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

CA Codes (fac:74621-74629)

74621.  This chapter, except as necessary to conduct an
implementation referendum, shall not become operative until the
director finds, in a referendum conducted by him or her, or a person
designated by the director, that a favorable vote has been given
pursuant to this article.



74622.  (a) Not later than April 1, 1987, the director shall
establish a list of vintners who are eligible to vote on the
implementation of this chapter.  Eligibility shall be based on volume
processed in the immediately preceding marketing season.  In
establishing the list, the director may require producers, vintners,
county agricultural commissioners, and others to submit the names and
mailing addresses of all vintners.  The director also may require
that the information provided include the quantity of winegrapes sold
to vintners and the quantity of winegrapes processed by vintners or,
in the alternative, may establish procedures for receiving the
information at the time of the referendum.  The request for this
information shall be in writing.  The information required by the
director shall be filed within 30 days following receipt of the
written notice.
   (b) Any vintner whose name does not appear on the director's list
may have his or her name included on the list by filing with the
director a signed statement identifying himself or herself as a
vintner.  Failure to be on the list does not exempt the vintner from
paying assessments under this chapter.



74622.5.  For the purpose of voting in the referendum required in
Section 74621, only a person who would be required to pay the
assessment pursuant to Section 74652.5 shall be considered a vintner.



74623.  In determining whether this chapter shall become operative,
the director shall find that at least 40 percent of the total number
of vintners from the list established by the director participated in
the referendum, and that either one of the following has occurred:
   (a) Sixty-five percent or more of the vintners who voted in the
referendum voted in favor of this chapter, and the vintners so voting
processed a majority of the volume of winegrapes in the preceding
marketing season by all the vintners who voted in the referendum.
   (b) A majority of the vintners who voted in the referendum voted
in favor of this chapter, and the vintners so voting processed 65
percent or more of the volume of winegrapes in the preceding
marketing season by all the vintners who voted in the referendum.




74624.  The director shall establish a period in which to conduct
the referendum which shall not be less than 10 days nor more than 60
days in duration, and may prescribe additional procedures to conduct
the referendum.  If the initial period established is less than 60
days, the director may extend the period.  However, the total
referendum period may not exceed 60 days.



74625.  Nonreceipt of a ballot shall not invalidate a referendum.



74626.  If the director finds that a favorable vote has not been
given as provided in this chapter, he or she shall certify and
declare this chapter inoperative.  If the director finds that a
favorable vote has been given as provided in this chapter, he or she
shall certify and give notice of the favorable vote to all vintners
whose names and addresses may be on file with the director.



74627.  Upon certification of the commission, the vintner members
and their alternate members who are then serving on the California
Wine and Winegrape Improvement Program made effective by the director
on August 21, 1984, shall become the initial members and alternate
members of the commission and shall serve in accordance with the
requirements of Section 74569.



74628.  Subsequent to the first election of commissioners under this
chapter, persons to be elected to the commission shall be selected
pursuant to the nomination and election procedures established by the
commission with the concurrence of the director.



74629.  (a) Prior to the implementation referendum conducted by the
director, the proponents of the commission shall deposit with the
director the amount that the director deems necessary to defray the
expenses in creating the commission, including, but not limited to,
preparing the necessary vintner list and conducting the referendum.
   (b) Any funds remaining after paying expenses shall be returned to
the proponents of the commission who deposited the funds with the
director.
   (c) The commission may reimburse the proponents of the commission
for any funds deposited with the director which were used in carrying
out this article and for any legal expenses and costs incurred in
establishing the commission.