SECTIONS 78901-78909 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 78901-78909

78901. (a) Within 90 days of the effective date of this chapter,
the secretary shall establish a list of producers and vintners in
Mendocino County eligible to vote on implementation of this chapter.
In establishing the list, the secretary may require that all
producers and vintners in Mendocino County submit their names and
mailing addresses.
(b) The secretary may also require that the information provided
include the quantity of winegrapes, wine, or winegrape products
produced by each producer and vintner or, in the alternative, may
establish procedures for receiving the information at the time of the
referendum vote specified in Section 78903. The request for
information shall be in writing and shall be submitted to the
secretary within 10 days following the receipt of the request.
(c) Any producer or vintner in Mendocino County 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 vintner. 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 chapter.
(d) Proponents and opponents of the commission may contact
producers and vintners on the lists in a form and manner prescribed
by the secretary if all expenses associated with those contacts are
paid in advance.

78903. In determining whether this chapter is approved by
producers, the secretary shall find both of the following:
(a) That at least 40 percent of the total number of producers from
the list established by the secretary participated in the
referendum, and that 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 this chapter, and the producers so
voting market a majority of the volume of winegrapes in the preceding
market season, or in the current marketing season if the harvest is
completed prior to the vote, by all 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 volume of winegrapes in the preceding
marketing season, or in the current marketing season if the harvest
is completed prior to the vote, by all the producers who voted in the
referendum.
(b) That at least 40 percent of the total number of vintners from
the list established by the secretary participated in the
referendum, and that either one of the following has occurred:
(1) Sixty-five percent or more of the vintners who voted in the
referendum voted in favor of this chapter, and the vintners so voting
either acquired or processed their own production, or a combination
thereof, that represents a majority of the volume of winegrapes in
the preceding marketing season, or in the current marketing season if
the harvest is completed prior to the vote, by all the vintners who
voted in the referendum.
(2) A majority of the vintners who voted in the referendum voted
in favor of this chapter, and the vintners so voting either acquired
or processed their own production, or a combination thereof, that
represents 65 percent or more of the volume of winegrapes in the
preceding marketing season, or in the current marketing season if the
harvest is completed prior to the vote, by all the vintners who
voted in the referendum.

78904. The secretary shall establish a period in which to conduct
the referendum that shall not be less than 10 days nor more than 60
days in duration, and may prescribe additional procedures 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.

78905. Nonreceipt of a ballot shall not invalidate a referendum.

78906. The secretary shall certify and give notice of a favorable
vote to all producers and vintners whose names and addresses are on
file with the secretary if he or she finds that a favorable vote has
been given as provided in this chapter. The secretary shall certify
and declare this chapter inoperative if he or she finds that a
favorable vote has not been given as provided in this chapter.

78907. Upon certification of the commission, the secretary shall
call meetings of producers and vintners in Mendocino County for the
purpose of nominating and electing persons to the commission, or in
the alternative, may conduct the elections by mail ballot. All
producers and vintners on the secretary's list shall be given written
notice of the election meetings at least 15 days prior to the
meeting date, or reasonable notice of elections by mail ballot and a
reasonable time period in which to return ballots. In any election of
producer and vintner members to the commission, only producers who
are not also vintners may vote for producer members and alternate
members, and only vintners may vote for vintner members and alternate
members.

78908. Subsequent to the first members and alternate members
elected to the commission, persons to be elected and appointed to the
commission shall be selected pursuant to the nomination and election
procedures established by the commission with the concurrence of the
secretary.

78909. (a) Prior to the implementation referendum conducted by the
secretary, the proponents of the commission shall deposit with the
secretary the amount that the secretary deems necessary to defray the
expenses in creating the commission, including, but not limited to,
preparing the necessary producer and vintner lists and conducting the
referendum.
(b) Any funds remaining after paying expenses shall be returned to
the proponents of the commission who deposited the funds with the
secretary.
(c) 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 or other professional fees and
costs incurred in establishing the commission.