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Section 72133 Of Article 8. Continuation, Suspension, And Termination From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 10. >> Article 8.
72133
. 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 director 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 director shall, upon receipt of the
recommendation, or may upon a petition filed with him 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 season, and after a public hearing, cause a referendum to
be conducted among the listed producers to determine if the operation
and the operations of the commission shall be suspended. However,
the director shall not cause a referendum to be conducted as a result
of the petition unless the petitioner shows by the weight of
evidence that the operation of this chapter has not tended to
effectuate its declared purposes. The director shall establish a
referendum period, which shall not be less than 10 nor more than 60
days in duration. The director is authorized to prescribe additional
procedures as may be necessary to conduct the referendum. At the
close of the established referendum period, the director shall
tabulate the ballots filed during the period. If at least 40 percent
of the total number of producers from the list established by the
director, participate in the referendum, the director shall suspend
the operation of this chapter, 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 suspension, and the producers so voting marketed a majority or more of the total quantity of wheat 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 suspension, and that the producers so voting marketed 65 percent or more of the total quantity of wheat 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 suspension, and the producers so voting marketed a majority or more of the total quantity of wheat 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 suspension, and that the producers so voting marketed 65 percent or more of the total quantity of wheat marketed in the preceding season by all of the producers who voted in the referendum.
