SECTIONS 79521-79525 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79521-79525

79521. In the fifth year of operation of this chapter, and every
five years thereafter, the secretary shall hold a 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 eligible producers regarding whether the operation of
this chapter should be continued, the secretary shall submit the
chapter to a reapproval referendum. If a reapproval referendum is
required, the operation of this chapter shall be continued in effect
if the secretary finds that a majority of the eligible producers
voting in the referendum voted in favor of continuing this chapter.
No bond or security shall be required for a referendum pursuant to
this section.

79522. If the secretary finds after conducting a hearing that no
substantial question exists, or after a referendum that a favorable
vote has been given, the secretary shall so certify and this chapter
shall remain operative. If the secretary finds that a favorable vote
has not been given after a referendum, he or she shall so certify and
declare the operation of this chapter and the commission suspended
upon the expiration of the then current marketing season. Thereupon,
the operations of the commission shall be concluded and funds
distributed in the manner provided in this article.

79523. (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 operation of this chapter be suspended. However, any suspension
shall not become effective until the expiration of the then current
marketing season.
(b) The secretary shall, upon receipt of the recommendation, or
may, after a public hearing to review a petition filed with him or
her requesting a suspension signed by 15 percent of the producers by
number who produced and sold not less than 15 percent of the total
value of nursery products in the immediately preceding marketing
season, hold a referendum among 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 the evidence that
this chapter has not tended to effectuate 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 as may be necessary to
conduct the referendum. At the close of the established referendum
period, the secretary shall tabulate the ballots filed during the
period. If at least 40 percent of the total number of producers from
the list established by the secretary participate in the referendum,
the secretary shall suspend the operation of this chapter if he or
she finds 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
sold a majority of the total value of nursery products 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 suspension, and the producers so voting sold 65 percent
or more of the total value of nursery products in the preceding
marketing season by all of the producers who voted in the referendum.

79524. After the effective date of suspension of this chapter, the
operation of the commission shall be concluded and all moneys held by
the commission not required to defray the expenses of concluding and
terminating operations of the commission shall be returned on a pro
rata basis to all persons from whom assessments were collected in the
immediately preceding marketing season. However, if the commission
finds that the amounts returnable are so small as to make impractical
the computation and remitting of the prorate 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 state or federal program
conducting or funding activities related to the subject matter of
this chapter, or to a private nonprofit organization which has
received tax exempt status under Section 501(c)(3) of the Internal
Revenue Code and which benefits the California nursery industry.

79525. Upon suspension of the operation of this chapter, the
commission shall mail a copy of the notice of suspension to all
eligible producers affected by the suspension whose names and
addresses are on file.