SECTIONS 79701-79705 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79701-79705

79701. (a) In the fifth year of operation of this chapter and every
fifth year thereafter, between January 1 and December 31, 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 to determine whether the operations 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 voting in the
referendum voted in favor of continuing the operations 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 79704.

79702. Following a hearing, and favorable referendum if required,
the process specified in Section 79701 shall be conducted by the
secretary every fifth year thereafter between January 1 and December
31, unless a referendum is conducted as the result of a petition
pursuant to Section 79703.

79703. (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 owned and operated not less than 15 percent of the total
quantity of colonies maintained in the immediately preceding
marketing season, cause a referendum to be conducted among the listed
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 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 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 that at least 30 percent of the total number of
producers from the list established by the secretary participate, and
that either of the following occurs:
(1) Sixty-five percent of the producers who voted in the
referendum voted in favor of suspension, and the producers so voting
operated a majority of the total quantity of honeybee colonies owned
or operated by those producers voting in the referendum.
(2) A majority of the producers who voted in the referendum voted
in favor of suspension, and the producers so voting operated 65
percent or more of the total quantity of honeybee colonies owned or
operated by those producers voting in the referendum.

79704. 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 on 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.

79705. 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 affected by the suspension whose names
and addresses are on file.