Section 77312 Of Article 5. Implementation And Voting Procedures From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 17. >> Article 5.
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. This chapter, except as necessary to conduct an
implementation referendum vote, shall not become operative until the
secretary finds as follows in a referendum vote conducted by the
secretary:
(a) At least 40 percent of the total number of producers from the
list established by the secretary pursuant to this article have
participated and that either of the following has occurred:
(1) Sixty-five percent of the producers who voted in the
referendum voted in favor of this chapter, and the producers so
voting marketed a majority of the total quantity of peppers in the
preceding marketing year by all of the producers who voted in the
referendum.
(2) A majority of the producers who voted in the referendum voted
in favor of this chapter, and the producers so voting marketed 65
percent or more of the total quantity of peppers in the preceding
marketing year by all of the producers who voted in the referendum.
(b) At least 40 percent of the total number of handlers from the
list established by the secretary pursuant to this article, have
participated, and that either of the following has occurred:
(1) Sixty-five percent of the handlers who voted in the referendum
voted in favor of this chapter, and the handlers so voting handled a
majority of the total quantity of peppers in the preceding marketing
year by all of the handlers who voted in the referendum.
(2) A majority of the handlers who voted in the referendum voted
in favor of this chapter, and the handlers so voting handled 65
percent or more of the total quantity of peppers in the preceding
marketing year by all of the handlers who voted in the referendum.