorable vote has been given
as provided in Section 77462, he or she shall so certify and give
notice of the vote to all producers, processors, and shippers whose
names and addresses are on file with the director.

77466. If the director finds that a favorable vote has not been
given as provided in this article, he or she shall so certify and
declare this chapter inoperative. The director may conduct another
implementation referendum vote one or more years after the previous
vote has been taken.

77467. Upon certification of the commission, the members and
alternates of anybody operating pursuant to an existing state
marketing order affecting the same subject matter of this chapter
shall comprise the initial membership of the commission. Thereafter,
persons to be elected to the commission shall be selected pursuant to
nomination and election procedures established by the commission
with the concurrence of the director.

77468. Prior to the referendum vote conducted by the director
pursuant to this article, the proponents of the commission shall
deposit with the director an amount of funds determined necessary by
the director to defray the expenses of preparing the necessary lists
and information and conducting the vote. Any funds not used for this
purpose shall be returned to the proponents of the commission who
deposited the funds with the director. Upon establishment of the
commission, the commission may reimburse the proponents of the
commission for any funds deposited with the director and for any
legal expenses and costs incurred in establishing the commission.