Cal. Food & Agric. Code § 65573
The California Table Grape Commission
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2025
As of January 1, 2011
The provisions of this chapter except Sections 65550, 65551, 65553, 65554, 65555, 65556, 65558, to 65565, inclusive, shall not become operative until the commission finds, in a referendum conducted by the commission in which at least 40 percent of the total number of producers established by the director as marketing 40 percent of the total volume marketed by all producers on the list established pursuant to Sections 65559 to 65562, inclusive, during the last completed marketing season participate, one or more of the following:
(a) The commission shall continue to operate if, in a referendum conducted by the commission in which at least 40 percent of the total number of producers certified as marketing 40 percent of the total volume marketed by all producers on the list during the last completed marketing season participate, the secretary finds that either the following occurs: (1) Sixty-five percent or more of the producers who voted in the referendum voted in favor of continuing the operation of the commission, and that the producers voting in favor marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in the referendum. (2) Fifty-one percent or more of the producers who voted in the referendum voted in favor of continuing the operation of the commission and that the producers voting in favor marketed 65 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in the referendum.
(a) That not less than 65 percent or more of the producers as certified by the commission in accordance with Section 65565, who voted in such referendum, voted in favor of the provisions of this chapter, and that such producers so voting marketed 51 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such referendum; or
(b) That 51 percent or more of such producers who voted in such referendum voted in favor of the provisions of this chapter and that such producers so voting marketed 65 percent or more of the total quantity of table grapes marketed in the preceding marketing season by all of the producers who voted in such referendum.
The commission shall establish a period in which to conduct such referendum which shall not be less than 10 days nor more than 60 days, and may prescribe such additional procedure as may be necessary to conduct such referendum.
(b) The commission shall establish a period in which to conduct the referendum that shall not be less than 10 days or more than 60 days, and may prescribe additional procedures as may be necessary to conduct the referendum.
Nonreceipt of a ballot shall not invalidate such referendum. If the commission finds that such favorable vote has been given as herein provided, it shall so certify to the director and give notice thereof by publication in a newspaper of general circulation in each district in accordance with Section 6066 of the Government Code and shall mail a copy of such notice to all producers and shippers whose names and addresses may be on file with the commission. All provisions of this chapter shall become effective upon completion of publication and 15 days after such certification to the director.
(c) Nonreceipt of a ballot shall not invalidate the referendum. If the commission finds that a vote in favor of the continuing the operation of the commission has been given as provided in this section, it shall so certify to the secretary and give notice of the favorable vote by publication in a newspaper of general circulation in each district in accordance with Section 6066 of the Government Code and mail a copy of the notice to all producers and shippers whose names and addresses may be on file with the commission. The operation of the commission shall become effective upon completion of publication and 15 days after the certification to the secretary.
If the commission finds that such assent has not been given as herein provided, it shall so certify to the director, who shall declare the operation of the provisions of this chapter and of the commission suspended upon the expiration of the current marketing season ending April 30, 1968. Thereupon, the operations of the commission shall be wound up and funds distributed in the manner provided in Sections 65662 and 65663 of this chapter.
(d) If the commission finds that a vote in favor of the operation of the commission has not been given as provided in this section, it shall certify that finding to the secretary, who shall declare the suspension of the operation of the commission upon the expiration of the current marketing season. Upon the declaration, the operations of the commission shall be wound up and funds shall be distributed in the manner provided in Sections 65662 and 65663.
Prior to the holding of the referendum, sureties shall have posted a bond or security, acceptable to the director, in an amount which the director shall determine to be sufficient to pay the costs of the referendum should it prove unfavorable to the operation of the commission.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.