Section 67132 Of Article 9. Continuation And Suspension And Termination From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 5. >> Article 9.
67132
. Upon the finding of 11 voting members of the commission if
the commission consists of three or five districts, or of 10 voting
members of the commission if the commission consists of four
districts, that this chapter has not tended to effectuate its
declared purposes, the commission may recommend to the secretary that
the operations of the commission shall be suspended, provided that
the suspension shall not become effective until the expiration of the
current marketing season. The secretary shall, upon receipt of the
recommendation, or upon a petition filed with him or her requesting
the suspension, signed by 15 percent of the producers by number who
produced not less than 15 percent of the volume in the immediately
preceding year, cause a referendum to be conducted among the listed
producers to determine if the operation of this chapter and the
operations of the commission shall be suspended, and shall establish
a referendum period, which shall not be less than 10 days nor more
than 60 days in duration. The secretary is authorized to prescribe
any additional procedure necessary to conduct the referendum. At the
close of the established referendum period, the secretary shall
tabulate the ballots filed during the period. If at least 40 percent
of the total number of producers, on a list established by the
secretary marketing 40 percent of the total volume marketed by all
producers during the last completed marketing season, participate in
the referendum, the secretary shall suspend this chapter upon the
expiration of the current marketing season, if he or she finds either
one of the following:
(a) Sixty-five percent or more of the producers who voted in the
referendum voted in favor of the suspension, and the producers so
voting marketed 51 percent or more of the total quantity of avocados
marketed in the preceding marketing season by all of the producers
who voted in the referendum.
(b) Fifty-one percent or more of the producers who voted in the
referendum voted in favor of suspension, and the producers so voting
marketed 65 percent or more of the total quantity of avocados
marketed in the preceding season by all of the producers who voted in
the referendum.