SECTIONS 78000-78006 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 78000-78006

78000. From January 1, 1995, to December 30, 1995, inclusive, the
commission shall conduct a referendum among the producers to
determine whether the operations of this chapter shall be approved
and continued in effect. There is a favorable vote under this chapter
if the director determines from the referendum that a majority of
the eligible producers voting in the referendum voted in favor of
continuing the operations of this chapter. If the director finds that
a favorable vote has been given, the director shall so certify and
this chapter shall remain effective. If the director finds that a
favorable vote has not been given, the director shall so certify and
declare the operations of this chapter suspended on December 31,
1995. Thereupon, operation of the commission shall be concluded and
funds distributed in the manner provided in Section 78004. No bond or
security shall be required for any such referendum.

78001. Following a favorable referendum conducted prior to December
31, 1995, the commission shall conduct a referendum every fifth year
thereafter, unless a referendum is conducted as the result of a
petition filed pursuant to this article. In that case, the referendum
shall be held pursuant to procedures provided in Section 78000 every
fifth year following the industry petitioned referendum.

78002. (a) Upon a finding by a two-thirds 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
director 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 director 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 not less than 20 percent
of the producers by number who produced not less than 20 percent of
the gross dollar value of flowers 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
director 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 director shall establish a referendum period, which 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 director shall tabulate the ballots filed during the
period. The director shall suspend the operation of this chapter if
the director finds that at least 40 percent of the total number of
producers from the list established by the director have participated
in the referendum and either one of the following has occurred:
(1) Sixty-five precent 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 gross dollar value of flowers 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 marketed 65
percent or more of the total gross dollar value of flowers in the
preceding marketing year by all of the producers who voted in the
referendum.

78003. (a) The director 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 gross dollar value of
flowers.
(b) The person or persons originating the request shall file a
written notice with the director 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 director.
(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 the commission. Signatures shall be secured within the time
limit specified in this section.

78004. 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 may 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 pro rata
refund to these persons, any funds remaining after payment of all
expenses of winding up and terminating operations may be withdrawn
from the approved depository and paid into the Kee Kitayama Research
Foundation, or an appropriate program conducted by the University of
California or the California State University, another state agency,
or a federal agency that deals with the purposes of this chapter. If
no such program exists, the funds shall be paid into the State
Treasury as unclaimed trust funds.

78005. Upon suspension of the operation of this chapter, the
commission shall mail a copy of the notice of suspension to all
producers whose names and addresses are on file with the commission
and to the appropriate policy committees in both the Assembly and
Senate.

78006. Upon the suspension of the operation of this chapter, the
commission shall appoint a committee of cut flower producers to
oversee and manage the Kee Kitayama Research Foundation Account and,
notwithstanding Section 78004, the funds in that account shall not be
returned to the persons from whom collected.