2007 California Food and Agricultural Code Article 7. Suspension Of Operations

CA Codes (fac:66661-66664)

66661.  Upon the finding of nine of the members of the commission
that the operation of this chapter has not tended to effectuate its
declared purposes, the commission may recommend to the director that
the operation of this chapter be suspended.  However, the suspension
shall not become effective until the expiration of the fiscal year
then current.  The director shall, upon receipt of the
recommendation, or may, after holding a public hearing to review a
petition that was filed with him or her requesting the suspension,
signed by 20 percent of the handlers as defined in Section 66532,
cause a vote among handlers as defined in Section 66532, to determine
if the operation and the operations of the commission should be
suspended, and shall establish a period, which shall not be less than
30 nor more than 90 days after receipt by the director of the
petition.  The director may prescribe any additional procedure that
may be necessary to conduct the referendum.



66662.  At the close of the voting period established, the director
shall tabulate the ballots filed during such period.  If at least 65
percent of the handlers have assented in writing for such suspension,
and the handlers so voting marketed at least a majority of the total
quantity of iceberg lettuce marketed in the preceding marketing
season by all of the handlers who voted, or the majority of the
handlers handling 65 percent of the total quantity of iceberg lettuce
marketed in the preceding marketing season, the director shall
declare the operation of the provisions of this chapter and of the
commission suspended, effective upon expiration of the current fiscal
year.


66663.  After the effective date of suspension of the operation of
the provisions of this chapter and of the commission, as provided in
Section 66662, the operations of the commission shall be wound up and
any 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 handlers from whom assessments were collected
in the immediately preceding current fiscal year.  However, if the
commission finds that the amounts so returnable are so de minimis as
to make impractical the computation and remitting of such pro rata
refund to such handlers, 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.



66664.  Upon suspension of the operation of this chapter and of the
commission, as provided in Sections 66662 and 66663, a notice thereof
shall be posted on a public bulletin board to be maintained by the
director in his or her office, and a copy of such notice shall be
published in a newspaper of general circulation in each district.
The director shall also mail a copy of the notice of suspension to
any producers, shippers, and handlers affected by such suspension
whose names and addresses are on file with the commission.