SECTIONS 77881-77885 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77881-77885

77881. (a) Every six years, beginning in the 2001-02 marketing
year, the secretary shall hold a hearing to determine whether the
operation of this chapter should be continued. If the secretary finds
after the hearing that a substantial question exists among handlers
assessed under this chapter regarding whether the operation of this
chapter should be continued, the secretary shall submit the chapter
for approval utilizing the voting procedures provided in Sections
77812 to 77814, inclusive.
(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 and the commission suspended upon expiration of the then
current marketing year. Thereupon, the operations of the commission
shall be concluded and funds distributed in the manner provided in
Section 77885.

77882. If a referendum is conducted as the result of a petition
pursuant to Section 77883, the hearing pursuant to Section 77881
shall be conducted every sixth year following the industry petitioned
referendum.

77883. (a) Upon a finding by a 2/3 vote of the membership 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 handlers by number who handled not less than 20 percent of the
volume in the immediately preceding marketing year, hold a
referendum among the 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 a preponderance of evidence, that the operation of this chapter
has not tended to effectuate its declared purposes.
(c) The secretary shall establish a referendum period, which shall
not be less than 10 days or more than 60 days in duration. 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. The secretary shall suspend the operation of this chapter if
the secretary finds that at least 40 percent of the total number of
handlers from the list established by the secretary have participated
in the referendum and either one of the following has occurred:
(1) 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 dates handled in the
preceding marketing year by all of the handlers who voted in the
referendum.
(2) 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 dates handled in the preceding
marketing year by all of the handlers who voted in the referendum.
(d) If a referendum is conducted as the result of a petition
pursuant to subdivision (b), the costs to conduct the referendum
shall be paid by the petitioners.

77884. 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 on 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 pro rata
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 to the University of California
for continued research on dates. If no such program exists, the
funds shall be paid into the State Treasury as unclaimed trust funds.

77885. Upon suspension of the operation of this chapter, the
commission shall mail a copy of the notice of suspension to all
handlers whose names and addresses are on file with the commission
and to the appropriate policy committees in both the Assembly and
Senate.