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Section 69103 Of Article 8. Continuation Or Suspension And Termination From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 7. >> Article 8.
69103
. Upon a finding by 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 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.
The secretary shall establish a referendum period, that shall not be
less than 10 days or more than 60 days in duration. The secretary may
prescribe additional procedures 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 of this chapter, and the producers so voting marketed a majority or more of the total quantity of pistachios marketed in the preceding marketing season by all of the producers who voted in the referendum.
(b) A majority of the producers who voted in the referendum voted in favor of continuation of this chapter, and that the producers so voting marketed 65 percent or more of the total quantity of pistachios marketed in the preceding season by all of the producers who voted in the referendum.
(a) Sixty-five percent or more of the producers who voted in the referendum voted in favor of continuation of this chapter, and the producers so voting marketed a majority or more of the total quantity of pistachios marketed in the preceding marketing season by all of the producers who voted in the referendum.
(b) A majority of the producers who voted in the referendum voted in favor of continuation of this chapter, and that the producers so voting marketed 65 percent or more of the total quantity of pistachios marketed in the preceding season by all of the producers who voted in the referendum.
