SECTIONS 79671-79678 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79671-79678

79671. (a) Within 30 days after the effective date of this chapter,
the secretary shall issue a public notice that the department is
preparing a list of beekeepers who are eligible to vote on the
implementation of this chapter. The notice shall indicate that
beekeepers eligible to vote in the implementation referendum must
register with the department. The notice shall be placed in
appropriate publications and shall include instructions on how to
register.
(b) Within 180 days after the effective date of this chapter, the
secretary shall establish a list of local and out-of-state producers,
who are eligible to vote on the implementation of this chapter.
(c) The secretary shall require in the registration process that
producers submit the names, mailing addresses, and number of colonies
operated during the preceding marketing season and identify their
district based on primary residence.
(d) Any producer whose name does not appear on the secretary's
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 and providing the required registration information
specified in this section. Failure to be on the list does not exempt
the producer from paying assessments under this chapter.
(e) Any eligible producer may contact other eligible producers in
a form and manner prescribed by the secretary. 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 producers.

79672. This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
secretary finds that at least 30 percent of the total number of the
producers from the list established by the secretary participate, and
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 owned or operated a majority of the total quantity of colonies
maintained 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 owned or
operated 65 percent or more of the total quantity of colonies
maintained in the preceding marketing season by all of the producers
voting in the referendum.

79673. 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.

79674. Nonreceipt of a ballot shall not invalidate a referendum.

79675. If the secretary finds that a favorable vote has been given
as provided in Section 79672, he or she shall so certify and give
notice of the vote to all producers whose names and addresses are on
file with the secretary.

79676. If the secretary finds that a favorable vote has not been
given as provided in this article, he or she shall so certify and
declare this chapter inoperative. The secretary may conduct another
implementation referendum vote one or more years after the previous
vote has been taken.

79677. (a) Upon certification of the commission, the secretary
shall contact all producers in a manner determined by the secretary
for the purpose of nominating and electing persons to the commission.
To be eligible for election to the commission, nominees shall
present to the secretary a nomination petition.
(b) Subsequent to the first selection of members of the
commission, 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.

79678. Prior to the referendum vote conducted by the secretary
pursuant to this article, the proponents of the commission shall
deposit with the secretary an amount of funds determined necessary by
the secretary to defray the expenses of preparing the necessary
lists and information and conducting the vote. Any funds not used for
this purpose shall be returned to the proponents of the commission
who deposited the funds with the secretary. Upon establishment of the
commission, the commission may reimburse the proponents of the
commission for any funds deposited with the secretary and for any
legal expenses and costs incurred in establishing the commission.