2005 California Food and Agricultural Code Sections 59691-59694 Article 6. Change of Proration Zone Boundaries

FOOD AND AGRICULTURAL CODE
SECTION 59691-59694

59691.  Any area within the state which is not already included in a
proration zone that produces the same kind or variety of a commodity
as is produced in a proration zone which is already established
pursuant to this chapter, and regulated by a marketing program, may
be added or annexed to the established proration zone pursuant to
this article.
59692.  A petition to change the boundaries of any proration zone
may be filed with the director by producers that produce not less
than 10 percent of the production of the commodity which is affected
that is produced within the boundaries of the proration zone which is
established, or within the boundaries of the area which is proposed
to be added.  The petition may request that the existing marketing
program or a proposed marketing program, as amended, be made
applicable to the entire area which is included within the proposed
changed boundaries of the proration zone.  Upon the receipt of such a
petition, the director shall hold a public hearing, as provided in
Article 5 (commencing with Section 59641) of this chapter, and
receive evidence as to whether or not the boundaries of the proration
zone as established shall be changed as recommended.
   The director shall also, at the hearing, receive evidence with
respect to the marketing program which is to be applicable to all of
the area within the proposed changed boundaries of the proration
zone.
59693.  After the hearing, findings shall be made and procedures
followed which are in accordance with the applicable provisions of
Article 5 (commencing with Section 59641) of this chapter.  If the
findings are positive, a marketing program is issued, and a proration
zone with new boundaries is established, the marketing program shall
be submitted to producers within the zone for their written assent
as prescribed by the applicable provisions and procedures of Article
9 (commencing with Section 59851) of this chapter.
59694.  If the marketing program which is submitted is not assented
to by producers in sufficient number and by sufficient volume to meet
the requirements of Article 9 (commencing with Section 59851) of
this chapter, the director shall dismiss the proceedings which were
instituted to change or annex the boundaries of the proration zone,
and the marketing program in operation at the time the proceedings
were instituted shall continue to be effective within the boundaries
of the proration zone as constituted prior to the proceedings. The
marketing program has the same force and effect as though no
proceedings had been instituted pursuant to this article.


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