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Section 68133 Of Article 8. Continuation, Suspension, And Termination From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 6. >> Article 8.
68133
. Upon the finding of a two-thirds vote 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 shall be suspended. However, any
suspension shall not become effective until the expiration of the
current marketing season. The secretary shall, upon receipt of that
recommendation, or may, after a public hearing to review a petition
filed with the secretary requesting suspension, signed by 15 percent
of the producers by number who produced not less than 15 percent of
the volume in the immediately preceding season, cause a referendum to
be conducted among the listed producers to determine if the
operation and the operations of the commission shall be suspended,
and shall establish a referendum period, which shall not be less than
10 or more than 60 days in duration. The secretary may prescribe any
additional procedures that may be necessary to conduct a referendum.
At the close of the established referendum period, the secretary
shall tabulate the ballots filed during the referendum period. If at
least 40 percent of the total number of producers from the list
established by the secretary participate in the referendum, the
secretary shall continue the operation of this chapter, if the
secretary finds either one of the following:
(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of continuation, and the producers so voting marketed a majority or more of the total quantity of kiwifruit marketed in the preceding marketing season by all of the producers who voted in the referendum.
(b) That a majority or more of the producers who voted in the referendum voted in favor of continuation, and that the producers so voting marketed 65 percent or more of the total quantity of kiwifruit marketed in the preceding season by all of the producers who voted in the referendum. Should the referendum fail to meet the requirements of subdivision (a) or (b), the secretary shall suspend the operation of this chapter upon the expiration of the current marketing season.
(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of continuation, and the producers so voting marketed a majority or more of the total quantity of kiwifruit marketed in the preceding marketing season by all of the producers who voted in the referendum.
(b) That a majority or more of the producers who voted in the referendum voted in favor of continuation, and that the producers so voting marketed 65 percent or more of the total quantity of kiwifruit marketed in the preceding season by all of the producers who voted in the referendum. Should the referendum fail to meet the requirements of subdivision (a) or (b), the secretary shall suspend the operation of this chapter upon the expiration of the current marketing season.
