SECTIONS 77661-77666 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77661-77666

77661. Beginning in 2001, and every ten years thereafter, 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 submit the chapter
for approval utilizing the voting procedures provided in Sections
77602 to 77604, inclusive.
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
season.

77662. If a referendum is conducted as the result of a petition
pursuant to Section 77663, the hearing pursuant to Section 77661
shall be conducted every 10th year following the industry petitioned
referendum.

77663. (a) 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 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
secretary requesting a suspension signed by not less than 20 percent
of the producers who sold or acquired not less than 20 percent of the
total volume of timber in the immediately preceding marketing year,
hold a referendum among the producers 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 a preponderance of the evidence, in a manner
prescribed by the secretary, 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 or more than 60 days. The secretary 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. If at
least 40 percent of the total number of producers from the list
established by the secretary participate in the referendum, the
secretary shall suspend the operation of this chapter if the
secretary finds either one of the following has occurred:
(1) Sixty-five percent or more of the producers who voted in the
referendum voted in favor of suspension, and the producers so voting
sold or acquired a majority of the total volume of timber in the
preceding marketing year by all of the producers who voted in the
referendum.
(2) A majority of the producers who voted in the referendum voted
in favor of suspension, and the producers so voting sold or acquired
65 percent or more of the total volume of timber in the preceding
marketing year by all of the producers who voted in the referendum.

77664. (a) The secretary shall terminate the commission at the end
of the then 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
sold or acquired at least 51 percent of the total volume of timber.
(b) The producer 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 producer 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 the commission. Signatures shall be secured within the time
limit specified in this section.

77665. After the effective date of suspension, the operation of the
commission shall be concluded and the 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 producers 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 producers, the remaining funds shall be withdrawn from the
approved depository and paid to 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 such program exists, the funds shall
be paid to the State Treasury as unclaimed trust funds.

77666. 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.