2005 California Food and Agricultural Code Sections 67131-67134 Article 9. Continuation and Suspension and Termination

67131.  Between November 1, 1980, and October 31, 1981, and every
fifth year thereafter, the secretary shall cause a referendum to be
conducted by the commission among producers to determine whether this
chapter shall be reapproved and continued in effect.  The operations
of this chapter shall be reapproved and continued in effect if the
secretary finds that a majority of the eligible growers voting in the
referendum voted in favor of continuing the operations of this
chapter.  If the secretary finds that a favorable vote has been
given, he or she shall so certify and this chapter shall remain
effective.  If the secretary finds that a favorable vote has not been
given, he or she shall so certify and declare this chapter and the
commission suspended upon the expiration of the then-current
marketing season.  Thereupon, the operations of the commission shall
be wound up and funds distributed in the manner provided in Section
67133.  No bond or security shall be required for the referendum.
67132.  Upon the finding of 11 of the members of the commission that
this chapter has not tended to effectuate its declared purposes, the
commission may recommend to the secretary that the operations of the
commission shall be suspended; provided, that the suspension shall
not become effective until the expiration of the current marketing
season.  The secretary shall, upon receipt of the recommendation, or
upon a petition filed with him or her requesting the suspension,
signed by 15 percent of the producers by number who produced not less
than 15 percent of the volume in the immediately preceding year,
cause a referendum to be conducted among the listed producers to
determine if the operation of this chapter and the operations of the
commission shall be suspended, and shall establish a referendum
period, which shall not be less than 10 days nor more than 60 days in
duration.  The secretary is authorized to prescribe any additional
procedure necessary to conduct the referendum.  At the close of the
established referendum period, the secretary shall tabulate the
ballots filed during the period.  If at least 40 percent of the total
number of producers, on a list established by the secretary
marketing 40 percent of the total volume marketed by all producers
during the last completed marketing season, participate in the
referendum, the secretary shall suspend this chapter upon the
expiration of the current marketing season, if he or she finds either
one of the following:
   (a) Sixty-five percent or more of the producers who voted in the
referendum voted in favor of the suspension, and the producers so
voting marketed 51 percent or more of the total quantity of avocados
marketed in the preceding marketing season by all of the producers
who voted in the referendum.
   (b) Fifty-one percent or more of the producers who voted in the
referendum voted in favor of suspension, and the producers so voting
marketed 65 percent or more of the total quantity of avocados
marketed in the preceding season by all of the producers who voted in
the referendum.
67133.  After the effective date of suspension of this chapter and
of the commission, the operations of the commission shall be wound
up, and any asset of the commission shall be liquidated and the
proceeds, along with 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.  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 those persons, any moneys
remaining after payment of all expenses of winding up and terminating
operations shall be withdrawn from the approved depository and paid
to any existing state or federally authorized avocado program.  If no
program exists, the moneys shall be paid into the State Treasury as
unclaimed trust moneys.
67134.  Upon suspension of this chapter and the commission, a notice
shall be posted on a public bulletin board to be maintained by the
secretary in his or her office, and a copy of the notice shall be
published in a newspaper of general circulation in each district.
The commission shall mail a copy of the notice of suspension to all
producers and handlers affected by the suspension whose names and
addresses are on file.