2005 California Food and Agricultural Code Sections 77311-77320 Article 5. Implementation and Voting Procedures

77311.  (a) Within 30 days of the effective date of this chapter,
the secretary shall have established a list of producers and handlers
eligible to vote on implementation of this chapter.  In establishing
the list, the secretary may require that producers, handlers, and
others submit the names and mailing addresses of all producers and
handlers.  The secretary also may require that the information
provided include the quantity of peppers produced by each producer
and the quantity of peppers handled by each handler, or, in the
alternative, may establish procedures for receiving the information
at the time of the referendum vote specified in Section 77312.  The
request for the information shall be in writing and shall be filed
within 10 days following receipt of the request.
   (b) Any producer or handler whose name does not appear upon the
appropriate list may have his or her name placed on the list by
filing with the secretary a signed statement identifying himself or
herself as a producer or handler.  Failure to be on the list does not
exempt the person 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 and handlers on the lists in a form and manner prescribed
by the secretary so long as all expenses associated with the contacts
are paid in advance.
77312.  This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
secretary finds as follows in a referendum vote conducted by the
secretary:
   (a) At least 40 percent of the total number of producers from the
list established by the secretary pursuant to this article have
participated and that either of the following has occurred:
   (1) 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 total quantity of peppers in the
preceding marketing year by all of the producers who voted in the
referendum.
   (2) 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 quantity of peppers in the preceding
marketing year by all of the producers who voted in the referendum.
   (b) At least 40 percent of the total number of handlers from the
list established by the secretary pursuant to this article, have
participated, and that either of the following has occurred:
   (1) Sixty-five percent of the handlers who voted in the referendum
voted in favor of this chapter, and the handlers so voting handled a
majority of the total quantity of peppers in the preceding marketing
year by all of the handlers who voted in the referendum.
   (2) A majority of the handlers who voted in the referendum voted
in favor of this chapter, and the handlers so voting handled 65
percent or more of the total quantity of peppers in the preceding
marketing year by all of the handlers who voted in the referendum.
77313.  The secretary shall use fresh weight in calculating the
volume voted pursuant to Section 77312.  For converting dry weight
and seed weight to fresh equivalent weight the secretary shall use
the following ratios:  5.3 to 1 for dry weight and 220 to 1 for seed
weight.
77314.  The secretary shall establish a period in that 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 secretary may extend the
period, however, the total referendum period may not exceed 60 days.
77315.  Nonreceipt of a ballot shall not invalidate a referendum.
77316.  If the secretary finds that a favorable vote has been given
as provided in Section 77312, the secretary shall certify and give
notice of the favorable vote to all affected producers and handlers
whose names and addresses are on file with the secretary.
77317.  If the secretary finds that a favorable vote has not been
given as provided in Section 77312, the secretary shall certify and
declare this chapter inoperative.  The director may conduct another
implementation referendum vote one year or more after the previous
vote has been taken.
77318.  Upon certification of the commission, the secretary shall do
the following:
   (a) 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
secretary'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 must present to the
secretary a nomination petition with the signatures of at least
three eligible producers from the district from which the nominee is
seeking election.
   (b) Contact all handlers by mail or by calling a meeting for the
purpose of nominating and electing persons to the commission.  All
handlers on the secretary'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, handler nominees must
present to the secretary a nomination petition with the signatures of
at least two eligible handlers who are engaged in the same type of
handler activity as the handler seeking nomination.
77319.  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  that are established by the commission with the
concurrence of the secretary.
77320.  (a) Prior to the referendum vote conducted by the secretary
pursuant to Section 77312, the proponents of the commission shall
deposit with the secretary the amount that the secretary deems
necessary to defray the expenses of preparing the necessary lists and
information and conducting the vote.
   (b) Any funds not used in carrying out Section 77312 shall be
returned to the proponents of the commission who deposited the funds
with the secretary.
   (c) Upon establishment of the commission, the commission is
authorized to reimburse the proponents of the commission for any
funds deposited with the secretary that were used in carrying out
Section 77312 and for any legal expenses and costs incurred in
establishing the commission.