SECTIONS 79291-79295 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79291-79295

79291. (a) Five years after implementation of this chapter, the
secretary shall hold a public hearing, after providing proper notice
to all persons subject to this chapter and any other persons or
entities who have requested, in writing, notice of the hearing, to
determine whether the operation of this chapter should be continued.
If the secretary finds after the hearing that a substantial question
exists among the persons assessed under this chapter regarding
whether the operation of this chapter should be continued, the
secretary shall submit the chapter to a reapproval referendum to be
conducted among producers and handlers to determine whether the
operation of this chapter shall be reapproved and continued in
effect.
(b) If the secretary finds after conducting a hearing that no
substantial question exists or, if a reapproval referendum is
required, that a majority of the eligible producers and a majority of
eligible handlers voting in the referendum voted in favor of
continuing the operation of this chapter, the secretary shall so
certify and this chapter shall remain operative. If the secretary
finds that a favorable vote has not been given, he or she shall so
certify and declare the operation of this chapter and the commission
suspended upon the expiration of the current marketing season.
Thereupon, the operations of the commission shall be concluded and
funds distributed in the manner provided in Section 79294. No bond or
security shall be required for any such referendum.

79292. Following a hearing, and favorable referendum if required,
the process specified in Section 79291 shall be conducted by the
secretary every five years thereafter between October 1 and September
30, unless a referendum is conducted as the result of a petition
pursuant to Section 79293. In that case, the hearing, and referendum
if required, shall be conducted every five years following the
industry petitioned referendum.

79293. (a) Upon a finding by a two-thirds vote 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 commission be suspended. Any suspension shall not become
effective until the expiration of the current marketing season.
(b) The secretary shall, upon receipt of a recommendation, or may,
after a public hearing to review a petition filed with him or her
requesting such suspension, signed by 15 percent of the producers by
number who produced not less than 15 percent of the volume in the
immediately preceding marketing season and 15 percent of the handlers
by number who handled not less than 15 percent of the volume in the
immediately preceding marketing season, cause a referendum to be
conducted among the listed producers and handlers 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 the weight of evidence that this
chapter has not effectuated its declared purposes.
(c) The secretary shall establish a referendum period, which shall
not be less than 10 days or 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 the following:
(1) At least 40 percent of the total number of producers from the
list established by the secretary participate, and that either of the
following occurs:
(A) Sixty-five percent of the producers who voted in the
referendum voted in favor of suspension, and the producers so voting
produced a majority of the total quantity of blueberries produced in
the preceding marketing season by all of the producers voting in the
referendum.
(B) A majority of the producers who voted in the referendum voted
in favor of suspension, and the producers so voting produced 65
percent or more of the total quantity of blueberries produced in the
preceding marketing season by all of the producers voting in the
referendum.
(2) At least 40 percent of the total number of handlers from the
list established by the secretary participate, and that either of the
following occurs:
(A) Sixty-five percent of the handlers who voted in the referendum
voted in favor of suspension, and the handlers so voting handled a
majority of the total quantity of blueberries handled in the
preceding marketing season by all of the handlers voting in the
referendum.
(B) A majority of the handlers who voted in the referendum voted
in favor of suspension, and the handlers so voting handled 65 percent
or more of the total quantity of blueberries handled in the
preceding marketing season by all of the handlers voting in the
referendum.

79294. After the effective date of suspension of this chapter and
of the commission, the operations of the commission shall be
concluded and all moneys held by the commission, and moneys collected
by assessment 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 current marketing season. However, if
the commission finds that the amounts returnable are so small as to
make impractical the computation and remitting of the pro rata refund
to those persons, any moneys remaining and any moneys remaining
after payment of all expenses of winding up and terminating
operations shall be withdrawn from the approved depository and paid
into an appropriate state or federal program or used to fund
activities related to the subject matter of this chapter.

79295. Upon suspension of the operation of this chapter and of the
commission, the commission shall mail a copy of the notice of
suspension to all producers and handlers affected by the suspension
whose names and addresses are on file.