SECTIONS 79491-79499 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79491-79499

79491. (a) Within 60 days of a request from any producer, the
secretary shall establish a list of producers eligible to vote on
implementation of this chapter. The secretary may require producers
to submit the names and mailing addresses of other producers. The
secretary also may require that the information provided include
information on the value of nursery products produced and sold by
each producer or, in the alternative, may establish procedures for
receiving the information at the time of the referendum vote
specified in this article. The request for the information shall be
in writing and shall be filed within 10 days following receipt of the
request.
(b) Any producer eligible to vote 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 person eligible to vote. Failure to be on the list does
not exempt the person from providing information requested by the
secretary or the commission or from paying assessments and does not
invalidate any industry votes conducted pursuant to this article.
(c) Any producer eligible to vote may contact those on the list
regarding the referendum in a form and manner prescribed by the
secretary if all expenses associated with those contacts are paid in
advance. Subsequent to the implementation of this chapter and the
establishment of the commission, the commission shall prescribe the
form and manner by which eligible producers may contact other
eligible producers regarding the administration of this chapter.

79492. 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
participate, and that either of the following occurs:
(a) 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 value of nursery products
marketed 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 this chapter, and the producers so voting marketed 65
percent or more of the total value of nursery products marketed in
the preceding marketing season by all of the producers voting in the
referendum.

79493. 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.

79494. Nonreceipt of a ballot by an eligible producer shall not
invalidate a referendum.

79495. If the secretary finds that a favorable vote has been given
as provided in this article, the secretary shall certify and give
notice of the favorable vote to all affected producers whose names
and addresses are on file with the secretary.

79496. If the secretary finds that a favorable vote has not been
given as provided in this article, 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.

79497. (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 this article 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.

79498. Upon certification of the commission, the secretary shall
contact all producers by mail or call meetings of producers for the
purpose of nominating and electing persons to the commission. All
producers on the secretary's list shall be given written notice of
the meetings at least 10 days prior to the meeting date.

79499. Subsequent to the first election of members and alternate
members of the commission pursuant to this chapter, 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.