SECTIONS 77811-77818 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77811-77818

77811. (a) Within 15 days of the effective date of this section,
the secretary shall establish a list of handlers eligible to vote on
implementation of this chapter. In establishing the list, the
secretary may require that producers, handlers, manufacturers, county
agricultural commissioners, and others submit the names and mailing
addresses of all known handlers. The secretary may also require that
the information provided include the quantity of dates handled by
handlers or, in the alternative, may establish procedures for
receiving the information at the time of the vote specified in
Section 77812. The request for the information shall be in writing,
and the requested information shall be filed within 10 days following
receipt of the request.
(b) Any handler whose name does not appear on the 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 handler. The
absence of a handler's name from the list does not exempt the handler
from paying assessments and does not invalidate any industry votes
conducted pursuant to this article.
(c) Proponents and opponents of the commission may contact
handlers on the lists in a form and manner prescribed by the
secretary if all expenses associated with those contacts are paid in
advance.

77812. 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 handlers from the
list established by the secretary pursuant to this article have
participated and that either of the following has occurred:
(a) Sixty-five percent or more of the handlers who voted in the
referendum voted in favor of this chapter, and the handlers so voting
handled a majority of the total quantity of dates in the preceding
season 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 this chapter, and the handlers so voting handled 65
percent or more of the total quantity of dates in the preceding
marketing year by all of the handlers who voted in the referendum.

77813. (a) The secretary shall establish a period to conduct the
referendum that shall not be less than 10 days or more than 60 days
in duration, and may prescribe additional procedures that may be
necessary to conduct the referendum.
(b) If the initial period established is less than 60 days, the
secretary may extend the period to not more than 60 days.

77814. The failure of a handler to receive a ballot shall not
invalidate a referendum.

77815. If the secretary finds that a favorable vote has been given
as provided in this article, the secretary shall certify and declare
this chapter operative and give notice of the favorable vote to all
handlers whose names and addresses are on file with the secretary.

77816. If the secretary finds that a favorable vote has not been
given as provided in this article, the secretary shall certify and
declare this chapter inoperative. The secretary may conduct another
implementation referendum vote one or more years after the previous
vote was taken.

77817. Upon certification of the commission, the eligible handler
members and alternates of any body operating pursuant to an existing
federal marketing order for dates comprise the initial membership of
the commission. Thereafter, persons to be elected to the commission
shall be selected pursuant to nomination and elections procedures
that are established by the commission with the concurrence of the
secretary. For purposes of elections, the vote of each handler shall
be weighted by the pounds of dates handled during the immediately
preceding marketing year.

77818. (a) Prior to the secretary holding the referendum pursuant
to this article, the proponents of the commission shall deposit with
the secretary any amounts that the secretary determines necessary to
defray the expenses of preparing the necessary lists and information
and conducting the referendum.
(b) Any funds not used in carrying out this article shall be
returned to the proponents of the commission who deposited the funds
with the secretary.
(c) Upon the 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 this article, and
for any legal expenses and costs incurred in establishing the
commission.