2005 California Food and Agricultural Code Sections 65660-65663 Article 6. Suspension of Operations

65660.  Upon the finding of 11 of the members of the commission that
the operation of the provisions of this chapter has not tended to
effectuate its declared purposes, the commission may recommend to the
director that the operation of this chapter shall be suspended;
provided, that any such suspension shall not become effective until
the expiration of the marketing season then current.  The director
shall, upon receipt of such recommendation, or upon a petition being
filed with him requesting such suspension, signed by 20 percent of
the producers, cause a referendum to be conducted among producers as
certified by the commission in accordance with Section 65566, to
determine if such operation and the operations of the commission
shall be suspended, and shall establish a referendum period, which
shall not be less than 10 nor more than 60 days.  The director is
authorized to prescribe such additional procedure as may be necessary
to conduct such referendum.
65661.  At the close of the referendum period established, the
director shall tabulate the ballots filed during said period.  If at
least 40 percent of the total number of producers, as established by
the director as marketing 40 percent of the total volume marketed by
all producers on the list established pursuant to Sections 65559 to
65562, inclusive, during the last completed marketing season,
participate in the referendum and the director finds either:    (a)
Sixty-five percent or more of the producers who voted in the
referendum voted in favor of such suspension, and the producers so
voting marketed 51 percent or more of the total quantity of table
grapes marketed in the preceding marketing season by all of the
producers who voted in the referendum; or   (b) That 51 percent or
more of the producers who voted in the referendum voted in favor of
such suspension, and that the producers so voting marketed 65 percent
or more of the total quantity of table grapes marketed in the
preceding season by all of the producers who voted in the referendum;
the director shall declare the operation of the provisions of this
chapter and of the commission suspended, effective upon expiration of
the marketing season then current.
65662.  Upon and after the effective date of suspension of the
operation of the provisions of this chapter and of the commission, as
herein provided, the operations of the commission shall be wound up
and any and all moneys remaining held by the commission, collected by
assessment and not required to defray the expenses of winding up and
terminating operations of the commission, shall be returned upon a
pro rata basis to all persons from whom assessments were collected in
the immediately preceding current marketing season; provided
further, however, that if the commission finds that the amounts so
returnable are so small as to make impractical the computation and
remitting of such pro rata refund to such persons, any such 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 the State Treasury as unclaimed
trust moneys.
65663.  Upon suspension of the operation of this chapter and of the
commission, as aforesaid, a notice thereof shall be posted on a
public bulletin board to be maintained by the director in his office,
and a copy of such notice shall be published in a newspaper of
general circulation in each district.  It shall also be the duty of
the commission to mail a copy of the notice of suspension to all
producers and shippers affected by such suspension whose names and
addresses are on file with the commission.