2007 California Food and Agricultural Code Article 5. Implementation And Voting Procedures

CA Codes (fac:71100-71107)

71100.  (a) Within 15 days of a request from any handler or
producer, the secretary shall establish a list of handlers and
producers eligible to vote on implementation of this chapter.  The
secretary may require handlers and producers to submit the names and
mailing addresses of all producers and handlers.  The secretary also
may require that the information provided include information on the
volume of rice handled by each handler, or produced by each producer
or, in the alternative, may establish procedures for receiving the
information at the time of the referendum vote specified in Section
71101.  The request for the information shall be in writing and shall
be filed within 10 days following receipt of the request.
   (b) Any handler or producer eligible to vote whose name does not
appear on 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 person eligible to vote.  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) Any handler or producer eligible to vote may contact those on
the list regarding the referendum in a form and manner prescribed by
the secretary if all expenses associated with those contacts are paid
in advance.



71101.  This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
secretary finds the following in a referendum vote conducted by the
secretary:
   (a) At least 40 percent of the total number of handlers from the
list established by the secretary pursuant to this article
participate, and that either of the following occurs:
   (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 rice handled in the preceding
marketing season by all of the handlers voting 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 rice handled in the
preceding marketing season by all of the handlers voting in the
referendum.
   (b) At least 40 percent of the total number of producers from the
list established by the secretary pursuant to this article
participate, and that either of the following occurs:
   (1) Sixty-five percent of the producers voting in the referendum
voted in favor of this chapter, and the producers so voting produced
a majority of the total quantity of rice produced in the preceding
marketing season by all of the producers voting in the referendum.
   (2) A majority of the producers voting in the referendum voted in
favor of this chapter, and the producers so voting produced 65
percent or more of the total quantity of rice produced by all of the
producers voting in the referendum.



71102.  The secretary shall establish a period in which to conduct
the referendum, which shall not be less than 10 days or more than 60
days in duration, and may prescribe additional procedures 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.



71103.  Nonreceipt of a ballot by an eligible handler or producer
shall not invalidate a referendum.



71104.  If the secretary finds that a favorable vote has been given
as provided in Section 71101, the secretary shall certify and give
notice of the favorable vote to all affected handlers and producers
whose names and addresses are on file with the secretary.



71105.  If the secretary finds that a favorable vote has not been
given as provided in Section 71101, the secretary shall certify and
declare all provisions of this chapter inoperative.  The secretary
may conduct other implementation referendum votes one year or more
after the previous vote has been taken.



71106.  Upon certification of the commission, the secretary shall
terminate, effective at the end of the marketing season then current,
consistent with the terms of the marketing order and Section 59088,
any entity operating pursuant to an existing state marketing order
affecting the same subject matter as this chapter.  Notwithstanding
the terms of the marketing order, or any provision of Chapter 1
(commencing with Section 58601) of Part 2 of Division 21, the
secretary shall immediately upon certification of the commission,
order the transfer of the marketing order's assets to the commission,
except for those assets necessary to the proper winding up of the
marketing orders affairs.  This section shall not affect the
continued operation of any existing rice research marketing order
directly affecting producers of rice.



71107.  (a) Prior to the referendum vote conducted by the secretary
pursuant to this article, 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 71101 shall be
returned to the proponents of the commission who deposited the funds
with the secretary.
   (c) Upon establishment of the commission, the commission may
reimburse the proponents of the commission for any funds deposited
with the secretary that were used in carrying out this article, and
for any legal expenses and costs incurred in establishing the
commission.