SECTIONS 78300-78305 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 78300-78305

78300. 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 secretary 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 secretary finds
that a favorable vote has been given, the secretary shall so certify
and this chapter shall remain effective. If the secretary finds that
a favorable vote has not been given, the secretary 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 78304. No bond or
security shall be required for this referendum.

78301. 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 78300 every
fifth year following the industry petitioned referendum.

78302. (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
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 by number who produced not less than 20 percent of
the volume of asparagus 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 evidence, 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 nor more than 60 days in duration. The
secretary may prescribe additional procedures 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
producers 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 producers who voted in the
referendum voted in favor of suspension, 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 suspension, 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.

78303. (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
produce at least 51 percent of the total quantity of asparagus.
(b) The person or persons 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 on 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.

78304. 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 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 shall be withdrawn
from the approved depository and paid into 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 into the State Treasury as unclaimed trust funds.

78305. 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.