2007 California Food and Agricultural Code Article 9. Termination

CA Codes (fac:64731-64736)

64731.  The provisions of this chapter shall continue to be
operative permanently except as provided in this article.



64732.  A referendum among the state's producers shall be conducted
by the director in any of the following cases:
   (a) Whenever the director, on his own motion or at the request of
the council, determines that it is no longer in the best interest of
the state to continue the existence of the council and the programs
established and maintained pursuant to this chapter.
   (b) Upon the receipt by the director of a petition for such a
referendum signed by 3,000 of the state's producers that signed the
petition not more than six months prior to its presentation to the
director.
   In either such event, the director shall thereupon prepare and
mail to each producer as shown in the records of the department, a
ballot form and self-addressed envelope.



64733.  The ballot form shall be substantially as follows:

      BALLOT
California Beef Council Law
Termination of Council and Program

   Shall the existence of the California Beef Council and the
programs established and maintained under the California Beef Council
Law (Chapter 2 (commencing with Section 64501) of Division 22 of the
Agricultural Code) be discontinued and terminated?


                    YES ______     NO ______

                            __________________________________
                                  Signature of Producers




64734.  If upon the count of the ballots the director finds that 30
percent, or more, of all producers established by the director's list
have voted and that 51 percent, or more, of the total number of
producers voting have assented to the discontinuance and termination
of the council and the programs which are established and maintained
pursuant to this chapter, the director shall make a finding to that
effect and declare the existence of the council and the programs
which are established and maintained pursuant to this chapter
discontinued and terminated at the end of the fiscal year in which
the referendum is conducted.


64735.  If upon a count of the ballots the director finds that less
than 51 percent of the total number of producers voting have assented
to such discontinuance and termination, he shall make a finding to
that effect and the council and programs which are established and
maintained pursuant to this chapter shall continue to remain in full
force and effect.



64736.  On the expiration of this chapter pursuant to this article,
the council shall remain in existence for the purpose of furnishing
the director with a complete record of its outstanding financial
obligations, accrued and to accrue.  The director shall pay from the
money deposited and disbursed as provided in Section 64696 such
obligations and any obligations incurred by the director and the
department under the terms and provisions of this section.  Any money
which remains shall be retained by the director to defray the
expenses of formulation, issuance, administration or enforcement of
any subsequent program for beef promotion.  If no such program is
undertaken within a period of three years from the date of
termination of this chapter, such money shall be withdrawn from the
approved depository and paid into the State Treasury, allocated to
the Department of Agriculture Fund for use by the director in
carrying out the hide and brand provisions of this code, when
appropriated by the Legislature.