2009 California Food and Agricultural Code - Section 75171-75176 :: Article 8. Continuation Or Suspension And Termination

75171.  (a) Between January 1, 1989, and December 31, 1989, the
commission shall conduct a referendum among handlers. A favorable
vote under this chapter shall be found if the director determines
from the referendum that a majority of the eligible handlers voting
in the referendum voted in favor of continuing the operations of this
chapter.
   (b) If the director finds that a favorable vote has been given, he
or she shall so certify and this chapter shall remain operative. If
the director 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 marketing season
ending December 31, 1989. Thereupon, the operations of the commission
shall be concluded and funds distributed in the manner provided in
Section 75175.
   (c) No bond or security is required for the referendum.

75172.  (a) Following a favorable referendum conducted prior to
December 31, 1989, a referendum shall be conducted by the commission
every fifth year thereafter between January 1st and December 31st,
following procedures provided in this article, unless a referendum is
conducted as the result of a petition filed pursuant to Section
75173. In that case, the referendum shall be every fifth year
following the industry-petitioned referendum.
   (b) A favorable vote under this section shall be found if the
secretary determines from the referendum that a majority of the
handlers eligible to vote in the referendum voted in favor of
continuing the operations of this chapter, or that the handlers so
voting handled a majority or more of the volume of eggs or egg
products handled in the preceding season by all of the handlers who
voted in the referendum.
   (c) If the secretary finds that a favorable vote has been given,
he or she 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 then current
marketing season. Thereupon, the operations of the commission shall
be concluded and funds distributed in the manner provided in Section
75175.
   (d) No bond or security is required for a referendum conducted
pursuant to this section.

75173.  (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, the suspension
shall not become effective until the expiration of the current
marketing season.
   (b) The secretary shall, upon receipt of this recommendation, or
may, after a public hearing to review a petition filed with him or
her requesting the suspension, signed by 20 percent of the total
number of handlers by number who handled not less than 20 percent of
the volume of eggs and egg products handled in the immediately
preceding marketing season, conduct a referendum among the handlers
to determine if the operation 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 the operation of this chapter has not tended to
effectuate its declared purpose.
   (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 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.
   (d) If at least 40 percent of the total number of handlers from
the list established by the secretary participated in the referendum,
the secretary shall suspend the operation of this chapter, if he or
she finds either one of the following:
   (1) Sixty-five percent or more of the total number of handlers who
voted in the referendum voted in favor of suspension, and the
handlers so voting handled a majority or more of the volume of eggs
and egg products handled in the preceding marketing season by all of
the handlers who voted in the referendum.
   (2) A majority of the total number of handlers who voted in the
referendum voted in favor of suspension, and the handlers so voting
handled 65 percent or more of the volume of eggs and egg products
handled in the preceding season by all of the handlers who voted in
the referendum.

75174.  Prior to any referendum resulting from a petition filed in
accordance with Section 75173, the petitioners shall deposit with the
director an amount that the director deems necessary to defray the
expenses of preparing the necessary lists and information and
conducting the referendum. Any funds not used shall be returned to
the petitioners who deposited the funds with the director.

75175.  (a) After the effective date of suspension of the operation
of this chapter and of the commission, the operations of the
commission shall be concluded and any and all remaining funds held by
the commission, collected by assessment and not required to defray
the expenses of concluding and terminating the operations of the
commission, shall be returned upon a pro rata basis to all persons
from whom assessments were collected in the immediately preceding
marketing season.
   (b) However, if the commission finds that the amounts so
returnable are so small as to make impractical the computation and
remitting of a pro rata refund to these persons, any such funds
remaining and 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 authorized
eggs or egg products program. If no such program exists, the funds
shall be paid into a federally authorized eggs or egg products
program. If no such program exists, the funds shall be paid into the
State Treasury as unclaimed trust money.

75176.  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 handlers affected by the suspension whose names and
addresses are on file.