SECTIONS 78690-78698 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 78690-78698

78690. (a) Within 15 days of the effective date of this chapter,
the secretary shall establish a list of producers and handlers
eligible to vote on implementation of this chapter. In establishing
the list, the secretary may require that producers and handlers
submit the names and mailing addresses of all producers and handlers.
The secretary also may require that the information provided include
the quantity of tomatoes produced by each producer and the quantity
of tomatoes handled by each handler, or, in the alternative, may
establish procedures for receiving the information at the time of the
referendum vote specified in Section 78691. The request for the
information shall be in writing and shall be filed within 10 days
following receipt of the request.
(b) Any producer whose name does not appear on 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 or handler. Failure to be on the list does not exempt the
person 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 those contacts are paid in
advance.

78691. This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
secretary finds the following in a referendum vote conducted by the
secretary:
(a) At least 40 percent of the total number of producers from the
list established by the secretary pursuant to this article
participate, and that either of the following occurs:
(1) Sixty-five percent of the producers who voted in the
referendum voted in favor of this chapter, and the producers so
voting sold a majority of the total quantity of tomatoes in the
preceding marketing season 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 sold 65 percent
or more of the total quantity of tomatoes in the preceding marketing
season by all of the producers who voted in the referendum.
(b) At least 40 percent of the total number of handlers from the
list established by the secretary pursuant to this article
participate and that either of the following occurs:
(1) Sixty-five percent 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 tomatoes in the preceding
marketing season 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 this chapter, and the handlers so voting handled 65
percent or more of the total quantity of tomatoes in the preceding
marketing season by all of the handlers who voted in the referendum.

78692. In finding whether the commission is approved pursuant to
this article, the vote of any nonprofit agricultural cooperative
marketing association that is authorized by its members to so vote,
shall be considered as being the approval or rejection by the
individual members of, or the individual stockholders in, the
nonprofit agricultural cooperative marketing association.

78693. The secretary shall establish a period in which to conduct
the referendum, which shall not be less than 10 days or more than 60
days in duration, and may prescribe additional procedures necessary
to conduct the referendum. If the initial period established is less
than 60 days, the secretary may extend the period. However, the total
referendum period may not exceed 60 days.

78694. Nonreceipt of a ballot by an eligible person shall not
invalidate a referendum.

78695. If the secretary finds that a favorable vote has been given
as provided in Section 78691, the secretary shall certify and give
notice of the favorable vote to all affected producers and handlers
whose names and addresses are on file with the secretary.

78696. If the secretary finds that a favorable vote has not been
given as provided in Section 78691, the secretary shall certify and
declare all provisions of this chapter inoperative. The secretary may
conduct other implementation referendum votes one year or more after
the previous vote has been taken.

78697. Upon certification of the commission, the members and
alternates of any entity operating pursuant to an existing state
marketing order affecting the same subject matter as this chapter
shall comprise the initial membership of the commission. Thereafter,
persons to be elected to the commission shall be selected pursuant to
nomination and election procedures established by the commission
with the concurrence of the secretary.

78698. (a) Prior to the referendum vote conducted by the secretary
pursuant to this article, the proponents of the commission shall
deposit with the secretary the amount that the secretary deems
necessary to defray the expenses of preparing the necessary lists and
information and conducting the vote.
(b) Any funds not used in carrying out Section 78690, shall be
returned to the proponents of the commission who deposited the funds
with the secretary.
(c) Upon 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.