Section 76382.5 Of Article 8. Continuation Or Suspension And Termination From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 15. >> Article 8.
76382.5
. 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 director that
the operation of this chapter 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 after a public hearing to review a petition
filed with him or her requesting a suspension and signed by 20
percent of the producers by number who produced not less than 20
percent of the volume of wool in the immediately preceding season,
hold a referendum among the producers to determine if the operations
of the commission shall be suspended. However, the director shall not
hold a referendum 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
days nor more than 60 days in duration. The director may 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 has occured:
(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 50 percent or more of the total quantity of wool 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 suspension, and the producers so voting marketed 65
percent or more of the total quantity of wool marketed in the
preceding marketing season by all of the producers who voted in the
referendum.