Section 58992 Of Article 12. Assent To Marketing Orders From California Food And Agricultural Code >> Division 21. >> Part 2. >> Chapter 1. >> Article 12.
58992
. Any marketing order or major amendment to it which directly
affects processors that are engaged in the operation of canning of
fresh fruits or vegetables or canning or packing of dried fruits
shall not be made effective by the director unless and until the
director finds one of the following has occurred:
(a) The marketing order or amendment to it has been assented to in
writing by the processors that are engaged in the marketing activity
which is regulated by the marketing order or amendment to it that
processed not less than 65 percent of the volume of the commodity
which is processed within the area defined in the marketing order or
amendment to it and by 65 percent of the number of the processors
that are engaged in the marketing activity which is regulated by the
marketing order or amendment to it.
(b) It has been approved by processors in a referendum among
processors that are directly affected. The director may make the
finding pursuant to this subdivision if the valid votes cast in the
referendum represent not less that 40 percent of the total number of
processors of the commodity of record with the department, and if the
processors that cast ballots in the referendum in favor of the
marketing order or amendment to it represent not less than 65 percent
of the total number of processors that cast ballots in the
referendum and processed not less than 51 percent of the total
quantity of the commodity which was marketed in the next preceding
marketing season, or the current marketing season if the harvest and
delivery of the commodity to processors is complete, by all of the
processors that cast ballots in the referendum, or if the processors
that cast ballots in the referendum in favor of the marketing order
or amendment represent not less than 51 percent of the total number
of processors that cast ballots in the referendum and processed not
less than 65 percent of the total quantity of the commodity which was
marketed in the next preceding marketing season or the current
marketing season if the harvest and delivery of the commodity to
processors is complete, by all of the processors who cast ballots in
the referendum. The quantity of the commodity processed by the
processor may be stated on the referendum ballot returned by each
processor or may be obtained by requiring processors to report that
volume pursuant to Section 58775.