SECTIONS 78270-78278 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 78270-78278

78270. (a) Within 30 days of the effective date of this chapter,
the secretary shall establish a list of producers eligible to vote on
the implementation of this chapter. In establishing the list, the
secretary may require that handlers submit the names and mailing
addresses of all known producers. The secretary also may require that
the information provided include the quantity of asparagus produced
by each producer or, in the alternative, may establish procedures for
receiving the information at the time of the referendum vote
conducted pursuant to Section 78271. 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 producer whose name does not appear upon the appropriate
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
producer. The absence of a producer's name from the list does not
exempt the producer from paying assessments and does not invalidate
any industry votes conducted pursuant to this article.
(c) Proponents and opponents of the commission may contact
producers on the lists in a form and manner prescribed by the
secretary if all expenses associated with the contacts are paid in
advance.

78271. (a) 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 producers from the
list established by the secretary pursuant to this article have
participated and that either of the following has occurred:
(1) Sixty-five percent of the producers who voted in the
referendum voted in favor of this chapter, and the producers so
voting marketed a majority of the total quantity of asparagus 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 this chapter, and the producers so voting marketed 65
percent or more of the total quantity of asparagus in the preceding
marketing year by all of the producers who voted in the referendum.
(b) The secretary shall use fresh weight in calculating the
quantity of asparagus for purposes of the voting in subdivision (a).

78272. The secretary shall establish a period to conduct the
referendum that shall not be less than 10 days nor more than 60 days
in duration, and may prescribe additional procedures that may be
necessary to conduct the referendum. If the initial period
established is less than 60 days, the secretary may extend the period
to not more than 60 days.

78273. The failure of a producer to receive a ballot shall not
invalidate a referendum.

78274. If the secretary finds that a favorable vote has been given
as provided in Section 78271, the secretary shall certify and give
notice of the favorable vote to all producers whose names and
addresses are on file with the secretary.

78275. If the secretary finds that a favorable vote has not been
given as provided in Section 78271, 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 has been taken.

78276. Upon certification of the commission, the secretary shall
contact all producers in each district by mail, or call meetings of
producers in each district, for the purpose of nominating and
electing persons to the commission. All producers on the secretary's
list shall be given written notice of any election meetings at least
10 days prior to the meeting date. To be eligible for election to the
commission, producer nominees shall present to the secretary a
nomination petition with the signatures of at least three eligible
producers from the district from which the nominee is seeking
election.

78277. Subsequent to the first election of members of the
commission pursuant to this chapter, persons to be elected to the
commission shall be selected pursuant to nomination and election
procedures that are adopted by the commission with the concurrence of
the secretary.

78277.5. Subsequent to the initial implementation referendum vote
and the first election of commissioners, the commission shall
establish procedures for the purpose of providing persons subject to
this chapter with access to producers on the commission's list of
producers for purposes related to an election or referendum or an act
or determination of the commission. Access to producers shall not
include actual release or disclosure of the commission's confidential
list of producers.

78278. (a) Prior to the secretary holding the referendum pursuant
to Section 78271, the proponents of the commission shall deposit with
the secretary the amount 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 Section 78271 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 Section 78271 and
for any legal expenses and other costs incurred in establishing the
commission.