Section 76381 Of Article 8. Continuation Or Suspension And Termination From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 15. >> Article 8.
76381
. (a) Every five years, commencing with the 2004-05 marketing
year, the secretary shall hold a hearing to determine whether the
operation of this chapter shall be continued in effect. If the
secretary finds, following the hearing, that a substantial question
exists among producers assessed under this chapter as to whether the
operation of this chapter shall be continued in effect, the secretary
shall conduct a referendum vote among producers to determine whether
the operation of this chapter shall be approved and continued in
effect. A favorable vote under this section shall be found if the
secretary determines from the referendum that a majority of the
eligible producers voting in the referendum voted in favor of
continuing the operations of this chapter.
(b) If the secretary finds, following the referendum vote, that a
favorable vote has been given as provided in subdivision (a), the
secretary shall so certify and this chapter shall remain in
operation. If the secretary finds that a favorable vote has not been
given as provided in subdivision (a), the secretary shall so certify
and declare the operation of this chapter and the commission
suspended upon expiration of the then current marketing year. At that
time, the operations of the commission shall be concluded and funds
distributed in the manner provided in Section 76383.