2007 California Food and Agricultural Code Article 8. Continuation Or Suspension And Termination

CA Codes (fac:75651-75656)

75651.  Every five years after the implementation of this chapter,
or every fifth year after an industry-petitioned referendum pursuant
to Section 75654, the secretary shall hold a hearing to determine
whether the operation of this chapter should be continued.  If the
secretary finds after the hearing that a substantial question exists
among eligible producers regarding whether the operation of this
chapter should be continued, the secretary shall submit the chapter
to a reapproval referendum.  If a reapproval referendum is required,
the operation of this chapter shall be continued in effect if the
secretary finds that a majority of the eligible producers voting in
the referendum voted in favor of continuing this chapter.  No bond or
security shall be required for the referendum.



75652.  If the secretary finds after conducting a hearing that no
substantial question exists regarding whether the operation of this
chapter should be continued or that a favorable vote has been given
in a referendum, the secretary shall so certify and this chapter
shall remain operative.  If the secretary finds that a favorable vote
has not been given, he or she shall so certify and declare the
operation of this chapter and the commission suspended upon the
expiration of the then current marketing year.  Thereupon, the
operations of the commission shall be concluded and the funds
distributed in the manner provided in Section 75655.




75653.  (a) Upon a finding by a two-thirds vote of the membership of
the commission that the operation of this chapter has not tended to
effectuate its declared purposes, the commission may recommend to the
secretary that the operation of this chapter be suspended.  However,
any suspension shall not become effective until the expiration of
the current marketing year.
   (b) The secretary shall, upon receipt of the recommendation, or
may, after a public hearing to review a petition filed with the
secretary requesting a suspension signed by not less than 20 percent
of the eligible producers by number who produced not less than 20
percent of the total volume of apples in the immediately preceding
marketing year, hold a referendum to determine if the operations of
the commission shall be suspended.  However, the secretary shall not
hold a referendum as a result of the petition unless the petitioner
shows, by a preponderance of evidence, in a manner prescribed by the
secretary, that the operation of this chapter has not tended to
effectuate its declared purposes.
   (c) The secretary shall establish a referendum period, which shall
not be less than 10 days or more than 60 days in duration.  The
secretary may prescribe additional procedures as may be necessary to
conduct the referendum.  At the close of the established referendum
period, the secretary shall tabulate the ballots filed during the
period.  The secretary shall suspend the operation of this chapter if
the secretary finds that at least 40 percent of the total number of
persons from the list established by the secretary have participated
in the referendum and that either one of the following has occurred:

   (1) Sixty-five percent or more of the eligible producers who voted
in the referendum voted in favor of suspension, and the eligible
producers so voting produced and marketed a majority of the total
quantity of apples in the preceding marketing year by all of the
eligible producers who voted in the referendum.
   (2) A majority of the eligible producers who voted in the
referendum voted in favor of suspension, and the eligible producers
so voting produced and marketed 65 percent or more of the total
quantity of apples in the preceding marketing year by all of the
eligible producers who voted in the referendum.



75654.  (a) The secretary shall terminate the commission at the end
of the then current marketing year if the secretary finds that the
termination of the commission is requested in writing, within a
90-day period, by at least 51 percent of the eligible producers that
produce and market at least 51 percent of the total volume of apples.

   (b) The person or persons originating the request shall file a
written notice with the secretary in a manner that establishes the
date the request is initiated.  Any person may withdraw his or her
name from the petition requesting the termination prior to the time
the request is presented to the secretary.
   (c) The signatures on the petition requesting the termination need
not all be appended to one sheet of paper.  Each person signing the
petition shall specify his or her place of business in a manner that
will enable the location to be readily ascertained.
   (d) The petition shall bear a copy of the notice of intention to
terminate the commission.  Signatures shall be secured within the
time limit specified in this section.



75655.  After the effective date of the suspension, the operation of
the commission shall be concluded and any and all funds remaining,
held by the commission, and not required to defray the expenses of
concluding and terminating the operations of the commission, shall be
returned upon a pro rata basis to all persons from whom assessments
were collected in the immediately preceding marketing year.  However,
if the commission finds that the amounts so returnable are so small
as to make impractical the computation and remitting of the pro rata
refund to these persons, any funds remaining, after the payment of
all expenses of winding up and terminating operations, shall be
withdrawn from the approved depository and paid into an appropriate
program conducted by the University of California or the California
State University, or another state agency that deals with the
purposes of this chapter.  If no program exists, the funds shall be
paid into the State Treasury as unclaimed trust funds.



75656.  Upon suspension of this chapter, the commission shall mail a
copy of the notice of suspension to all producers and handlers whose
names and addresses are on file with the commission.