2009 California Food and Agricultural Code - Section 77970-77978 :: Article 5. Implementation And Voting Procedures

77970.  (a) Within 45 days of the effective date of this chapter,
the director shall establish a list of producers eligible to vote on
the implementation of this chapter. In establishing the list, the
director may require that producers submit the names and mailing
addresses of all known producers. The director shall receive
suggestions for inclusion on that list from any organization of
producers, and may verify the eligibility of any person so suggested.
The director also may require that the information provided include
the quantity of flowers produced by each producer or, in the
alternative, may establish procedures for receiving the information
at the time of the referendum vote conducted pursuant to Section
77971. The request for the information shall be in writing, and the
requested information shall be filed within 10 days following receipt
of the request.
   (b) Any producer whose name does not appear upon the appropriate
list may have his or her name placed on the list by filing with the
director a signed statement identifying himself or herself as a
producer. The absence of a producer's name from the list does not
exempt the producer from paying assessments and does not invalidate
any industry votes conducted pursuant to this article.
   (c) Proponents and opponents of the commission may contact
producers on the lists in a form and manner prescribed by the
director so long as all expenses associated with the contacts are
paid in advance.
   (d) Any proponent or opponent of the commission may submit to the
director a statement of his or her position on the matter, and the
director shall include these statements with the referendum ballots.

77971.  This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
director finds, in a referendum vote conducted by the director that
at least 40 percent of the total number of producers from the list
established by the director pursuant to this article have
participated and that either of the following has occurred:
   (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 gross dollar value of flowers in
the preceding marketing year by all of the producers who voted 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 gross dollar value of flowers in the
preceding marketing year by all of the producers who voted in the
referendum.

77972.  The director shall establish a period to conduct the
referendum which shall not be less than 10 days nor more than 60 days
in duration, and may prescribe additional procedures that may be
necessary to conduct the referendum. If the initial period
established is less than 60 days, the director may extend the period
to not more than 60 days.

77973.  The failure of a producer to receive a ballot shall not
invalidate a referendum.

77974.  If the director finds that a favorable vote has been given
as provided in Section 77971, the director shall certify and give
notice of the favorable vote to all producers whose names and
addresses are on file with the director.

77975.  If the director finds that a favorable vote has not been
given as provided in Section 77971, the director shall certify and
declare this chapter inoperative. The director may conduct another
implementation referendum vote one or more years after the previous
vote has been taken.

77976.  Upon certification of the commission, the director shall
contact all producers in each district by mail, or call meetings of
producers in each district, for the purpose of nominating and
electing persons to the commission. All producers on the director's
list shall be given written notice of any election meetings at least
10 days prior to the meeting date. To be eligible for election to the
commission, producer nominees shall present to the director a
nomination petition with the signatures of at least three eligible
producers from the district from which the nominee is seeking
election.

77977.  Subsequent to the first election of members of the
commission pursuant to this chapter, persons to be elected to the
commission shall be selected pursuant to nomination and election
procedures which are adopted by the commission with the concurrence
of the director.

77978.  (a) Prior to the director holding the referendum pursuant to
Section 77971, the proponents of the commission shall deposit with
the director the amount that the director determines necessary to
defray the expenses of preparing the necessary lists and information
and conducting the referendum.
   (b) Any funds not used in carrying out Section 77971 shall be
returned to the proponents of the commission who deposited the funds
with the director.
   (c) Upon the establishment of the commission, the commission may
reimburse the proponents of the commission for any funds deposited
with the director which were used in carrying out Section 77971 and
for any legal expenses and other costs incurred in establishing the
commission.