Section 65573 Of Article 3. The California Table Grape Commission From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 3. >> Article 3.
65573
. 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) 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.
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.
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.
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.